Introduction
By accessing or using PositivelyMatching services, you agree to be bound by these Terms and
Conditions and our Privacy and Cookie Policies. It is therefore important that you read this Agreement
carefully before you contact us. Additionally, we advise that you check this page regularly for updates
as we may update the Terms and Conditions from time to time.
Welcome to PositivelyMatching, a unique matchmaking service which offers HIV positive singles and
other singles living with a Sexually Transmitted Infection (STI) the opportunity to connect with other
positive singles.
Positively Matchmaking (hereinafter referred to as “PM”) is owned and operated by House of
the Clued. PM provides its services to you subject to Terms and Conditions highlighted below.
Any matchmaking services, coaching and/or activity enjoyed by you are subject to these Terms and
Conditions. By booking a private session, an event, or using PM’s matchmaking services on
www.posititivelymatching.com, you are entering into a legally binding contract based on these Terms
and Conditions which shall be accepted upon signature by the member and applies regardless of
registration or subscription status.
We reserve the right to modify, amend, or change the Terms and Conditions at any time. Notice of any
material change shall be posted on this page and will include an updated effective date. In certain
circumstances, we may notify you of a change to the Terms and Conditions via email or other means,
as appropriate under the circumstances. You are, nonetheless, responsible for regularly checking this
page for notice of any changes. We agree that future changes will not be retroactive without your
consent.
Your continued use of our Services constitutes your acceptance of any change, and you will be legally
bound by the updated Terms and Conditions. If you do not accept a change to the terms, you should
stop using our Services immediately.
No variation or alteration to these Terms and Conditions shall be valid unless approved in writing by a
Director of PM.
You agree to be bound by these Terms of Use (hereinafter referred to as “Agreement”) once you sign
up as a Member or Client of PositivelyMatching. If you do not wish to be bound by this Agreement, do
not use our Services.
1. DEFINITIONS
The following expressions shall have the following meanings:
1.1 “Agent” means PositivelyMatching of Lekki, Lagos, Nigeria.
1.2 “Client” means any person who purchases Services from the Agent.
1.3 “Registration Form” means the application form, completed by the Client in person or on the
website.
1.4 “Services” means the agency’s services as described in the Registration Form and on the Website.
1.5 “Website” means all pages composing the Agent’s website at www.positivelymatching.com.
1.6 “Privacy and Cookies Policy” means the policy adopted by the Agent governing the storage and use
of the Client’s personal data.
1.7 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this
document and any subsequent terms and conditions agreed in writing by the Agent.
1.8 “Agreement” means the contract between the Agent and the Client for the provision of the Services
incorporating these Terms and Conditions.
2. Eligibility.
2.1 Before you create an account with PM, you are required to confirm that you are eligible to use our
Services. This Section details what you can and cannot do when using the Services.
2.2 By joining, you represent and warrant that:
You are at least 18 years old;
You are single, widowed, divorced or legally separated;
You are legally qualified to enter a binding contract with PM;
You are living with HIV or any other sexually Transmitted Infection (STI);
Your personal information is true, accurate and complete;
You are not prohibited by law from using our Services;
You have never been convicted of a felony, are not a sex offender and are not required to register as a
sex offender with any government entity;
You do not have more than one account on our Services;
You have not previously been removed from our Services by us, unless you have our express written
permission to create a new account;
2.3 Your membership shall become void any time you cease to meet any of these requirements. We
will immediately delete your account and we retain the right to remove and ban you permanently. This
will not justify or result in a refund of any type.
3. Your rights and responsibilities
3.1 PM offers three different levels of membership to our face-to-face clients during their initial
consultation with the Agency.
Services for Face-to-face clients
3.2 Once you select a membership level and register, PM will begin to assess potential introductions
with a view to introducing you to other potential face-to-face clients we think may be suited to you.
3.3 You accept that the more limitations you impose on the type of person you would like to meet, the
fewer the introductions you may get. You also accept that PM cannot control whether another member
wishes to reply to any communication from you, nor the nature of any feedback they supply following a
date or online contact with a client.
