Terms of Service

Last Updated: June 20, 2024
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DateSpot begins each new relationship with a written contract. These Terms of Service spell out what you can expect from us with regard to Services we deliver through our website, www.datespot.love and any subdomain (the Site), and what we expect from you.

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The Site is owned and operated by DateSpot Inc. (DateSpot, we, us, or our).  In these Terms of Service, we refer to you, any user of this Site, as you or the User, Member, Premium Member, or Potential Match, and, when and as applicable, Partner Matchmaker, or other partner.  We refer to the DateSpot services, which includes your use of this Site, as the Service or Services.

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To become one of our Members, you must affirmatively click and acknowledge that you have read and accept these Terms of Service. If you request to be one of our Partner Matchmakers, you will be directed to and required to accept our Partner Matchmaker Agreement, which, in addition to other provisions, incorporates these Terms of Service by reference.

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If you have questions about any part of these Terms of Service, please contact us at support@datespot.love. We will do our best to explain why these contract provisions are important for our Services. Please remember that, until there is an agreement in place, you may access only the public portion of this Site, and will not receive any benefits as a Member or as a Partner Matchmaker.

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These Terms of Service in contain agreement to Arbitration of Disputes and Class Action Waivers with regard to disputes. Please read these provisions carefully.

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I. Relationship Between DateSpot And User: Providing Only a Venue

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DateSpot is an Internet forum that offers dating solutions for single adults, including potential matches with other DateSpot members, potential matches with clients of partner matchmaking companies, as well as referrals to matchmaking companies, photographers, relationship/dating/life coaches, stylists/image consultants, and potentially other types of businesses.

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In terms of matching options, DateSpot facilitates connections between:

  • Individual Members when at least one party is a Client and thus paying for the introduction.
  • Individual Members and clients of our partner matchmaking companies. These companies are actively engaged in the business of professional matchmaking and seeking possible matches for their paying clientele.

Member Requirements:‍

DateSpot is not intended for persons under the age of 18, married people (unless they have a mutual understanding of an open relationship), those already in a committed relationship, or for people otherwise uninterested in the possibility of engaging in a meaningful personal relationship.

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By registering with our Site as a Member, you are representing and affirming to us that you are 18 years of age or older, not in a monogamous relationship or monogamous marriage, and open to the idea of considering a meaningful relationship were you to meet the right person.

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Candidate Member Type:

  1. Candidates do not receive proactive matchmaking services. This is a passive membership, and members may never receive a match option. There is no Sharable Profile with your info and photos sent to you for your review, no outreach to candidates, or outreach to partners.
  2. Members are eligible to meet DateSpot Clients (which comprise of less than 20% of the database as of the date this was last updated) and clients of our partner matchmakers only. They should understand that any match options will likely be few and far between.
  3. There is no payment for introductions, ever.
  4. If finding love is a priority, and you have the financial means to pay $499 per intro, please consider the Client route instead. We also suggest that any Candidate should supplement their membership with at least one other dating service and other avenues for meeting people.

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Client Member Type:

