Terms and Conditions

BARMATCH MOBILE APPLICATION END USER LICENSE AND TERMS OF SERVICE AGREEMENT

Please read this end user software license and terms of service agreement carefully before downloading or using the BarMatch Mobile Application (“BarMatch”, “we”, or “us”) and/or related website (www.barmatch.com). By downloading or using the BarMatch application and/or website in any way, you are entering into and agreeing to be bound by this agreement (“Terms of Service” and “Privacy Policy”).

If you do NOT agree to the terms of service, do not download, create an account, or use BarMatch in any way.

General Agreement. The BarMatch application is licensed, not sold, to you by BarMatch Inc., for use strictly in accordance with the terms and conditions of this license and any usage rules established by any other third party, such as Apple Inc., or Google Inc, and any such other vendors that are incorporated herein by this reference. The term “Application” or “BarMatch” shall refer to and consist of the following:

a. The mobile software application accompanying this license, including, without limitation any software code, scripts, interfaces, graphics, displays, text, documentation and other components.

b. Any updates, modifications, or enhancements to the items listed in section above (a).

c. Any specific website the application directs you to via any browser located on an Android or iPhone mobile device.

1. People Allowed to Use BarMatch Application .

You must be at least 21 years old to use BarMatch. Use is void where prohibited. By using BarMatch, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use BarMatch, you represent and warrant that you :

a have never been convicted of, entered a plea of no contest, or plead guilty to:

i a felony;

ii any criminal offense involving a sexual component;

iii any offense for Menacing by Stalking as defined in Ohio Revised Code §2903.211;

iv any hate crime; or

v. any other criminal offense under the law of another state, or the United States, that is substantially equivalent to those offenses as defined by Ohio law in subsections i-iv, above; and

b are not and have never been required to register as a sex offender in any jurisdiction.

2. License Grant and Restrictions of Use

BarMatch, Inc. grants you a revocable, non-exclusive, non-transferable, limited right to install and use BarMatch on a single mobile device owned and controlled by You, and to access and use BarMatch on such mobile device in strict accordance with the terms and conditions of this license, the usage rules, and any service agreement associated with your mobile device. This license to access and use BarMatch is for your own personal, non-commercial, purposes. This license is unique to you and may not be assigned, transferred or sublicensed to anyone else.

Except as expressly permitted by BarMatch, Inc., in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble BarMatch. Nor will you take any measures to interfere with or damage BarMatch. All rights not expressly granted by BarMatch, Inc. are reserved.

3. Privacy.

Your privacy rights are set forth in our Privacy Policy (Privacy Policy), which forms a part of this Agreement. Please review the Privacy Policy to learn about:

§ What information we may collect about you

§ What we use that information for

§ What third-party information, if any, you are agreeing to share by using BarMatch

§ With whom we share that information

§ What Information we will not share

§ Children’s Privacy

§ Non-United States Users

4. Registration

To use BarMatch, you may register an account through your Facebook login or by creating your own BarMatch account. If you register through Facebook, you are authorizing us to access certain information in your Facebook account, including, but not limited to: profile picture, birthday, gender, contact details, interests, information about Facebook friends you might share in common with other BarMatch users, etc. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name, age, and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other BarMatch users in your network or Geo-location. Please take precautions to protect your password and contact us at [email protected] if you believe your account has been accessed by an unauthorized person.

If you create a BarMatch account, you are confirming that it is you who is creating this account. You are agreeing you will not create a misleading, fraudulent, or corporate inspired account. You are also agreeing the images and information you provide will be an accurate depiction of who you are.

5. Term and Termination; Account Deletion

This Agreement begins on the date you first use BarMatch and continues until terminated in accordance with the provisions hereof.

BarMatch, Inc. may suspend, disable, or delete your account (or any part thereof) if BarMatch, Inc. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage BarMatch, Inc.’s reputation or goodwill. If BarMatch, Inc. deletes your account for the foregoing reasons, you may not re-register under a different name or email address.