3.4 You accept that PM does not guarantee any minimum number of introductions, that we endeavour
to estimate a number of introductions based upon the information you provide at the initial face-to-face
meeting. This number is intended as a guide only and under no circumstances will it constitute a
binding promise.
3.5 As a PM client, you undertake to abide by the actions below and understand that any breach
thereof may result in action being taken against you. Such action may include but is not limited to the
termination of membership at the Agent’s discretion without any offer of refund.
3.6 You agree to:
Comply with these Terms and Conditions, and to check this page from time to time to ensure you are
aware of any change;
Comply with all applicable laws, including and not limited to privacy laws, intellectual property laws,
anti-spam laws, and regulatory requirements;
((iv) Present yourself respectfully and authentically by adding, at least, providing us with one photo that
shows your face.
(v)Treat other users in a respectful and courteous manner, both on and off our Services and to be
respectful when communicating with our customer care representatives or PM employees;
3.7 As a PM client, you agree not to:
(i) Misrepresent your age, identity, previous or current positions, qualifications, or affiliations with a
person or entity;
(ii) Impersonate another person;
(iii) Solicit money or other items of value from another member, whether as a gift, loan, or form of
compensation;
(iv) Use another member’s account;
(v) Not to supply PM with any photograph or other material the rights to which are owned by any third
party unless you have their written permission for such photograph or other material to be used for this
purpose.
(vi) Harass, stalk, bully, intimidate, harm, assault, defame, or otherwise mistreat any person;
(vii) fail to reveal important information about yourself, which could impact or affect your programme
and our members, including mental state, criminal offences and drug and alcohol misuse;
(viii) Solicit personal identifying information for commercial or unlawful purposes from other users or
disseminate another person’s personal information without his or her permission;
(ix)Harass or cause a nuisance, inconvenience or anxiety to any other member, any employee or
contractor of PM, or contact them following a request not to do so;
(x) Violate the privacy or other rights of any employee, contractor or other PM member, including but
not limited to forwarding, distributing or displaying emails, personal data or photographs of another
member to any third party;
(xi) Act in an abusive, threatening, harassing, obscene, libellous, offensive, sexist, racist or
discriminatory manner towards any employee or other PM member;
(xii) Do anything which restricts or inhibits anyone else’s use and enjoyment of the services;
(xiii) Promote or appear to be promoting your own products or services to any other PM member;
(xiiii) Do anything that deliberately or recklessly prejudices the reputation of PM or any companies
associated with PM.
(xv) Refuse to communicate or co-operate with your key matchmaker or any other PM employee or
contractor with whom you have agreed to work as part of your programme.
3.8 As a PM Client, you agree not to use the Services:
(i) In a way that damages the Services or prevents their use by other members or interferes with,
disrupts or negatively affects the platform, servers, or our Services’ networks;
(ii) For any harmful, illegal, or nefarious purpose or for fraud, a pyramid scheme, or other similar
practice; or to
(iii) “Frame” or “mirror” any part of PM Services without prior written authorization;
(iv) Violate the terms of the license granted to you by PM (see Section 7 below);
(v) Disclose private or proprietary information that you do not have the right to disclose;
(vi) compromise the security of our Services in any way;
(vii) Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise
disassemble any portion of our Services, or cause others to do so;
(viii) Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our
Content, or any copyrighted material, images, trademarks, trade names, service marks, or other
intellectual property, content or proprietary information accessible through our Services without PM’s
prior written consent;
(ix) Express or imply that any statements that you make are endorsed by PM;
(x)Forge headers or otherwise manipulate identifiers to disguise the origin of any information
transmitted to or through our Services;
(xi) Use code or meta tags or other devices containing any reference to PM or the platform (or any
trademark, trade name, service mark, logo or slogan of PM) to direct any person to any other website
for any purpose;
(xii) Use or develop any third-party applications that interact with our Services or Member Content or
information without our written consent;
(xiv) Use, access, or publish the PM application programming interface without PM’s written consent;
(xv) Probe, scan or test the vulnerability of PM’s Services or any system or network;
(xvi) Encourage, promote, or agree to engage in any activity that violates these Terms.