  1. We must hear directly from you confirming that you want to move forward for us to proactively search for you. This can be through a deep-dive video call, an email to us, or a response to our email asking if you want to be a Client.
  2. Clients are eligible to receive match options of anyone within our database, not just Clients but also Candidates (the majority of our database).
  3. We may also reach out to partner matchmakers to see if they have Clients who could be a good fit. Unless you opt of out the slightly higher pricing ($200 more per intro), we also can ask partners if they have any non-clients who could be a good fit. In those cases, DateSpot gives them $300 commission total if their referrals leads to an intro, kicking in $100 on our end.
  4. If we hear from you about moving forward, we will do at least one round of candidate identification within our database. However, we do not generally get back to you about the results on the search. Clients are encouraged to set up a two month check-in call (link provided in the Client Handbook) to discuss the initial search results and next steps, whether a Recommended Date has been presented or not.
  5. We may proactively recruit for you either online or offline, though this is not to be expected.
  6. There are no guaranteed match options and no certain number of matches (quota). Any matches depend on our "inventory" based on your specific search parameters, the other person's parameters, and what we deem as appropriate and a great match.
  7. We can search for you - or not - at any time while you're opted in. There is no set cadence.
  8. There is no setup fee. The service is all pay-per-match at $499 per intro. An intro occurs when we present a potential match and both people want to meet. Each intro occurs after your payment.
  9. Should a date not occur due to communication beforehand, but both sides did get in touch, this does not warrant a refund. DateSpot does not control the communication of either individual. We recommend setting up a date as soon as possible.
  10. The date will be completely set up by both parties. Member Type and gender do not determine who reaches out first or initiates the date planning. It is up to both individuals to equally make an effort to communicate, share their availability for an in person or video call date, and make a plan.
  11. You will remain a Client until you cancel your account or opt out. We may share your profile anytime while your account is active, even if we have not heard from or spoken to you in years. We do this only because we want to see all our Clients matched up! To opt out, please email support@datespot.love or uncheck the box on your Account Settings page, which sends an automatic email to us.
  12. Payment from the other party depends on their Member Type. If they are also a Client, they would also be paying the $499 intro fee. If they are a Candidate, they pay nothing.
  13. A refund request for an intro fee may be granted under very specific circumstances, such as the person deciding not to meet. It is not given for you not liking the other person, or thinking there was some misrepresentation, or not feeling the person is communicating enough. See the Refunds section below for details.
  14. Your membership includes a Client Handbook with dating recommendations and resources to help in your journey.
  15. Once we hear back from you that you are indeed a real person and wants to move forward as a Client, we will create a Sharable Profile for you that is separate from your DateSpot account (omitting more private and sensitive info, adding how we would describe you, etc..) This is in a Google Doc, with an open link that anyone can access if they have the link. It is only shared selectively with candidates and other matchmaking companies who can help in the search.
  16. We try to make sure accounts are updated before we present a Recommended Date. However, we cannot guarantee the accuracy of the data. For photos, we request and include more than a few in sharable profiles, but cannot guarantee they are recent and look like the person now.
  17. We can do video calls by request with any Recommended Date. If you want us to do a video call to verify that someone looks just like their photos, or get an even better sense about their personality, etc., let us know once we present the profile. We can meet them over a 15 minute video call if they have not already been met with by video call or in person, give you any additional info from the call, and then you can make a final decision as to whether you want to pay for the intro.
  18. We do our best to collect recent and accurate info, but we do not necessarily verify any information. We are not responsible for inaccurate information on member profiles as info may change over time and we don't always get updates about every detail at the time of every new pairing.
  19. We do not conduct background checks currently, though we reserve the right to at any time, with any Member.
  20. We deliver feedback from first dates as given by members through our First Date Feedback Form, but do not guarantee it as it depends on the match's cooperation.
  21. The potential matches presented your way, or "Recommended Dates" are people who generally already want to meet you and who you can choose to meet based on profile info and multiple photos. The exception would be with a partner matchmaker's client if they require confidentiality or a different process.
  22. You are welcome to pause your membership at any point if you are dating someone or for any other reason. Please proactively notify us if you ever want to pause or reactivate, or update your status in your Account Settings.
  23. Introductions are generally made via text as it protects confidentiality of last names and generally results in a faster response. If one or both people live outside the U.S., we generally do emails to avoid any potential phone charges.

All Members:

  1. You agree to maintain information that is considered confidential, including but not limited to: names and all info about any matches you're introduced to, DateSpot profiles, and the DateSpot Client Handbook. We also maintain your privacy, and will never post your photo on public-facing social media, but may share your profile with anyone at any time who may be helpful in the search, including any private matchmaker-specific group.
  2. Do not expect us to be proactively recruiting and continually searching for you. If you want a higher level of dedicated service, let us know and we can recommend either the Client route or another matchmaking company or two that seems right for your specific search.
  3. Though advice on love, dating, relationship and life may be provided by DateSpot in deep-dive video calls or elsewhere, the service does not include any coaching.
  4. You acknowledge that there may be multiple people on the DateSpot team helping to match you, and your main point of contact may change any time.
  5. You understand that matchmaking is an iterative process that typically requires multiple matches to land on the right person, and you and your energy, behavior, and actions are a huge part of success. Results are not guaranteed.
  6. The per-match pricing may change over time, but you will always have the option to say yes or no to an individual (and thus either pay or not) at the time of a potential match. We do not automatically charge you, so you would also know if there was any pricing change.
  7. Payment is accepted through Venmo, Zelle, PayPal, or credit card (via Stripe).