If you want to permanently delete your account please email [email protected] and you will be removed from the system.

Upon termination, all licenses granted by BarMatch, Inc. terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. BarMatch, Inc. shall not be responsible for the loss of such content.

6. Use of User ID/Password:

A. If you register and/or set up a BarMatch account on the App, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any mobile or other device on which your account resides or is accessible. DO NOT ALLOW OTHERS TO USE YOUR ACCOUNT.

C. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the App), you must promptly change the affected Registration Information by using the appropriate update mechanism on the App, if available, close the account and notify our Privacy Policy Coordinator as described in the "Privacy Policy." Also notify [email protected] through email or certified mail as mentioned below.

7. Fees and Payments (subscriptions and electronic goods)

A. BarMatch Inc. and/or third parties may charge you non-refundable fees for products or services offered for sale through the App or Website and/or for access to portions of the App, Website, or the App as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the App or Website by BarMatch Inc. and/or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). BarMatch Inc. reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.

B. If you agree to an App Store purchase (Apple App Store, Google Play, etc.), OR submit your credit, debit or charge card information to BarMatch Inc. upon registration or otherwise, you give BarMatch Inc. permission to charge all Fees incurred through your account to the credit, debit, charge card, or App Store account you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your perspective App Store account, credit, debit or charge card or your payment is returned to BarMatch Inc. for any reason, including charge back, BarMatch Inc. reserves the right to either suspend or terminate your account and all its obligations under this Agreement. BarMatch Inc. does NOT provide refunds for goods purchased within the application or website.

C. Neither BarMatch Inc. nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold on or through the App. Transactions for any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of BarMatch Inc. or its third party service providers. This Agreement disclaims any warranty of merchantability, fitness, and/or any other warranty. You agree that BarMatch Inc. and its third party service providers are not responsible, and shall incur no liability to you, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through the App or Website, including illegal, offensive or illicit items, even items that violate this Agreement.

Any billing issues should be directed to the following address:

BarMatch Inc. Finance Dept.
2652 Falmouth Rd.
Ottawa Hills, OH, 43615
(812)-345-3984

8. Comments OR Chats by others are not endorsed by BarMatch Inc.

BarMatch Inc. does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted by anyone other than BarMatch on forums, blogs or otherwise contained in the App. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of BarMatch Inc. or its third party service providers. You agree that BarMatch Inc. and its third party service providers are not responsible, and shall have no liability to you or others, with respect to any information or materials posted by yourself or others, including defamatory, offensive or illicit material, even material that violates this Agreement.

BarMatch Inc. may store conversations between users or comments made by users for an indefinite amount of time to better enhance the user experience. BarMatch Inc. may also purge these conversations or comments at any time, without notice, to cut down on data usage and enhance the user experience. This may be done at BarMatch Inc.’s discretion without notification to the user.

9. Use of Material Supplied by You

Except as expressly provided otherwise in this Agreement, you agree that by posting messages or comments, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the App, you grant us a royalty-free, perpetual, nonexclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity, likeness, and/or information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the App (if any) will be available to all users of the App, so you should be mindful of personal information and other content you may wish to post, as you do so at your own discretion and liability.

10. Auctions, Specials, Discounts and Giveaways

BarMatch Inc. may at times offer giveaways, discounts, or contests on the App; should BarMatch Inc. do so, BarMatch Inc. may use third-party service provider(s) to administer the giveaways, discounts, or contests. If so, you must agree to such third party's user agreements, contracts and rules pertaining to the use of its service. Neither BarMatch Inc. nor its giveaway and contest service provider(s) have any control or assume responsibility for the quality, safety or legality of the items advertised. If we offer auctions on the App, we merely provide a venue to bring buyers and sellers together. If you participate in auctions on the App, please note that BarMatch Inc. may not participate and does not have any control over or assume any responsibility or liability for the quality, safety or legality of the items advertised by venue owners (i.e. nightly specials, venue entertainment, etc.), the truth or accuracy of the listings, the ability of sellers to sell items, or the functionality of the auction, discount, or giveaway services.