(
3.9 Should you become aware of any member breaking any of these rules, please contact PM.
3.10 You accept that PM cannot be held responsible for Client’s interaction with or for the conduct or
actions of any user. PM does not carry out police or background checks of its users and makes no
representations about the marital status or mental state of any user.
3.11 You are advised to always take sensible precautions before and during interactions, particularly if
arranging to meet another user (these could include meeting in a public place, telling someone where
you are going, and not giving out personal information until you are comfortable doing so).
3.12 In that regard, as a PM client, you shall accept that:
(i) It is not the responsibility of PM to resolve disagreements that may occur between PM members. The
agency cannot be held responsible for the behaviour and well-being of members.
(ii) PM and its personnel will not be responsible for the behaviour or conduct of its clients during outings
nor can they be held liable for any injuries, damages, loss or claims of any kind.
(iii) It is your responsibility to ensure that your behaviour and conduct during dates or outings do not
cause any nuisance, damage, or injury to other PM members.
4. CONTENT
4.1 It is important that you understand your rights and responsibilities regarding the content relating to
our Services and any content you provide.
4.2 Prohibited Content—PM prohibits the sharing content that:
(i)Relates to commercial activities (including, but not limited to sales, competitions, promotions, and
advertising, solicitation for services;
(ii) Infringes upon any third party’s rights (including but not limited to intellectual property rights and
privacy rights);
(iii) Was not written by you or automatically generated, unless expressly authorized by PM;
(iv) Includes the image or likeness of another person without that person’s consent (or in the case of a
minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the
minor’s parent or guardian;
(v) Is inconsistent with the intended use of the Services; or
(vii) May harm the reputation of PM or its affiliates.
4.3 Any sharing of content which violates these terms (“Prohibited Content”) may result in the
immediate suspension or termination of your account. This will not justify or result in a refund of any
type.
4.4 While using our Services, you will have access to:
(i) content that you provide while using our Services (“Your Content”);
(ii) content that other users or provide while using our Services (“Member Content”); and
(iii) content that PM provides on and through our Services (“Our Content”).
4.5 In this Agreement, “content” includes and, is not limited to, all text, images, video, audio, or other
material on our Services, including information on users’ profiles and in direct messages between
users.
4.6 YOUR CONTENT
(i)You are responsible for Your Content. Do not share anything that you would not want others to see,
that would violate this Agreement, or that may expose you or us to legal liability.
(ii)You are solely responsible and liable for Your Content, and, therefore, you agree to defend, release,
indemnify, and hold us harmless from any claims made in connection with Your Content.
(iii) You represent and warrant to us that the information you provide to us is accurate and true,
including any information submitted through Facebook or other third-party sources (if applicable), and
that you will update your account information as and when necessary to ensure its accuracy.
(iv)The content included on your individual profile should be relevant to the intended use of our
Services. You may not share any personal contact or banking information, belonging to you or any
other person (for example, names, home addresses or postcodes, telephone numbers, email
addresses, URLs, debit/credit card or other banking details). If you choose to reveal any personal
information about yourself to other users, you do so at your own risk. We encourage you to use caution
in disclosing any personal information online.
By sharing about yourself, you represent and warrant to us that you have all necessary rights and
licenses to do so and automatically grant us a license to use Your Content as provided under Section
5.7 below.
(viii) You understand and agree that we may monitor or review Your Content. We have the right to
delete, remove, edit, limit, block or prevent access to any of Your Content at any time at our sole
discretion. Furthermore, you agree that we have no obligation to display or review Your Content.
4.7 MEMBER CONTENT
(i)Though you will have access to Member Content, it is not yours and you may not copy or use
Member Content for any purpose except as contemplated by these Terms and Conditions.
(ii) Other users will also share content on our Services. Member Content belongs to the user who
provided the content and is stored on our servers and displayed at the direction of that user.
(iii) You do not have any rights in relation to Member Content, and may only use Member Content to
the extent that your use is consistent with our Services’ purpose of allowing us to communicate with
and meet one another.
