11TH Hour also offers offline matchmaking services (“Services”) including personal consultation services. There are separate terms that are governed by a separate agreement which apply to offline matchmaking services that a client must sign with 11th Hour.
b. By accessing the Website or using the Services, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please Contact Us or send a letter and self-addressed stamped envelope with sufficient postage to: 11th Hour Matchmaking, LLC c/o Industrious, 4250 Drinkwater Blvd., Suite 300, Scottsdale, Arizona 85251. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Website.
c. By using the Services, you consent to receive this Agreement in electronic form by using the Service. To withdraw this consent, you must cease using the Service and terminate your account.
2. Eligibility. You must be at least 18 years of age to access and use the Service. You must also be single or separated from your spouse to use the Service. Any use of the Service is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Service.
3. Membership and Subscription. You may register as a Member by signing up for personal consultation services. As a Member, you may use the features and services available within the Service.
4. Term and Termination.
a. This Agreement will remain in full force and effect while you use the Service and/or are a Member.
b. You may only change or cancel your membership by providing 30 days’ notice. Please send the Company written notice of cancellation to 11th Hour Matchmaking, LLC c/o Industrious, 4250 Drinkwater Blvd., Suite 300, Scottsdale, Arizona 85251. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment.
c. The Company may terminate or suspend your subscription and/or membership in the Service at any time without notice if the Company believes that you have breached this Agreement, including, but not limited to, by using the Website and Service for non-personal use, engaging in prohibited or inappropriate communications or activities, and any breach of your representations and warranties. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
d. After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
5. Users. You may browse the Site, or you may register with 11th Hour and create an “Account”. You must provide us with current, complete, true and accurate information for your Account. If we suspect that your information is not current, complete, true or accurate, we may deny or terminate your access to the Site or Services. We reserve the right to deny or terminate your access to the Site or Services at any time, even after you used the Site or have become a Member.
6. Non-Commercial Use by Members. The Website and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as(i) advertising or soliciting any user to buy or sell any products or services not offered by the Company, (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes, (iii) attempting to solicit or raise money for any purpose, or (iv) attempting to solicit users to visit a third-party site. Users of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Website for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.
7. Accounts. If you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to 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 will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Site and your Account, including without limitation 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 of any users that access 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 11th Hour be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of 11th Hour 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. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You agree you will only post photographs through your Account that have been taken in the previous year.
8. Services. Through our website, you may provide personal information for 11th Hour to use in it’s offline matchmaking services. By providing such personal information, you hereby authorize 11th Hour to disclose this information to its clients.
○ Marital Status. By requesting to receive matches from 11th Hour, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not use the Services.
○ Criteria. 11th Hour requires your completion of a questionnaire. We do not guarantee that 11th Hour will provide any matches at all or that you will ever be contacted as a result of your completion of the questionnaire. All information provided through the questionnaire is for informational purposes only. Your use of the Services must be for bona fide-relationship-seeking purposes.
○ Criminal History. By registering to use 11th Hour, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. 11th Hour reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this section.
○ Risk Assumption and Precautions. You assume all risk when using 11th Hour, including but not limited to all of the risks associated with any online or offline interaction with others. You are solely responsible for your interactions with other 11th Hour users. We encourage you to read our Safety Tips before meeting anyone for the first time. You understand that 11th Hour makes no guarantees, either express or implied, regarding your ultimate or lasting compatibility with individual you meet as a result of or through 11th Hour. You are to take all necessary precautions when meeting or continuing to see such individuals.
○ INTERACTIONS WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER 11TH HOUR USERS. YOU UNDERSTAND AND ACKNOWLEDGE THAT 11TH HOUR CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR ANY OTHERS. 11TH HOUR ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OFITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. 11TH HOUR MAY NOT MEET OTHER USERS IN PERSON AND MAY ONLY HAVE A PHONE CALL OR INTERNET COMMUNICATIONS WITH USERS. 11TH HOUR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS CLIENTS OR USERS OR THEIR COMPATIBILITY WITH ANY OTHER INDIVIDUAL. 11TH HOUR RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL 11TH HOUR BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES INCLUDING DAMAGES RELATING TO THEFT OF ANY KIND, RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER 11TH HOUR USERS OR FROM ANY CIRCUMSTANCE ARISING OUT OF USE OF11TH HOUR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS IF AND WHEN YOU DECIDE TO MEET SOMEONE OFFLINE OR IN PERSON. YOU UNDERSTAND THAT 11TH HOUR MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET AS A RESULT OF 11TH HOUR. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION TO OTHER USERS.
4. General Rules of User Conduct. It is our goal to make access to our Site and Services a good experience for all of our users. 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, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
o Conduct or promote any illegal activities while using the Site or Services
o Upload, distribute or print anything that may be harmful to minors
o Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site
o Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights
o Upload or transmit any form of virus, worm, Trojan horse, or other malicious code
o Use the Site or Services to generate unsolicited email advertisements or spam
o Use the Site or Services to stalk, harass or harm another individual
o 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)
o 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
o 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 on any such web page for commercial use without our prior express written permission
o Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
o Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
5. Rules Regarding Information and Other Content. When you access the Site and/or Services, you may obtain access to various kinds of images, video, audio, data, and other information and materials, all of which we call “Content.” You agree not to revise Content posted by others, and you represent and warrant that you will not provide, submit, make available to 11th Hour, or use any Content in any manner that:
o Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others
o Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation
o Is false or inaccurate or becomes false or inaccurate at any time
o Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
o Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others
o Misrepresents your identity in any way
o Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
o Advocates or encourages any illegal activity
o Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers Though we strive to enforce these rules with all of our Users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may, but are not obligated to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not.
You hereby grant (and you represent and warrant that you have the right to grant) to 11th Hour an irrevocable, nonexclusive, royalty-free and 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 11th Hour, and to grant sublicenses of the foregoing rights, solely for 11th Hour’s business purposes. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content.
6. Modifications to the Site or Services. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. You may need to update third-party software from time to time in order to use the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion.
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
7. DISCLAIMER OR WARRANTIES. THIS SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY 11th HOUR “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 11TH HOUR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
o Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without 11th Hour’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
o Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with 11th Hour and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
§ Applicability of Arbitration Agreement. All claims and disputes in connection with 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 11th Hour, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
§ 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 AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms (“Arbitration Rules”). 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.
§ Additional Rules for Non-appearance Based Arbitration. If non- appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
§ Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and 11th Hour, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and 11th Hour.
§ Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and 11th Hour in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND 11TH HOUR WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing 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 ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CONTRIBUTOR CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CONTRIBUTOR. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Maricopa County, Arizona.
§ Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law.. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
§ Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
§ Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
§ Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with 11th Hour.
§ Small Claims Court. Notwithstanding the foregoing, either you or 11th Hour may bring an individual action in small claims court.
§ Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Maricopa County, Arizona, for such purpose.
o Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Arizona, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
o Release. You hereby release the 11th Hour Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site and/or Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Site and/or Services.o Compliance. If you believe that 11th Hour has not adhered to the Terms, please contact 11th Hour by emailing us at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
o Notice. Where 11th Hour requires that you provide an e-mail address, you are responsible for providing 11th Hour with your most current e-mail address. In the event that the last e-mail address you provided to 11th Hour is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, 11th Hour’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to 11th Hour at the following address: 11th Hour Matchmaking, LLC, 11th Hour Matchmaking, LLC c/o Industrious, 4250 Drinkwater Blvd., Suite 300, Scottsdale, Arizona 85251. Such notice shall be deemed given when received by 11th Hour by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
o Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
o Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
o Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.