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Terms of Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

Accepting Terms of Use

Cafe Connect, LLC welcomes you to the CafeConnect.com Website. By accessing or using the CafeConnect.com Website, you are agreeing that you have read and understood these Terms and Conditions of Use and our Privacy Policy, and that you are bound by these terms and conditions, hereby called the Agreement. Your acceptance of the Agreement is required for use of the Website. If this Agreement is changed or modified, we will take reasonable actions to notify you of these changes. Your continued use of the Website or the Services after these changes constitutes acceptance of them under this Agreement. It is the responsibility of each user to read, understand, adhere to and ensure that he or she is aware of and operating under the terms of the Agreement. If you do not agree to be bound by this Agreement, do not use the Website or the Services.

Services Provided

The Services provided by Cafe Connect, LLC at the CafeConnect.com Website for finding a partner include the ability to post your photo, compile a profile and post it, and communicate with other members via the message board. CafeConnect.com uses a proprietary and unique software system, called Synchromatch, that matches potential couples based on the criteria selected by the user and the desired characteristics of the potential match. There is no warranty that a match will be found. After individuals have been matched at the CafeConnect.com Website, the matching persons can communicate with each and continue the relationship as they see fit. CafeConnect.com does not and cannot claim to be able to match people based on chemistry or compatibility. Chemistry or compatibility is determined by the individuals themselves, apart from the Website, based upon whatever the individuals themselves find necessary and appropriate to make this determination. CafeConnect.com does not do a background check on individual members, and does not and cannot make any representations as to the non-criminal status of members. The synchromatch system and method for posting and communicating will be collectively referred to as "CafeConnect.com" "CafeConnect" or the "Company."

Messages from CafeConnect.com

In the course of providing you the services of CafeConnect.com, the Company may need to communicate with you through various mechanisms (see our Privacy Policy to learn more about communications). You authorize us to send all notices, disclosures, records, agreements and documents relating to the Services and your membership account electronically to your email address. We do not mail or provide a hard copy of this Agreement so you may want to print a copy for your records.

You agree to keep your account information current which includes email address and billing address and credit card information, if applicable.

You agree that during your membership term, CafeConnect.com may deliver communications to you via email, instant messaging, cell phone voice and/or text, pager, and other electronic communications devices (i.e., personal computer). By registering with CafeConnect.com you agree to receive these messages.

Eligibility

You must be at least eighteen (18) years of age and single or separated from your spouse to register for CafeConnect. Membership in CafeConnect is void where prohibited. By registering with CafeConnect, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and that you will abide by all of the terms and conditions of this Agreement.

Membership and Subscription

Membership to CafeConnect is subscription-based. When a member registers for the monthly subscription, we will automatically charge the member's account each month on the anniversary date of the initial billing for the duration of the service. Upon cancellation of the service, the automatic charges will cease at the NEXT billing cycle. In all instances the member will NOT be notified of the automatic billing charges prior to the charging of their account. The automatic charges will occur until the member cancels his/her subscription, which may be done at any time by visiting the My Account page on the Website. Should you decide to renew your membership, you will have to re-register, which involves once again entering all account information and filling out the profile pages. No record is stored on the Website of past membership.

Refund Policy

The charges for membership in CafeConnect are final and not refundable. Once a payment has been received, no refunds will be issued even if cancellation of your membership account occurs prior to the end of the payment period. Nor will a refund be given if a match is not found through the Synchromatch system.

Term

Your membership in CafeConnect will remain effective until terminated by your cancellation. However, CafeConnect may terminate your membership in the event that you breach or violate this Agreement . Upon termination, you will not be able to access or utilize the services of CafeConnect in any way. In such event, you agree not to gain or attempt to gain unauthorized access to CafeConnect and that we shall not be liable to you nor any third-party for any termination of your account or any termination of access to the membership services of CafeConnect.

