Shidduch Central Terms and Conditions for ‘Single’
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, OR ANY OTHER WEBSITES OF SHIDDUCH CENTRAL, INC. AND ITS AFFILIATES (“SHIDDUCH CENTRAL”, “WE”, “OUR”) THAT LINK TO THIS AGREEMENT (COLLECTIVELY, THE “SITE”), YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT; (2) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT WITH Shidduch Central; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ENTITY YOU IDENTIFIED AS THE USER, AND TO BIND SUCH ENTITY TO THIS AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER UPON REGISTRATION ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR THE SERVICES.
THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
Please note that these Terms are subject to change by Shidduch Central at its sole discretion at any time. When changes are made, Shidduch Central will make a new copy of the Terms available on the Site, and any new Supplemental Terms will be made available within, or through, the affected Service on the Site. The “Last Updated” date at the top of these Terms of Use will also be updated. Shidduch Central may require you to provide consent to the updated Terms in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any changes after receiving notice of such changes, you must cease using the Site and the Services. Your continued use of the Site and/or Services constitutes your acceptance of such changes. PLEASE REGULARLY CHECK THE SITE TO VIEW THE CURRENT TERMS.
- USERS
You may browse the Site without registration, or you may register with Shidduch Central to create an “Account.” You are required to provide true, accurate, current, and complete information for your Account. If Shidduch Central believes or suspects that the information you provided is not true, accurate, current, or complete, Shidduch Central reserves the right to deny or terminate your access to the Site or Services, in whole or in part.
- ACCOUNTS
- Registration
When setting up an Account, you must provide your name, email address, and select a password (collectively, your “Account Information”), which you may not transfer or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and assume it is you or your authorized representative accessing the Site and Services. You are solely responsible for all use of your Account Information and any activities occurring under or in connection with your Account.
Without limiting any other rights, we may have, we reserve the right to take any action we deem necessary or reasonable to ensure the security of the Site and your Account. This includes, but is not limited to, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission by users accessing the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms.
In no event and under no circumstances will Shidduch Central be liable to you for any liabilities or damages arising from (i) any action or inaction by Shidduch Central under this provision, (ii) any compromise of the confidentiality of your Account or password, or (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time without the permission of the Account holder. Notify us immediately if you become aware of any unauthorized use of your Account Information.
You agree not to register for more than one Account, register for an Account on behalf of another individual without their authorization, or register for an Account on behalf of any group or entity. You also agree to only post photographs through your Account that were taken within the previous two (2) years.
- SNS Accounts
You may enable access to your Account through a social networking service (“SNS”) by linking your Account with an account on such SNS (“Third-Party Accounts”). By allowing Shidduch Central to access your Third-Party Account, as permitted under the applicable terms governing your use of each Third-Party Account, you represent that you are entitled to grant Shidduch Central access without breaching any terms and without obligating Shidduch Central to pay fees or making Shidduch Central subject to usage limitations imposed by such third-party service providers.
By granting Shidduch Central access to any Third-Party Accounts, you understand that Shidduch Central may access, make available, and store (if applicable) content (“SNS Content”) that you have provided to and stored in your Third-Party Account so that it is available on and through the Services via your Account. Unless otherwise specified in these Terms, all SNS Content shall be considered your Content.
Depending on the Third-Party Accounts you choose and subject to your privacy settings on those accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Site or Services. If a Third-Party Account or associated service becomes unavailable or Shidduch Central’s access to it is terminated by the third-party service provider, SNS Content will no longer be available to Shidduch Central. You can disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. SHIDDUCH CENTRAL DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF YOUR PRIVACY SETTINGS IN THOSE THIRD-PARTY ACCOUNTS. Shidduch Central does not review SNS Content for accuracy, legality, or non-infringement, and Shidduch Central is not responsible for any SNS Content.
- SERVICES
- Personal Information for Matchmaking
By providing personal information through our Site, you authorize us to use this information for our offline matchmaking services (“Matching”). Please note, Matching is not offered through the Site. By submitting such personal information, you consent to its disclosure to our clients.
- Criminal History
By registering for Matching, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. Shidduch Central reserves the right to conduct criminal background checks at any time using available public records to confirm your compliance with this section. However, Shidduch Central does not routinely conduct background checks as a matter of practice.
- Matching Criteria
Participation in Matching requires the completion of a registration questionnaire. Shidduch Central does not guarantee that the Matching will provide any matches or that you will be contacted as a result of the Matching. All information provided through the Services is for informational and entertainment purposes only. Your use of the Services must be for bona fide relationship-seeking purposes to maintain the integrity of the Matching process.