(iv)You may not copy the Member Content or use Member Content for commercial purposes, to harass,
spam, or to make unlawful threats. Should you misuse Member Content, we reserve the right to
terminate your account.
4.8 OUR CONTENT
(i) PM owns all other content on our Services.
(ii) Any other content, text, graphics, user interfaces, logos, trademarks, sounds, artwork, images, and
other intellectual property appearing on our Services is owned, licensed or controlled by us and
protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest
in and to Our Content remains with us at all times.
(iii) You are granted a limited license to access and use Our Content as provided under Section 8
below, and we reserve all other rights.
INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
4.9 PM does not tolerate inappropriate content or behaviour on our Services. We are committed to
maintaining a positive and respectful community; we do not tolerate any inappropriate content or
misconduct, whether on or off the Services. We encourage you to report any inappropriate Member
Content or misconduct by other users. You can report a user directly by sending an email to PM
Customer Service at info@positivelymatching.com.
5 PENALTIES
5.1 PM does not tolerate objectionable content (deceptive, misleading, false, infringing upon any
applicable law, impersonating others, fraudulent, libellous) or abusive users. Once an abusive content
is discovered or reported, the defaulting user is immediately ejected from our community.
6. Our Rights and Responsibilities
6.1 PM takes your privacy seriously and will process and protect your personal information in
accordance with Data Protection legislation. See our Privacy Policy for full details. For example, we will:
6.2 never share your personal information with anyone unless you give us permission to do so;
6.3 take care of your personal information and use appropriate security measures to protect it.
6.4 You agree to let us know of any changes to your personal information as soon as possible.
6.5 We reserve the right to refuse any application for membership or to terminate membership without
notice or refund at any time and at our sole discretion. We shall not be liable to you for any such
termination.
6.6 All materials provided to you by PM, and any intellectual property belonging to or associated with
our company and/or services, including any website, trade mark or trade name, logo, software, text and
graphics are the sole property of PM and you agree that you will not infringe any such rights in any way.
6.7 You may not download, modify, display, copy (including but not limited to making derivative works
based on such material) or print any such material or any of the content that we provide to you, except
for your own personal non-commercial use.
7. RIGHTS YOU ARE GRANTED BY PM
7.1 PM grants you the right to use and enjoy our Services, subject to these Terms and Conditions.
For as long as you comply with these Terms and Conditions, PM grants you a personal, worldwide,
royalty-free, non-assignable, non-exclusive, revocable, and non-sub licensable license to access and
use our Services for purposes as intended by PM and permitted by these Terms and applicable laws.
8. RIGHTS YOU GRANT PM
8.1 You own all the content you provide to PM but also grant us the right to use Your Content as
provided in this Agreement.
8.2 By creating an account, you grant PM a worldwide, perpetual, transferable, sub-licensable, royalty-
free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate,
modify, and distribute Your Content, including any information you authorize us to access from
Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium
currently known or developed in the future. PM’s license to Your Content shall be non-exclusive, except
that PM license shall be exclusive with respect to derivative works created through use of our Services.
For example, PM would have an exclusive license to screenshots of our Services that include Your
Content.
8.3 In addition, so that PM can prevent the use of Your Content outside of our Services, you authorize
PM to act on your behalf with respect to infringing uses of Your Content taken from our Services by
other users or third parties. This expressly includes the authority, but not the obligation, to send notices
pursuant to relevant sections of the Copyright Act Cap 68 LFN 1990 on your behalf if Your Content is
taken and used by third parties outside of our Services. PM is not obligated to take any action regarding
the use of Your Content by other users or third parties. PM license to Your Content is subject to your
rights under applicable law (for example, laws regarding personal data protection to the extent the
content contains personal information as defined by those laws).
8.4 In consideration for PM allowing you to use our Services, you agree that we, our affiliates, and our
third-party partners may place advertising on our Services. By submitting suggestions or feedback to
PM regarding our Services, you agree that PM may use and share such feedback for any purpose
without compensating you.