Your Use of the Services provided by CafeConnect

In accessing the Website and/or using the Services:

  • You agree not to impersonate, falsely state, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, nor will you misrepresent yourself in any way.
  • You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the website services for CafeConnect (including your User Name and User Password)
  • You agree not to upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights or that otherwise violates the rights of another party;
  • You agree not to post content or initiate communications which are defamatory, inaccurate, unlawful, libelous, abusive, obscene, discriminatory, offensive, sexually explicit, threatening, pornographic, harassing, racially offensive or otherwise objectionable;
  • You agree not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • You agree not to use any high volume, automated, or electronic means to access the Website or the services of CafeConnect (including without limitation robots, spiders or scripts);
  • You agree not to allow, enable or support the transmission of mass unsolicited emails (i.e., spamming);
  • You agree not to stalk or harass anyone;
  • You agree not to interfere with or disrupt the Website or Services of CafeConnect or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to CafeConnect;
  • You agree not to use the Website or Services for any illegal purpose, including but not limited to conspiring to violate laws;
  • You agree not to violate any applicable laws and regulations.

Account Security

You agree to select a user password ("User Password") that is unique and entirely different from your user name ("User Name") when registering for CafeConnect. You agree to refrain from using personal information for your password, such as portions of your address, phone number, username, or any simple words that might be guessed (we recommend you use a combination of letters and numbers to make it unique). You agree that you will never divulge or share your User Name or User Password with any third party for any reason. You agree not to allow anyone else to access or use your membership account or provide them with your login information to do so. If you do so, we cannot protect your personal information in your membership account against compromise or theft. We advise you to not include any confidential information in your profile at any time.User Content & Licenses

You are solely responsible for all content that you post on CafeConnect and any of the posts that you read from other parties. We do not monitor or otherwise authenticate any of the USER Content that is posted on the site. However, we reserve the right to remove your User Content if we believe that it may create liability for us. You shall not portray a picture of any person other than yourself in your dating profile. You also agree that the picture you post is an accurate representation of yourself and within a reasonable time frame to the present. We reserve the right to review User Content, and should you violate any of these terms we will take appropriate action, which may include the removal of the offending User Content and/or the termination of the membership of the violator.

Blocking Members

In order to protect the integrity of CafeConnect, we reserve the right to block current members, or certain IP addresses from accessing the services of CafeConnect. We may also "freeze" any member account, for which we are investigating for fraud or illegal activities, or activities potentially violating the terms and conditions of this Agreement for any period we deem necessary.

Review and Monitoring

We reserve the right to review and monitor dating site profiles for compliance with the Agreement.

Restrictions On Use

Your use of the CafeConnect website and membership shall be consistent with the public interest and must avoid all discourteous, negative, rude commentary or immoral conduct or practices. All users shall safeguard and promote the good reputation CafeConnect and its services. You shall make no disparaging, defamatory or negative statements about any individuals or entities using CafeConnect. CafeConnect reserves the right to cancel any membership that breaches these restrictions.

Suggestions

You agree that if you submit to us any suggestions, ideas, or other improvements (hereinafter, "submissions") regarding the operation of CafeConnect, your submissions shall be deemed to be the property of CafeConnect, and the company shall be free to use your submissions for any purpose whatsoever, including but not limited to incorporating your submissions in our products or services without compensation to you.You agree in submitting suggestions to us that your submissions will not violate or infringe the rights of any party, including privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights.

Title and Ownership

The content on CafeConnect.com, including but not limited to software, text, photographs, graphics, video, audio, are proprietary to CafeConnect and are protected under U.S. copyright and other intellectual property laws. You agree not to modify, copy, rent, lease, loan, sell, reproduce, display, distribute, or create derivative works based on the Site Content of CafeConnect, without our prior, written consent, except that the foregoing does not apply to your own User Content.

If you are eligible to use the Website and Services, you are granted a personal, nontransferable, and non-exclusive right and license to access, use and display the Website and the Site Content and to download or print a copy of any portion of the Site Content to which you are properly permitted access, solely for you personal, non-commercial use in accordance with this Agreement. Trademarks, service marks and logos owned by third parties remain the exclusive property of such third parties. You may not delete any attributions, legal or proprietary notices on the Website or in the Site Content. Title, ownership rights and intellectual property rights in and to the Website and the Services, including any software, shall remain vested in us, or in our suppliers and licensors as applicable. Except as expressly set forth herein, no other interest in or right to the Website and/or the Service is granted to you, whether by implication or otherwise.

Disclaimer of Warranties

You agree to use the website, CafeConnect.com at your own risk. This Agreement does not grant you any guarantee of the outcome of the Services nor does it warrant that you will successfully meet other singles.