- Marital Status
By requesting matches from the Services, you represent and warrant that you are not married. If you are separated but not legally divorced, you may not request, register for, or use the Services.
- Risk Assumption and Precautions
You assume all risks when using the Services, including but not limited to the risks associated with online or offline interactions with others. You are solely responsible for your interactions with other Shidduch Central users. We encourage you to read our Safety Tips before meeting anyone for the first time and to keep such tips in mind in all your interactions. Shidduch Central makes no guarantees, express or implied, regarding your ultimate or lasting compatibility with individuals you meet through Shidduch Central. You agree to take all necessary precautions when meeting or continuing to interact with such individuals. “Other Shidduch Central users” refers to any person you may meet through your use of Shidduch Central, whether at a Shidduch Central event or through a potential match set up by Shidduch Central. You will promptly report to Shidduch Central any violations of the Terms by others, including other Shidduch Central users.
- No Harassment of Shidduch Central Employees or Agents
You agree not to harass, annoy, intimidate, or threaten any Shidduch Central employees or agents engaged in providing any portion of the Services to you.
- Disclosure to Protect Abuse Victims
Notwithstanding any other provision of these Terms or the Privacy Policy, Shidduch Central reserves the right, but has no obligation, to disclose any information you submit to the Services if, in its sole opinion, Shidduch Central suspects or has reason to suspect that the information involves a party who may be the victim of abuse in any form. Abuse may include, but is not limited to, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities Shidduch Central deems appropriate, including, but not limited to, law enforcement agencies, child protection agencies, or court officials. You acknowledge and agree that Shidduch Central is permitted to make such disclosures.
- Your Interactions with Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SHIDDUCH CENTRAL USERS. YOU UNDERSTAND THAT SHIDDUCH CENTRAL DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. SHIDDUCH CENTRAL DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THEIR STATEMENTS. SHIDDUCH CENTRAL MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OF ITS CLIENTS OR USERS OR THEIR COMPATIBILITY WITH ANY OTHER INDIVIDUAL. SHIDDUCH CENTRAL RESERVES THE RIGHT TO CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL SHIDDUCH CENTRAL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR ANYONE ELSE’S IN CONNECTION WITH THE USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER SHIDDUCH CENTRAL USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS IF AND WHEN YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT SHIDDUCH CENTRAL MAKES NO GUARANTEES, EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH SHIDDUCH CENTRAL. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (E.G., YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.
- Ownership:
You acknowledge that the software, code, proprietary methods, and systems used to provide the Site and Services (“Our Technology”) are protected by U.S., Canadian and international copyright laws and other intellectual property rights. These are owned by us or our licensors. You are not allowed to copy, modify, reproduce, republish, post, transmit, sell, offer for sale, or redistribute Our Technology without prior written permission from us and our licensors. You must comply with all copyright notices and restrictions. These Terms do not grant you any rights to Our Technology beyond what is generally and ordinarily permitted through the Site. Furthermore, no license to Our Technology is granted by implication or otherwise. Certain names, logos, and other materials displayed on the Site or Services are trademarks or service marks (“Marks”) of Shidduch Central or other entities, and you are not authorized to use them. Ownership of all such Marks and the associated goodwill remains with us or those other entities. Any third-party software provided in connection with the Site or Services will be governed by the third parties’ licenses, not these Terms. Shidduch Central grants you a limited license to use the Site and Services for personal or non-commercial purposes, subject to these Terms. Access to materials hosted by another party is at your own risk, and Shidduch Central cannot monitor such materials.
- Rules Regarding Information and Other Content
- Access and Use of Content
When you access the Site and/or Services, you may gain access to various types of images, video, audio, data, and other information and materials (collectively referred to as “Content”). You agree not to alter any Content posted by others. You further represent and warrant that you will not provide, submit, make available to Shidduch Central, or use any Content in any manner that:
- Infringes upon the copyright, trademark, trade secret, or other intellectual property or proprietary rights of any third party;
- Violates the privacy, publicity, or other rights of third parties, or any applicable law, statute, ordinance, or regulation;
- Is false or inaccurate, or may become false or inaccurate over time;
- Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive, or otherwise offensive, as determined by Shidduch Central in its sole discretion;
- Discloses or provides information protected under any law, agreement, or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresents your identity in any form;
- Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- Advocates or encourages any illegal activity;
- Has the potential to create liability for Shidduch Central or cause Shidduch Central to violate the requirements of, or lose the services of, in whole or in part, its Internet service providers or other suppliers.
- Exposure to Content
Despite Shidduch Central’s efforts to enforce these rules, you may be exposed to Content through the Site or Services that violates these policies or is otherwise offensive. You access the Site and Services at your own risk. Shidduch Central reserves the right, but is not obligated, to remove any Content from the Site if it determines or suspects that such Content violates these Terms. Shidduch Central acts merely as a passive conduit for the distribution of such Content and assumes no responsibility for your exposure to Content, whether it violates our content policies or not.
