HTerms and Conditionseading 2
You must be at least eighteen (18) years of age and single or separated from your spouse to become a member of Hinckley Introductions. By signing this Agreement, 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, which includes being entered into the HI database, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
By signing this Agreement, you will become a member of the Hinckley Introductions database . As a member, you may be offered the opportunity to meet one or more of Hinckley Introductions private clients or Clients that HI feel is a good fit for your personal goals and personality (such meetings or dates are referred to herein as a “Match” or “Matches”). There is no guarantee that such a meeting will occur or will be a good Match. To be explicit, as a member, other than the possibility of being matched with one of members or a Match, there are no services being provided or guaranteed. However, you will have limited access to Jill Hinckley or one of her relationship navigators during the term hereof. The foregoing services are called “Service” or “Services”.
Price and Term.
There is no charge to be a member of the Hinckley Introductions database. Hinckley Introductions may choose to delete your inclusion in the Database if it believes in its sole discretion that you are inappropriate for the database. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Your Interactions with Other Clients or Matches or Advisors.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OR CLIENTS OF HI OR ANY PERSONS THAT HI PUTS YOU IN TOUCH WITH FOR A MATCH OR DATE OR AS AN ADVISOR OF ANY KIND. YOU UNDERSTAND THAT HI IS NOT OBLIGATED TO CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS CLIENTS OR PERSONS THAT HI CONNECTS YOU WITH. HI ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR MATCHES OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS OR MATCHES. HI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR MATCHES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. HOWEVER, HI RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL HI 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 OUR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH OUR COMPANY. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OR ADVISORS OF HI OF THE SERVICE OR MATCHES WE RECOMMEND, PARTICULARLY IF YOU DECIDE TO MEET ONLINE, OFFLINE OR IN PERSON. IN ADDITION, YOU UNDERSTAND THAT HI MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS OR CLIENTS OF HI OR MATCHES.
Content Given by You to Hinckley Introductions and Make Your Match.
You are solely responsible for the Content that you give to HI, or transmit to other members, or Matches. You agree not to transmit to other members or Matches in any context any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). All information you provide to us must be accurate, current and complete. You will not provide inaccurate, misleading or false information to the Company or to any other Client or Match. If information provided to HI, or another member or Match, subsequently becomes inaccurate, misleading or false, you will promptly notify HI of such change. You agree that providing inaccurate, misleading or false information to the Company or to any other member or Match is grounds for the Company to terminate your Agreement without any pro-rata adjustment to the fee you agreed to pay or owe the Company.
You may not engage in advertising to, or solicitation of, other members or Clients. This includes but is not limited to solicitation or advertising to buy or sell any products or services through HI or to attend HI parties or other HI sponsored or so-sponsored social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other members or Clients. It is also a violation of this Agreement to use any information obtained from HI in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. Failure to comply with this section of the Agreement is also grounds for the Company to delete your information from its Client Database without any pro rata adjustment to the fee you agreed to pay or owe the Company.
You hereby consent to allow HI to share your information with other members or Matches and acknowledge that, notwithstanding HI's efforts to respect your privacy, you will not hold Hinckley Introductions responsible for information you have provided to HI or is otherwise public information on you that HI personnel have shared with other HI members or potential matches. Furthermore, you hereby consent to allow HI to share your personal information with other matchmakers and other matchmaker's clients through HI.
HI reserves the right to investigate any situation brought to its attention that if you may have misused our services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
You will not impersonate any person or entity.
You will not “stalk” or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by HI without our specific prior written consent.
HI is not responsible for any incorrect or inaccurate content or information given to us by you or any member or Match. HI is not responsible for the conduct of any Client or Advisor of our Services or any Match. Under no circumstances will HI or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's participation in our services, or any interactions between Clients or Matches.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be given by any partners, officers, employees or agents of HI is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. HI makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided by our partners, officers, employees or agents. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will HI be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the our services, even if HI has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HI's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to HI for our Services.
Arbitration and Governing Law.
Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our services, shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HI in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HI any class action, class arbitration, or other representative action or proceeding.
Notice of Rights.
By executing this Agreement, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HI (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HI (except for small-claims court actions) may be commenced only in the federal or state courts located in Portland, Maine. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and HI, shall be governed by the laws of the state of Maine without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Indemnity by You. You agree to indemnify and hold HI, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of our services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Other Agreements and Amendments.
This Agreement contains the entire agreement between you and Hinckley Introductions regarding your use of HI's services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE BY EXECUTING THIS AGREEMENT IN THE SPACE PROVIDED BELOW AS OF THE DATE INDICATED BELOW.