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Contact Requests:
‍A Partner Matchmaker may request contact with a Member in these cases:

  • Matchmaker identifies the Member to be a potential match for one or more of their clients.
  • Matchmaker thinks the Member would be a helpful addition to their potential match network in the future, and wants to have them in their own database.

In order for a potential match connection with a Matchmaker to occur, the Member must have responded to a contact request from DateSpot by expressing interest in talking with a Matchmaker for these purposes.

Partner Matchmakers are encouraged but not required to share photos with both parties. While sharing profiles with photos both ways is DateSpot's policy for matching among its members, many matchmaking companies do not share photos and prefer the privacy aspect.

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‍Recommendations To Other Companies:
‍If a User indicates through the website, via email, or during a call with a DateSpot members that they're potentially interested in hiring another matchmaking companies, DateSpot may make an email introduction with one or more companies within 14 days. There is absolutely no obligation to become a paying client with them. Our Partner Matchmakers always offer free initial consultations. Any exceptions would be communicated beforehand - and if you happen to come across someone who says they charge when it was unexpected, please let us know.

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While DateSpot may make recommendations about which matchmaking, photography, or other services to work with, DateSpot does not vet or vouch for any of the Partner Matchmakers or other specialists. Providing a service where subscribing matchmakers can screen, and if the Member authorizes releasing his or her email address, contact potential matches for their clients, does not imply an endorsement by us of any Partner or their team or clients.  DateSpot is not in a legal partnership or joint venture with any Partner Matchmaker or other partner.  

DateSpot provides a service as an independent contractor to the Site’s partners, who pay per lead for matches. While DateSpot seeks to satisfy itself and its Users that a company or person in fact appears to be in the matchmaking business when it contacts us to subscribe as a partner by requiring at the time of signup that they have a professional related website, and that their public ratings or reviews are of average or better standing at that time, our assessment is limited and their ratings may change after that point, not necessarily affecting their status as a DateSpot partner. DateSpot conducts no material investigation or vetting of the persons and companies seeking to work with our Site.

DateSpot vets each potential partner via questionnaire. We only accepts those who a) have a working professional matchmaking website, b) look to have practices that we respect, and c) agree to our Terms and Conditions.  However, DateSpot makes no representation and provides no assurance to any Member concerning the level of experience, qualifications, legitimacy, website quality or functionality, or ethics of any of subscribing partner, or the fact that they have any actual paying clients at any time.  

DateSpot conducts no criminal or other background checks of anyone who uses or subscribes to Site Services. If and when DateSpot contacts you with a connection request from a Partner Matchmaker, before you give us permission to provide your contact information or introduce you to the Partner Matchmaker, each Member agrees to make his or her own independent investigation and evaluation of that Partner Matchmaker. If you are not completely comfortable and do not wish to proceed with any particular matchmaker, you agree you will tell us so we may issue a credit or similar for that matchmaker.

DateSpot does not vouch for any of its Members. Similarly, because DateSpot does not conduct background checks, or seek to verify information a Member posts to his or DateSpot Profile, DateSpot makes not representation and provides no assurance to any Partner Matchmaker concerning the accuracy, ethics, or trustworthiness of any of its Members’ DateSpot profiles, or that they are in fact whom they hold themselves out to be.

Each Partner Matchmaker acknowledges and agrees the he, she, or it, and not DateSpot, is solely responsible for assessing the integrity, honesty, identity, and trustworthiness of all Members and his or her DateSpot Profile.

‍Communication Expectations:
‍Members agree that DateSpot does not guarantee a particular response time for any communication. They also agree to general working business hours between 9:30 am - 5:30 pm PST, and not expecting a response or any work to be completed on weekends.

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‍Refunds:
DateSpot keeps its matching service pricing reasonable and competitive to the industry standard.