We assume no liability with respect to your use of CafeConnect or for your interaction with members that you may meet through the Website. You acknowledge that the services provided by CafeConnect are provided as they become available and there is no warranty that you will find a suitable partner through your membership in CafeConnect. You assume full responsibility and risk of loss of datA, information, or messages. We can not guarantee the security of information that is transmitted over the internet. You should use caution in communicating confidential information through the website, CafeConnect. You assume all risks in using CafeConnect and its services and acknowledge the assumption of all inherent risks involved in meeting strangers. We do not warrant that CafeConnect will meet your expectations or achieve the intended purposes. We do not warrant that the website is virus free, secure, or error free. We do not warrant the quality of the products, service, or third party information that is transmitted through CafeConnect.

We disclaim all warranties of any kind, whether express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, compatability, security, or accuracy.

In the event a court of competent jurisdiction does not allow the exclusion of implied warranties, any implied warranties under this Agreement will be limited to 90 days duration.

LIMITATION OF LIABILITY

REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, YOU AGREE THAT (1) IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF ANY USE OR INABILITY TO USE THE WEBSITE OR SERVICES, AND (2) IN NO EVENT WILL CAFECONNECT.COM’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNTS YOU HAVE PAID TO US DURING THE TERM OF YOUR MEMBERSHIP IN THE SERVICES. YOU ACKNOWLEDGE THAT IF NO FEES HAVE BEEN PAID TO US BY YOU FOR THE SERVICES, CAFECONNECT.COM HAS NO LIABILITY TO YOU FOR ANY CAUSE ARISING UNDER THIS AGREEMENT.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CafeConnect , its subsidiaries and affiliates, and each of the assignees, agents, suppliers, designers, programmers, directors, officers, shareholders and employees from any and all liabilities, loss, claims, expenses and damages, (including attorneys fees ) arising in any way or relating to your use of the Website or Services, your violation of the Agreement, or any law or rights of a third party, your user content you post on the Website, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service and infringement of intellectual property or other proprietary rights.

Notices

You may contact us by writing or emailing us as follows:

Café Connect, LLC
PO Box 8415
Minneapolis, MN 55408

Governing Law

This Agreement is to be governed exclusively by Minnesota law, without applying its conflict of law provisions. By becoming a member you consent to the exercise of jurisdiction of Hennepin County, Minnesota for any and all disputes arising out of this Agreement or relating in any way to the website, CafeConnect, and its services.

Miscellaneous

The section titles are displayed for convenience only and have no legal effect. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of CafeConnect or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The following PRECAUTIONS are incorporated into the Agreement.

While online dating can lead to off-line friendships, you could be exposing yourself to a risk of physical harm. We advise you to be careful in your dealings with those you meet or correspond with through the Services. We cannot screen these individuals so we advise you not to proceed unless you are willing to assume all risks associated with meeting "strangers". You certainly need to proceed with caution. You would not give a stranger on the street your name, address or telephone number, so don't do it online. Protect yourself with the following common-sense guidelines.

Remain Anonymous

Don't give anyone your personal information including email address, phone number, address or place of work during early correspondence. Stop communicating with anyone who tries to pressure you into giving this information. Check with your Internet Service Provider ("ISP") and make sure that your account profile with the ISP does not give out more personal information than you are comfortable with. For added security you may also use email redirection services such as Bigfoot, Hotmail, MailZone, NetAddress, Netforward, etc.

Trust your Intuition

If you don't want to respond to someone, don't. It is often simply kinder not to respond to someone you immediately know is not your type. If you suspect someone is trying to lie to you, you are probably correct. Don't waste time trying to elicit the truth from them. Accept that they are dishonest and not likely to change. Drop correspondence.

Meeting

Do not reply to mean-spirited and nasty messages. Don't allow yourself to be pressured into meeting anyone. If you choose to meet someone whose company you enjoy online, meet in a public place and bring your friends. Plan a short initial meeting in a public setting and allow yourself to leave if you don't feel comfortable. If you start feeling unsure or uncomfortable about your meeting or date, politely extricate yourself from the situation. Excuse yourself and leave by the back door if necessary. We have no mechanism to and do not prescreen individuals who respond or place dating profiles, personal advertisements or any other material "online" through the Services.

THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELATING TO USE OF THE WEBSITE AND THE SERVICES AND SUPERCEDES ANY PRIOR AGREEMENTS BETWEEN YOU AND USE REGARDING YOUR USE OF THE SERVICES OF CAFECONNECT.

This Agreement was last updated on: December 13, 2011.