8.5 You agree that PM may access, preserve, and disclose your account information, including Your
Content, if required to do so by law or upon a good faith belief that such access, preservation, or
disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce these Terms;
(iii) respond to claims that any content violates the rights of third parties;
(iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety
of the Company or any other person.
9. PRIVACY
Privacy is important to us. We have a separate Privacy Policy which you should read. It contains
information about how PM collects, uses, and shares your personal data. By using our Services, you
agree that we may use your personal data in accordance with our Privacy Policy.
10. Pricing and Payment:
10.1 Our registration fee, pricing for our various membership levels and terms of payment are specified
on our application form and website.
10.2 Membership commences after payment, completion and signing of our registration form.
10.3 Non-payment of renewal fee may result in the termination of membership.
10.4 The client must inform PM at least 48 hours prior to a session if they need to postpone or
cancel, otherwise PM are not obliged to reschedule.
11. REFUNDS
All purchases are non-refundable.
Generally, all purchases are final and non-refundable, and there are no refunds or credits for partially
used periods.
12. ACCOUNT TERMINATION
12.1 If you no longer wish to use our Services, or if we terminate your account for any reason, here is
what you need to know.
12. 2 You can delete your account at any time by logging into, going to the “Settings” and following the
instructions to terminate your membership. However, you must remember to cancel/manage any
External Service Purchases through your External Service Account to avoid additional billing.
12.3 PM reserves the right to investigate and, if appropriate, suspend or terminate your account without
a refund if you violate our Terms and Conditions, misuse our Services, or behave in a way we deem
inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal,
technological, legal, or other means available to enforce our Terms and Conditions, at any time without
liability and without the obligation to give you prior notice, including, but not limited to, preventing you
from accessing the Services.
12. 4 If your account is terminated by you or by PM for any reason, these Terms and Conditions
continue and remain enforceable between you and PM and you will not be entitled to any refund for
purchases made. Your information will be maintained and deleted in accordance with our Privacy
Policy.
13. Background checks
NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
13. 1 PM does not conduct criminal background or identity verification checks on its users. Use your
best judgment when interacting with others.
YOU UNDERSTAND THAT PM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND
CHECKS ON ITS MEMBERS.
PM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR
ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS.
PM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR
THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS.
PM 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 PM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT,
INDIRECT, SPECIAL, GENERAL, CONSEQUENTIAL, COMPENSATORY AND/OR INCIDENTAL,
ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN
CONNECTION WITH THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO BODILY
INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM
COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS AND/OR CLIENTS OR PERSONS
YOU MEET THROUGH PM.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER
MEMBERS AND/OR CLIENTS, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON.
YOU UNDERSTAND THAT PM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED,
REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH PM.
YOU SHOULD NEVER PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR BANK
CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS AND/OR CLIENTS.
14. Limitation of Liability:
14.1 Your use of our services is at your sole risk. PM does not accept any liability for any loss, damage,
claim or expense, whether direct or indirect and howsoever caused, arising out of your membership
and/or your use of the service or your reliance on advice or information provided by us. All warranties in
respect of the service and/or such information, whether express or implied, are excluded. We are not
responsible for any loss or damage incurred by you as a result of any action or decision you take based
on advice or information we provide. Notwithstanding the foregoing, any liability of PM to you for any
and all causes of action will be limited to the amount paid by you in respect of PM’s services.
14.2 We endeavour to ensure that the information provided on our website is accurate and current.
However, we cannot guarantee the accuracy of such information nor accept responsibility for any
adverse consequences resulting from your reliance upon it.
15 Links.
The Service may provide, or third parties may provide, links to other internet sites or resources. PM has
no control over such sites and resources, you acknowledge and agree that PM is not responsible for
the availability of such external sites or resources, and does not endorse and is not responsible or liable
for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that PM shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance
upon, any such content, goods or services available on or through any such site or resource. You
access such websites at your own risk.