There are generally no refunds. The match fee is based on two people connecting who decide they want to meet. Should they connect via text, email, phone, or any way, and decide they don't want to meet for a date anymore, that is not a valid reason for a refund. If two people meet and don't like each other for whatever reason, or the Matchmaking Client believes they were not a suitable match given the requirements, that is not a valid reason for a refund, because so much is subjective, and DateSpot does not guarantee matches within any set criteria due to the dynamic nature of matchmaking and having to have people say yes first to the Client. We also have no control over the behavior of individuals involved, and take no responsibility for their words or actions. Learning more about a person and realizing that there was some misrepresentation in the profile or otherwise about them also is not a valid reason, since we do our best to collect and present accurate information about each person (and generally more than most other companies provide).

Here are the exceptions that warrant a full or partial refund upon request:

  1. The Potential Match does not respond to the intro after 5 business days of a follow-up from DateSpot. You should contact DateSpot first if you want us to follow up.
  2. A match cancelled the first date and would not reschedule, or did not end up communicating with you to set up the first date, whether the date was by video call or in person. It is not recommended to set up phone calls as first "dates" but if a call is made first, that counts as a first date.
  3. The Potential Match communicates that they are just too busy after all to go out now.

Refund requests are not automatically granted. We may require verification in the form of email or text forwards, screenshots, etc.

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We may also deem that a refund is not warranted but offer a credit towards another match. Or we can offer the choice of a refund minus processing fees and anytime involved, or a credit.

If a User has been referred to a service that was subcontracted by DateSpot - a partner photographer, stylist/image consultant, or relationship/dating advisor, and they are not satisfied with the results, they should let DateSpot know so at a minimum this may be taken into account for the future with other individuals. Should the User want a refund, they may submit a request via email to DateSpot at support@datespot.love. Any materials demonstrating the specifics are helpful, such as all of the photo options if the service was a photo shoot. Partial or full refunds may be given based on the circumstance at DateSpot's discretion. DateSpot may then investigate with the partner, and potentially arrange a solution - for example, another photo shoot at no additional cost to the User. The User is encouraged to go directly to DateSpot since there would have been money exchanged between DateSpot and the partner that should be considered.

If there is ever a refund request for the paid dedicated service of working with a Partner Matchmaker based on DateSpot's recommendation, the User should contact the Partner Matchmaker directly as they would have paid that company directly. DateSpot has no involvement or responsibility to the level of service provided by or satisfaction of a Partner Matchmaker, and will not provide compensation. DateSpot generally receives a 10-20% commission for referrals, but this fee is generally already included in a partner's service, meaning the client has paid the standard rate that the partner normally charges, and therefore will not be forfeited.

If a matchmaking or other partner failed to respond to the referral email within 15 business days, the Member may request a replacement or be proactively offered a replacement. If the replacement is not satisfactory to them, they may request and receive a full refund.

Refunds will be paid via Venmo, Zelle or PayPal within 30 days of DateSpot's confirmation of the refund.

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Match Interviews:
‍Interviews to get to know candidates for clients are done by request when you feel you need a video call in order to make a decision about meeting them. We aim to share whether someone has already been met with when we present a Recommended Date in the beginning of each member's sharable profile. If it is not there or in the email to you presenting a Recommended Date, you can ask us if they have been met with.

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The video calls are scheduled for 15-20 minutes. They will generally be conducted by video call, or may have been in person. If someone at DateSpot already is friends with or otherwise knows the candidate personally, and has seen them within one year, we will consider the interview completed, and will just request any blanks in information from the candidate.

Because of the nature of a video call, DateSpot does not warrant that they have a sense of a person's body type or height, and will take the candidate's word for what they represent.

‍Member Obligations For DateSpot Dates:

  • Each Member will let DateSpot know when the first date is planned for once it's set.
  • Each Member will fill out the First Date Feedback Form within 24 hours of the date. The link appears in the Client Handbook that is sent at the start of the matchmaking service. But if you do not see it, please contact DateSpot for the link.
  • DateSpot requests feedback from both parties. Specific feedback may be shared with clients, but the feedback is completely based on what has been given to the matchmaker and any information may be shared or omitted when passing it along to the Client. Potential Matches recognize that no feedback is included when they are a Candidate, even if they fill out some feedback about the other person.
  • All Members agree to show up for a planned date - whether virtual or in person.
  • Be respectful, and do not harass or make the other person uncomfortable the other person in any way before or after a date.