- License to Use Your Content
By providing Content to Shidduch Central, you hereby grant (and represent and warrant that you have the right to grant) Shidduch Central an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit any Content you provide, submit, or make available to Shidduch Central, including the right to grant sublicenses of the foregoing rights, solely for Shidduch Central’s business purposes. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content.
- General Rules of User Conduct
Our objective is to ensure a positive experience for all users of our Site and Services. You agree not to, and represent and warrant that you will not, use, reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services for any purposes other than those for which the Site or Services are provided. Specifically, you agree not to:
- Engage in or promote any illegal activities while using the Site or Services.
- Upload, distribute, or print any material that may be harmful to minors.
- Attempt to reverse engineer or compromise the proper functioning of the Site, or attempt to derive the source code of the software (including tools, methods, processes, and infrastructure) that underlies the Site.
- Attempt to access secured portions of the Site or Services to which you do not have access rights.
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code.
- Use the Site or Services to generate unsolicited email advertisements or spam.
- Use the Site or Services to stalk, harass, or harm another individual.
- Use any high-volume automatic, electronic, or manual process to access, search, or harvest information from the Site or Services (including, without limitation, robots, spiders, or scripts).
- Interfere in any way with the proper functioning of the Site and Services, or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or Services.
- Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained therein for commercial use without our prior express written permission.
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
- Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
- Modifications to the Site or Services
We reserve the right, at our sole discretion, to modify or discontinue the Site or Services, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site and/or Services.
Continued use of the Site or Services following any modifications constitutes your acceptance of such changes. If you object to any modifications, your sole remedy is to discontinue use of the Site or Services.
We may also terminate your access to the Site and Services at any time, for any reason, without prior notice. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
- Disclaimer of Warranties
THE SITE, INCLUDING ALL CONTENT AND SERVICES PROVIDED THEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, IS PROVIDED BY SHIDDUCH CENTRAL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHIDDUCH CENTRAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THIS SITE, THE CONTENT, OR THE SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
SHIDDUCH CENTRAL DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FURTHERMORE, SHIDDUCH CENTRAL DOES NOT GUARANTEE THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, NOR THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHIDDUCH CENTRAL THROUGH THE SITE, SERVICES, OR OTHERWISE, SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.
- Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF CERTAIN LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHIDDUCH CENTRAL AND ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFIT, GOODWILL, USE, DATA, BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SHIDDUCH CENTRAL SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD-PARTY MERCHANTS OR INFORMATION ON THIRD-PARTY SITES LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SITE OR SERVICES IS LIMITED TO TEN DOLLARS (U.S. $10.00).
UNDER NO CIRCUMSTANCES SHALL SHIDDUCH CENTRAL OR ITS LICENSORS BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THEIR CONTROL, INCLUDING BUT NOT LIMITED TO INTERNET FAILURES, EQUIPMENT FAILURES, POWER FAILURES, LABOR DISPUTES, RIOTS, NATURAL DISASTERS, ACTS OF GOD, WAR, OR GOVERNMENTAL ACTIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME LIMITATIONS MAY NOT APPLY TO YOU. WHERE APPLICABLE LAW DOES NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY, SUCH WARRANTIES AND LIABILITIES SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
- Indemnification
You agree to indemnify, defend, and hold harmless Shidduch Central, its parent companies, subsidiaries, affiliates, officers, directors, co-branders, partners, employees, consultants, and agents (“Shidduch Central Parties”), from any and all third-party claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and court costs) arising out of or related to: (i) your use of the Site or Services (to the extent permitted by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of another person or entity; or (iv) any malicious code (e.g., viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots) introduced by you into the Site or Services. Shidduch Central reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate fully with Shidduch Central in asserting any available defenses. The indemnification obligations under this section shall survive the termination of your Account, these Terms, or your access to the Site and/or Services.
- Electronic Communications
To provide our services effectively, we need your consent to communicate with you electronically. This section outlines your rights regarding electronic communications. For contractual purposes, you: (i) consent to receive communications from us in electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) we provide to you electronically satisfy any legal requirements for written communications.
Your consent to receive Communications electronically and our agreement to do so apply to all interactions and transactions between us. This consent does not affect your non-waivable rights. You can access a copy of these Terms of Use on the Site.
You may withdraw your consent to receive Communications electronically by contacting us as described below. If you withdraw your consent, you must stop using the Site and Services from that point forward. The withdrawal will not affect the validity and enforceability of any obligations or electronic Communications provided or business conducted before your withdrawal.