11. Disclaimers; Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER BARMATCH USERS AND COMMENTS YOU POST TO THE PUBLIC MESSAGE BOARDS. YOU UNDERSTAND THAT BARMATCH, INC. CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND OR SEX OFFENDER CHECKS ON ITS USERS. BARMATCH, INC. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. BARMATCH, INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. BARMATCH, INC. 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 BARMATCH, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE (AS IN THIRD PARTIES, OTHER USERS, YOUR FRIENDS, ETC.) IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, SEXUAL CRIMES AND/OR DEVIANCE, STALKING, HARASSMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR PHYSICAL MEETINGS WITH OTHER USERS OF THE BARMATCH SERVICE OR PERSONS YOU MEET THROUGH BARMATCH. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OR APPROACH OFFLINE IN PERSON. YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR THE ACTIONS YOU TAKE BOTH ONLINE AND OFFLINE.

§ IF YOU USE BARMATCH TO MEET OTHER PEOPLE OFFLINE, YOU AGREE THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY CONNECTIONS YOU CREATE BETWEEN A REGISTERED BARMATCH USER AND NON-REGISTERED USER OF THE BARMATCH APPLICATION. AS IN, YOU ARE SOLELY LIABLE FOR ANY ISSUES OR DAMAGES ARISING BECAUSE AN AQUAINTANCE OF YOURS, WHO IS NOT A REGISTERED BARMATCH USER, INTERACTS IN ANY WAY WITH A REGISTERED USER OF BARMATCH DUE TO YOUR USE OF BARMATCH. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY BARMATCH, INC. IF THIS SITUATION EVER ARISES.

§ IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

§ BarMatch, Inc. reserves the right to modify BarMatch. You are responsible for providing your own access to BarMatch. BarMatch, Inc. has no obligation to screen or monitor any content and does not guarantee that any content available on BarMatch complies with this Agreement or is suitable for all users.

§ BarMatch, Inc. provides BarMatch on an “as is” and “as available” basis. You therefore use BarMatch at your own risk. BarMatch, Inc. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, BarMatch, Inc. makes no representations or warranties:

1. That BarMatch will be permitted in your jurisdiction;

2. That BarMatch will be uninterrupted or error-free;

3. Concerning any content submitted by any user;

4. Concerning any third party’s use of content that you submit;

5. Concerning actions by other BarMatch users offline;

6. That any content you submit will be made available on BarMatch or will be stored by BarMatch, Inc.;

7. That BarMatch, Inc. will continue to support any particular feature of BarMatch;

8. Concerning sites and resources outside of BarMatch, even if linked to from BarMatch.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first use BarMatch, and no warranties shall apply after such period.

12. Code of Conduct; Prohibited Activities

In using BarMatch, you must behave in a civil and respectful manner at all times. Further, you will not:

· Harass or stalk any other person;

  • Harm or exploit minors;

· Act in a deceptive manner by, among other things, impersonating any person;

  • Commit any illegal acts;

· Create an account to purposively commit a crime based on another users sexual orientation, relationship status, or past sexual history;

· Collect information about others for commercial purposes

· Send excessive invites to other users, as means of harassing them;

· Create multiple accounts in an effort to harass other users through invites or chats;

· Purposefully misrepresent why you are blocking another user, so as to create a negative response by BarMatch against that said user;

· Blackmail or extort other users based upon interactions;

· Fraudulently seek financial gain from other users;

· Express or imply that any statements you make are endorsed by BarMatch, Inc. without our specific prior written consent;

· Distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

· Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

· Interfere with or disrupt the services or the site or the servers or networks connected to the services or the site;

· Post, email or otherwise transmit 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; and/or

· Post libelous, slanderous, or other malicious comments regarding other users or venues found on BarMatch Inc.