‍Interactions with Other Users:
‍Should you connect with other Users through the pay-per-match program, you are fully and solely responsible for your communications and interactions with other Users. You agree and understand that DateSpot is not obligated to review the backgrounds of its Users, or to screen Users. DateSpot makes no guarantees, warranties, or representations as to the actions or conduct of its Users. DateSpot makes no guarantees as to the number or frequency of matches made through your use of the Services. Also, we do not guarantee, warrant, endorse, or imply compatibility with any current or future Users, or any of their clients. In absolutely no event shall DateSpot be liable for any damages resulting from messages, communications, meetings, or actions with other Users of the Services, or with any clients of any Partner Matchmaker. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with other Users of the Services, or with clients of any Partner Matchmaker; this is especially important if You decide to meet in person. In absolutely no event shall DateSpot be held liable for any damages, in any form, whatsoever arising out of or relating to the conduct of You or anyone else in connection with the use of the Services. This includes, without limitation, that we will not be held liable for any mental instability, emotional distress, or bodily injury whether indirect, direct, incidental, accidental arising out of or relating to conduct of You or anyone else in connection with the Services.  You are solely responsible for your communications and interactions with other Users. We reserve the right to, but have no obligation to, monitor disputes between you and other Users of the Services.

‍Partner Matchmaker Ratings:
‍We reserve the right to have Members rate interactions with their matches and Partner Matchmakers. We also may have Partner Matchmakers rate interactions with Members they have connected with. These ratings collectively help us determine which companies to send more referrals to, as well as how to iterate with matching Members better.

Any ratings of Partner Matchmakers included on our Site and in our recommendation module derive from a rules-based system heavily weighted towards reviews from our Members interactions with the Partner Matchmakers, and, to a lesser extent, may integrate reviews from outside review-based websites. Ratings may be displayed even if there is only one rating, and, as explained above, DateSpot does not vet or vouch for any of the Partner Matchmakers, including those included in the recommendation module.

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II. User Rules and Guidelines

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In order to keep this Site useful, pleasant, and lawful for all Users, it is important that Users follow our Site rules and guidelines (Rules and Guidelines). DateSpot reserves the right to deny further access to its Site and Services to any User who violates any of the Rules and Guidelines, is the subject of complaints by other DateSpot Users, or for any other reason or for no reason at all.

The following is a list of rules that govern your conduct in connection with your use of our Services and the Site. You agree to abide by these rules, which include, but are not limited to:

  • You agree that You will not pretend to be any person or entity other than yourself.
  • You agree not to display material containing nudity or pornographic material of any kind.
  • Any content, words, photographs, messages, or other information (collectively, "Content") provided to us or other Users through the Site shall remain your sole and exclusive property, and You shall be solely responsible for your Content and the consequences of providing it.
  • You agree all information you provide to us, and all your Content, will be accurate, current, and complete. You will not use the Services to provide, display, or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive material, or that which reflects illegal material or solicits illegal conduct. Also, you will not provide, publish, display, or transmit any material that infringes or violates another party's rights (including but not limited to rights of intellectual property, privacy, and copyright).
  • You agree if any of your Content becomes inaccurate with the passage of time you will promptly correct such Content to make it accurate. This includes one’s status as being an unmarried person not otherwise already in a committed relationship.
  • You agree that you will not post, publish, display, or transmit in any way proprietary information, copyrighted material, and trademarks that do not belong to you without first obtaining the prior consent of the owner of such rights.
  • You agree that you will not modify the Site and/or the Services for your own personal or commercial purposes. This includes, but is not limited to, altering, adapting, licensing, sublicensing, or translating the Site and/or the Services. You also agree that You will not aid others in such activities.
  • You agree that you will not hack or interfere with the Site, its servers, or any connected networks.
  • You agree that you will not use a robot, spider, manual/automatic processes or devices to data-mine, data-crawl, scrape, or index the Site in any manner.
  • You agree that you will not stalk or harass another User of our Services, and will not use our Services or Site in any manner which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of yourself or other Users.
  • You agree that you will not use the Services to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people.
  • You agree that you will not use the Site to transmit, upload, or distribute any electronic/computer viruses, trojan horses, or anything else that might cause harm to other Users, our Services or DateSpot.
  • You agree not to use our Services for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other's privacy.
  • You agree to keep all personal login information, such as passwords, private and confidential, and you agree not to give such information to anyone.
  • You agree that you will not imply or state that any statements you make are endorsed by DateSpot without our prior written consent.
  • You agree you will not engage in any effort to circumvent the efforts we take to anonymize and keep concealed the name, addresses, and contact information of each Member and his or her DateSpot Profile unless and until he or she expressly authorizes the specific release of any of it.  This includes, without limitation, any Partner Matchmaker or other User using software tools or search engines to search a Member’s photo to seek to uncover his or her name, identity, email address, home or work address, social media account, phone number or the like.
  • You agree you may not authorize others to use your Site account or subscription, and you may not assign or otherwise transfer your account or subscription to any other person or entity.