16. Disclaimer
16.1 In addition to the preceding paragraph and other provisions of this Agreement, any advice that
may be posted on the Website is for informational and entertainment purposes only and is not intended
to replace or substitute for any professional financial, medical, legal, or other advice. PM 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 within or through the
website. 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.
17. No waiver
Any failure by PM to enforce any provision of these terms and conditions at any time shall not be
construed as a waiver of such provision and shall not affect the right of PM to enforce such provision.
18. Severability:
If any provision in these Terms and Conditions is deemed to be illegal, unenforceable or invalid for any
reason, it shall be deemed to have been struck out and the remaining provisions shall survive and
continue to be binding and enforceable.
19. GOVERNING LAW
This Agreement and the relationship of the parties in connection with the subject-matter of this
Agreement shall be governed and determined by the Lagos Court of Arbitration (LCA).
20 Arbitration Agreement.
20.1 In the unlikely event that we have a legal dispute, here is what you need to know.
20.2 If you are dissatisfied with our Services for any reason, please contact PM Customer Service first
so that we can try to resolve your concerns without the need of outside assistance. If you choose to
pursue a claim against PM these terms will apply.
20. 3 The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement
(including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION
administered under Arbitration and Conciliation Act Chapter A18, LFN 2004.
20.4 By using the services in any manner, 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 PM.
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.
21. Court Proceedings
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 PM
(except for small-claims court actions) may be commenced only in Lagos, Nigeria. You hereby
irrevocably consent to the jurisdiction of those courts for such purposes.
22. Indemnity by You.
You agree to indemnify and hold PM 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 the 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.
23. Right of Third Parties
In no event will PM 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 services,
even if PM has been advised of the possibility of such damages. Notwithstanding anything to the
contrary contained herein, PM 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 PM for the services during the
term of a Client Services Agreement.
24. Amendments
This Agreement contains the entire agreement between you and PM regarding the use of its services. If
any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full
force and effect. This Agreement is subject to change by PM at any time. The revised terms will be
effective upon posting on the PM website and your use of the Service after such posting will constitute
acceptance by you of the revised Agreement. Please Contact Us with any questions regarding this
agreement. PM are trademarks of House of the Clued.
25.Terms of this Agreement.
25.1 BY USING OUR SERVICES, YOU CERTIFY THAT YOU HAVE READ THIS AGREEMENT AND
AGREE TO ALL OF THE PROVISIONS CONTAINED therein.
25. 2 You accept to be bound by
(i) these Terms, which we may amend from time to time,
(ii) our Privacy Policy and cookie Policy, and
(iii) any Additional Terms Upon Purchase.
25. 3 If you do not accept and agree to be bound by all of the terms of this Agreement, please do not
use our Services.
25.4 The section headings and summaries contained herein are inserted for convenience only and shall
not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof
shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the
entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed
to have the same meaning.
26. DISCLAIMER
26.1 PM’s Services are provided “as is”; we do not and cannot make any representations about the
content or features of our Services.
26.2 PM provides its services on an “as is” and “as available” basis and to the extent permitted by
applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with
respect to its services (including all content contained therein),including without limitation, any implied
warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.
26.3 PM does not represent or warrant that
(i) Our services will be uninterrupted, secure, error free,
(ii) any defects or errors in our services will be corrected, or
(iii) any content or information you obtain on or through our services will be accurate.
26. 4 Furthermore, PM makes no guarantees as to the number of active users at any time; users’ ability
or desire to communicate with or meet you, or the ultimate compatibility with or conduct by users you
meet through the services.
26. 5 PM takes no responsibility for any content that you or another user or third party posts, sends, or
receives through our services nor takes any responsibility for the identity, intentions, legitimacy, or
veracity of any users with whom you may communication through PM any material downloaded or
otherwise obtained through the use of our services is accessed at your own discretion and risk.
26.6 PM is not responsible for any damage to your computer hardware, computer software, or other
equipment or technology including, but not limited to damage from any security breach or from any
virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission,
computer line or network failure, or any other technical or other malfunction.
27. This Agreement shall commence on the date written in the signature block.