TERMS OF USE AGREEMENT

1. Introduction Welcome to Makemeamatchinc.com and Make Me a Match, Inc. By using this website you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register on the Web site ("Member"). If you wish to become a Member or make use of the Website's service (the "Service"), please read these Terms of Use. If you object to anything in this agreement, DO NOT USE THE WEB SITE OR THE SERVICE. The terms of use are subject to change by Makemeamatchinc.com and Make Me a Match, Inc. at any time, effective upon posting on the Web Site. Your continued use of the service after such posting will constitute acceptance by you of such changes.

Upon registering for Makemeamatchinc.com or Make Me a Match, Inc. you agree to be bound by the terms and conditions of this Agreement. As a condition precedent to "our" obligation to provide "you" with the Services and Events described herein, "you" agree to be bound by all of the terms and conditions contained in this Agreement, and these terms and conditions may not be modified absent a written agreement duly signed by both of us.

2. Definitions "Us", Our, We": These terms are defined for this purpose as referring to Makemeamatchinc.com and Make Me a Match, Inc. all of is affiliates, agents, associates, employees, venues, associated restaurants, affiliated bars, contractors or other authorized personnel conducting business that advances the purposes and goals of Makemeamatchinc.com and Make Me a Match, Inc.

"You, Yours, And Us": These terms are defined for this purpose as referring to any and all bonafide clients, customers and participants.

3. Obligation Make Me A Match, Inc. through its unique program will make every effort to provide innovative interesting activities for its members and to strive for optimum compatibility based on the confidential information provided by its members.

You represent that you are single, have no criminal background and are not less than 21 years of age. You understand and agree that while we make no efforts to screen people for eligibility purposes, you assume all liability for each and every encounter, discussion, conversation, meeting, date or other relationship you may or may not have with each and every person you may or may not meet as a result of these events and activities. You understand and agree that in no event shall we be liable to you directly or indirectly for any special, general, exemplary, punitive, consequential damages, including without limitation, any expressed or implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from the course of dealing or course of warranty, contract, negligence, or strict liability, arising under this Agreement, any statute, law or ordinance, loss of data, loss of performance, regardless of whether or not we have been advised of the possibility of such damages. Further, we make no warranty, general or implied of any kind, regarding the people you may or may not meet. We reserve the right to refuse service to anyone and have no obligation to monitor and or mediate activities or disputes that may arise between you and other members.

Furthermore, you have read, understand and agree you are bound by each and every term and condition contained in this Agreement, as well as those found at www.makemeamatchinc.com, which is specifically incorporated herein by this reference as though fully set forth herein. Specifically, all of the descriptions of the events, services and policies concerning what are provided as set forth in detail. All prices costs and expenses are also to be paid in full according to the terms set forth in said website, which may or may not be augmented from time to time by written terms and conditions as we amend at our sole discretion.

4. Term of Agreement
This Agreement will remain in full force and effect while you are a member for the time period chosen at the time of commencement of this Agreement. You may discontinue your use at any time. However, once the membership fee is paid, there will be no refunds of any kind for a period of 6 months. After this six-month period should Make Me A Match be unable to fulfill the minimum match guarantee for any reason whatsoever, Make Me A Match will refund the member 50% of his/her membership fee. Furthermore, under no circumstance is your membership transferable or assignable.

You expressly authorize us to terminate your membership if you misuse the service, or behave in any way that is inappropriate, harmful to others, illegal or prohibited by the Agreement whether on or outside our premises.

5. Termination of Contract
Member may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the third business day of the original contract between Member and Make Me A Match, Inc. or Makemeamatchinc.com, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: MAKE ME A MATCH, INC., 4848 San Felipe Road, #150-323, San Jose, CA 95135.

If by reason of death or disability Member is unable to receive all services for which the Member has contracted, the Member and the Member’s estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except if the physician determines that the duration of the disability will be less than six (6) months, Make Me A Match, Inc. or Makemeamatchinc.com may extend the term of the contract for a period of six months at no additional charge to the Member in lieu of cancellation. If the Member has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the Member has not received shall be promptly refunded to the buyer or his or her representative.

"Disability" means a condition which precludes the Member from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the Member. The written verification of the physician shall be presented to Make Me A Match, Inc. or Makemeamatchinc.com

If the Member relocates his or her primary residence further than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, Member may elect to be relieved of the obligation to make payment for services other than those received prior to that relocation, and if the buyer has prepaid any amount for dating services, so much of the amount prepaid that is allocable to services the Member has not received shall be promptly refunded to the buyer. A buyer who elects to be relieved of further obligation pursuant to this subdivsion may be charged a predetermined fee not to exceed one hundred dollars ($100) or, if more than half the life of the contract has expired, a predetermined fee not to exceed fifty dollars ($50.00).

6. Products/Merchandise
Most products are sent within 24 hours, however in case of low inventory, it may take up to five working days from the time your order is received until the package is shipped out. All items are insured during shipment. We are not responsible for merchandise lost or damaged in transit. If your package is lost or you receive a package that has been damaged, you must file a claim with the delivery carrier. Contact Makemeamatchinc.com and Make Me a Match, Inc. within three (3) day of delivery (or expected delivery) and we will provide you with the necessary tracking and shipment information.

7. Privacy Policy
We promise not to share, disclose, or provide any of the information we receive from you to any third party for any purpose, except for the information you have agreed to allow us to disclose by signing an information disclosure form to Makemeamatchinc.com and Make Me a Match, Inc.

8. Payment
Make Me A Match, Inc. and Makemeamatchinc.com uses Charge.com and Paypal.com for all transactions. They use the latest technology to ensure that your personal and payment information is kept confidential and secure; however, Makemeamatchinc.com and Make Me a Match, Inc. cannot guarantee nor an we be responsible for the security or confidentiality of the information you provide.

9. Disclaimers
WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERIWSE.

10. Limitations of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE OF OUR MEMBERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

11. Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.

12. Governing Law
This Agreement is governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the State and Federal courts of the State of California, City of San Jose with regard to any and all claims by you arising out of or related to the Makemeamatchinc.com and Make Me a Match, Inc. In the unlikely event that a dispute arises between us, Makemeamatchinc.com and Make Me a Match, Inc. and you, you agree to exhaust all reasonable efforts at informally resolving said dispute including without limitation discussions, written letters, meetings, negotiations or mediations. If this fails to settle the dispute, we agree to private mediation. If any action is deemed necessary to enforce the terms of this Agreement, then the prevailing party shall be entitled to its reasonable attorneys fees whether suit is filed or not.