III. Privacy Policy

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Use of the Services and Site are also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us, and our Privacy Policy makes important disclosures about how DateSpot collects, uses, and shares the information you provide, or we receive, variously when you access the Site, or when you join the Site as a Member or become a subscribing Partner Matchmaker. It also describes your choices regarding control over the information you provide to us, to whom it is released, and how you may correct or update your personal information. We encourage you to read our Privacy Policy and use it to help make informed decisions.

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IV. DateSpot’s Proprietary and Intellectual Property Rights

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Our Site contains trademarks, copyrighted material, and reflects other proprietary rights of DateSpot. Other than your Content, we own and retain absolutely all intellectual and proprietary rights of the Site and in and to the Services. You agree that you cannot copy, alter, duplicate, transmit, license, post, publish, display, sell, or any of our proprietary information and copyrighted material, unless, we have given you explicit written permission.

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V. Indemnification

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You agree to hold harmless, defend, and indemnify DateSpot, its officers, members, managers, advertisers, agents, and employees against and from all, including but limited to, loss, claim, demand, costs, liability, lawsuits, attorney's fees, incurred by such persons or groups in conjunction with any dispute or claim arising out of your breach of these Terms of Use, the Privacy Policy, and/or your Partner Matchmaker Agreement.  DateSpot reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of DateSpot.

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VI. Governing Law, Arbitration of Disputes and Waiver of Class Actions

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These Terms of Service, the Privacy Policy, and all Partner Matchmaker Agreements, shall be governed and construed in accordance with the laws of the state of California conflict of laws excluding provisions.

If DateSpot fails to exercise or enforce any right or provision of these Terms of Service, the Privacy Policy, and any Partner Matchmaker Agreement (each, an Agreement) that failure shall not be used to prove that DateSpot has waived the right or provision under any of these agreements. If any provision of any Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Services or an Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in each such Agreement are for convenience only and have no legal effect.

ARBITRATION of DISPUTES.  You agree with DateSpot that, where allowed by applicable laws, any dispute or claim in law or equity arising between them regarding the use or breach of this Site, these Terms of Use, and Partner Matchmaker Agreements, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in San Jose, California. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of California. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS WEBSITE YOU, ACCEPTING THESE TERMS OF USE, AND/OR ANY PARTNER MATCHMAKER AGREEMENT, YOU ARE AGREEING TO HAVE ANY DISPUTE REGARDING THE MATTERS INCLUDED IN THIS "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.

Class Action Waiver.  ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS SITE, THESE TERMS OF USE, OR ANY PARTNER MATCHMAKER AGREEMENT MUST, TO THE MAXIMUM EXTENT PERMITTED BY  APPLICABLE LAW, BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

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VII. Disclaimer of Warranties

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ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (OTHER THAN USER "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DATESPOT AND ITS AGENTS DO NOT WARRANT THAT THE SITE AND SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE AND SERVICES ARE FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND SERVICES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

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VIII. Limitation of Liability

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UNDER NO CIRCUMSTANCES SHALL DATESPOT OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR OUR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE DATESPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THE DATESPOT SHALL BE LIMITED TO THE AMOUNT YOU PAID TO DATESPOT FOR OUR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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XI. Modifications to Terms of Service

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DateSpot may change these Terms of Service at any time. If the Terms of Service are modified, we will post the restated Terms of Service in full on this page and update the ‘Last Updated’ date above.  And, if we make any material changes to our Terms of Service and you are a Member or Partner Matchmaker, we will notify you by email within 7 days of the change becoming effective.

DateSpot Inc.

211 Hope St.

Mountain View, CA 94041-8777

support@datespot.love