Please keep us updated with any changes to your email or mailing address to ensure continuous receipt of all Communications.
- International Users
The Services are intended for use within the United States and Canada only. While the Site can be accessed from various countries worldwide and may reference services unavailable in your country, such references do not imply that Shidduch Central intends to offer those services in your country. The Site and Services are controlled and operated by Shidduch Central from facilities located in Canada. Users who access or use the Site or Services from outside the United States and Canada do so at their own risk and are responsible for complying with local laws.
- General Provisions
- Assignment
You may not assign, subcontract, delegate, or transfer these Terms or your rights and obligations under them without Shidduch Central’s prior written consent. Any attempt to do so will be null and void.
- Dispute Resolution
If you believe Shidduch Central has violated these Terms, please contact us at support@shidduchcentral.com. We will address your concerns to the best of our ability. If you believe your complaint remains unresolved, please notify us for further investigation.
- Limitations Period
You and Shidduch Central agree that any cause of action arising out of or related to these Terms, the Site, or the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read this section (“Arbitration Agreement”) carefully. It is part of your contract with Shidduch Central and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
- Applicability of Arbitration Agreement
All claims and disputes arising out of or related to these Terms or the use of any Service that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Shidduch Central, as well as to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
- Arbitration Rules
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (AAA), an established alternative dispute resolution provider (ADR Provider) that offers arbitration as set forth in this section. If the AAA is not available, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, except to the extent such rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. For claims or disputes where the total amount sought is less than Ten Thousand U.S. Dollars (US $10,000.00), the arbitration may be conducted through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held within one hundred (100) miles of your residence, unless you reside outside the United States, in which case the hearing will be held in Los Angeles, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-Appearance Based Arbitration
If non-appearance arbitration is elected, it will be conducted by telephone, online, and/or based solely on written submissions, as chosen by the party initiating the arbitration. No personal appearances by the parties or witnesses are required unless mutually agreed upon.
- Authority of Arbitrator
The arbitrator will decide the rights and liabilities of you and Shidduch Central. The dispute will not be consolidated with any other matters or joined with other cases or parties. The arbitrator has the authority to grant dispositive motions, award monetary damages, and provide any non-monetary remedy or relief available under applicable law, the Arbitration Rules, and these Terms. The arbitrator will issue a written award and statement of decision, describing the essential findings and conclusions. The arbitrator’s award is final and binding.
- Waiver of Jury Trial
The parties waive their constitutional and statutory rights to go to court and have a trial before a judge or jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, efficient, and less costly than court rules and are subject to limited court review. In any litigation to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, electing instead that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this Arbitration Agreement must be arbitrated or litigated individually and not on a class basis. Claims of more than one contributor cannot be arbitrated or litigated jointly or consolidated with those of any other contributor. If this subparagraph is found invalid or unenforceable, claims and disputes shall be resolved in a court in Los Angeles County, California.
- Confidentiality
Arbitration proceedings shall be confidential. Evidence and information disclosed in the arbitration cannot be disclosed except by written agreement of the parties, court order, or as required by law. This does not prevent a party from submitting information necessary to enforce the Arbitration Agreement, an arbitration award, or to seek injunctive or equitable relief in court.
- Severability
If any part of this Arbitration Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining parts shall continue in full force and effect.
- Right to Waive
Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted, without waiving or affecting any other part of the Arbitration Agreement.
- Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Shidduch Central.
- Small Claims Court
Either party may bring an individual action in small claims court notwithstanding the foregoing.
- Courts
If the Arbitration Agreement permits the parties to litigate in court, they agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California.
- Governing Law
These Terms, and any disputes arising out of or relating to them, shall be governed by and construed in accordance with the laws of Canada in alignment with the Federal Arbitration Act, without regard to any principles of conflicts of law that would require the application of the laws of another jurisdiction.
- Force Majeure
Shidduch Central shall not be held liable for any delay or failure to perform due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, actions of civil or military authorities, fire, floods, accidents, strikes, or shortages in transportation facilities, fuel, energy, labor, or materials.
- Compliance
If you believe that Shidduch Central has not complied with these Terms, please contact us via email at support@ShidduchCentral.com. We will make every effort to address your concerns. If you feel your complaint has not been fully resolved, please inform us for further investigation.
- Waiver
Any waiver or failure to enforce any provision of these Terms on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability
If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. The invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable while preserving the intent of the original provision to the maximum extent permitted by law.
- Entire Agreement
These Terms constitute the final, complete, and exclusive agreement between the parties regarding the subject matter hereof and supersede all prior and contemporaneous understandings or agreements, whether written or oral, relating to such subject matter.