Terms of Use

Last Revised: October 15, 2021

The following terms and conditions of this Terms of Use policy govern your use of this website and apply to your access to, and use of, Southwest Matchmakers, LLC website (the "Company"), www.southwestmatchmakers.com (the "Website"), including any content contained therein. By accessing or using the Website, you are acknowledging and accepting, and agree to be bound by, the terms and conditions described herein. These terms and conditions are subject to change or modification by the Company at any time and at our discretion without notice. You waive any right you may have to receive specific notice of such changes or modifications, and your continued use of the Website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms of Use each time you use the Website. If you do not agree with the terms and conditions of these Terms of Use, please do not use or access the Website.

Please read carefully and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.

1. Intellectual Property

You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Website is strictly prohibited without the express written permission of the Company. For information on requesting such permission, please contact us using the contact information listed in Section 6 herein.

2. Third-Party References / Hyperlinks

The Website may link you to other websites or web pages on the Internet that are not operated by the Company ("Third-Party Sites"). These Third-Party Sites may contain information or material that some people may find inappropriate or offensive. Third-Party Sites are not under the control of the Company, and you acknowledge that the Company is not responsible or liable for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion on the Website of a link to a Third-Party Site does not imply endorsement of such site by the Company or any association with its operators.

You agree to access and use any Third-Party Sites and the third-party content contained therein at your own risk. You acknowledge that a Third-Party Site may collect personal information about you, and any personal information you disclose or submit to a Third-Party Site will not be under control of the Company. The Company assumes no responsibility or liability for the privacy and information collection policies of third parties operating any Third-Party Site and we suggest contacting the providers of those sites directly for information on their privacy policies.

3. Customer Refund Policy

Our customer refund policy may vary based upon the specific terms of your particular offer. If you entered into an Agreement with us in relation to the provision of coaching or matchmaking services, the refund policy applicable to your situation will be set out therein.

4. Criminal Background Screenings

In connection with the criminal background screenings, we provide the following statements:

1. We exclude from participation as either a Member or database member all persons identified as having been convicted of: a felony offense; an offense the conviction or adjudication of which requires registration as a sex offender under Texas law (Chapter 62, Code of Criminal Procedure); or an offense for which an affirmative finding of family violence was made under Texas law (Article 42.013, Code of Criminal Procedure).
2. The number of years of criminal history included in a criminal background check is at least Seven years.
3. Although we strive to provide a safe environment, please be aware that criminal background checks are not foolproof; criminal background checks may give individuals a false sense of security; criminal background checks are not a perfect safety solution; criminals may circumvent even the most sophisticated search technology; not all criminal records are public in all states and not all databases are up to date; only publicly available convictions are included in the criminal background check; and the criminal background check does not cover other types of convictions than convictions for offenses set forth above or any convictions from foreign countries.

5. Ability to Accept Terms and Conditions

You affirm that you are either more than 21 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

In order to participate in certain areas of our Website, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify the Company if you discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

6. Privacy

Please read the Privacy Policy carefully to understand how the Company collects, uses and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms of Use.

7. Contacting Us

If you need to contact us, you can contact the Website administrator and the Company using the email form below. Messages will not be visible to other clients.

Thank you for contacting us. Your request will be processed.

8. Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS 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. THE COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY 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 WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE AMOUNT YOU PAID TO THE COMPANY FOR 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 EXTENT PERMITTED BY LAW.

10. Indemnification

Upon a request by the Company, you agree to defend, indemnify, and hold harmless the Company and its other affiliated companies, and their respective service providers, consultants, employees, contractors, officers, and directors, from all costs, damages, liabilities, claims, and expenses, including, without limitation, reasonable legal fees, arising out of or related to your use of the Website or the violation of these Terms of Use.

11. Severability and Integration

Unless otherwise specified herein, this agreement, together with the Privacy Policy associated with the Website, constitute the entire agreement between you and the Company with respect to the Website and supersede all prior or contemporaneous communications between you and the Company with respect to the Website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

12. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of New Mexico, USA.

13. Arbitration of Disputes

(a) The parties agree that, where allowed by applicable laws, any dispute or claim in law or equity arising between them regarding the use of this Website or these Terms of Use, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration. 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 ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF 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.

14. Class Action Waiver

ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE OR THESE TERMS OF USE MUST 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 CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

15. Attorneys' Fees

In any dispute, action, proceeding, or arbitration regarding the use of this website or these Terms of Use, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys' and experts' fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys' fees, costs and expenses upon appeal).