BarMatch, Inc. has the right, but not the obligation, to monitor all conduct on and content submitted to BarMatch, as well as remove any user from the system at will.

13. Content Restrictions

You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to BarMatch, Inc. or to any other user. If information provided to BarMatch, Inc., or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”); Content that:

· is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

· harasses or advocates harassment of another person;

· promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

· provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

· contains sexually explicit content;

· provides instructional information about illegal activities such as making or buying illegal weapons, committing terrorist acts, violating someone's privacy, or providing or creating computer viruses;

· involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

· promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

· solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

· solicits bank account or financial information from other users

· engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or

· infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.).

Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.

14. Licenses Granted by You

You grant BarMatch, Inc. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of BarMatch permission to view your content for their personal, non-commercial purposes. If you make suggestions to BarMatch, Inc. on improving or adding new features to BarMatch, BarMatch, Inc. shall have the right to use your suggestions without any compensation to you.

15. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to BarMatch, Inc. and grant the licenses set forth above; (ii) BarMatch, Inc. will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

If you do not have permission or licenses for said content, then you are held strictly liable for whatever third party claims made against you. The liability falls on you for submitting the content.

16. Indemnification

You will indemnify, defend, and hold harmless BarMatch, Inc. and its third party vendors, affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on BarMatch, both Online and Offline; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to BarMatch violates any law or infringes any third party right, including any intellectual property or privacy right.

17. Third Party Copyrights and Other Rights

BarMatch, Inc. respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to BarMatch do not infringe any third party copyright.

BarMatch, Inc. will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, BarMatch, Inc. may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

DMCA Takedown Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

· Your name, address, telephone number, and email address (if any).

· A description of the copyrighted work that you claim has been infringed.

· A description of where the material that you claim is infringing is located on BarMatch, sufficient for BarMatch, Inc. to locate the material.

· A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

· A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf.

· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

You may submit this information via:

· Email: [email protected]

· Offline: BarMatch Inc.’s Copyright Agent (see below)

DMCA Counter-notification

If you believe that your material has been removed by mistake or misidentification, please provide BarMatch, Inc. with a written counter-notification containing the following information:

· Your name, address, and telephone number.

· A description of the material that was removed and the location where it previously appeared.

· A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

· A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which BarMatch, Inc. may be found (which includes the United States District Court for the State of Ohio), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.

· Your electronic or physical signature.

You may submit this information via:

· Email: [email protected]

· Offline: BarMatch, Inc.’s Copyright Agent (see below)

Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.

Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.

In addition, please make sure that all of the information you provide is accurate. UNDER 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see 17 U.S.C. § 512(g)(3), for more information.

BarMatch, Inc.’s Copyright Agent

You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to BarMatch, Inc.’s Copyright Agent:

BarMatch, Inc.
2652 Falmouth Rd.
Ottawa Hills, OH, 43615
Department – Copyright Agent

OR
Email: [email protected]

Other Complaints

You may send non-copyright complaints to:

BarMatch, Inc.
2652 Falmouth Rd
Ottawa Hills, OH, 43615
Department – Copyright Agent

OR

Email: [email protected]

18. General Provisions

GOVERNING LAW (JURISDICTION): BarMatch Inc. makes no representation that materials on the App are appropriate, available or legal in any particular location. Those who choose to access the App do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that this Agreement, for all purposes, is governed by the laws of the State of Ohio, USA and you consent to the exclusive jurisdiction and venue of courts in Lucas County, Ohio USA, in all disputes arising out of or relating to your use of BarMatch or your BarMatch membership, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply to this agreement.

In the event that issues arise, both you and BarMatch Inc. agree to waive the right to a jury trial.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by BarMatch, Inc. in exercising any right hereunder will waive any further exercise of that right. BarMatch, Inc.’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without BarMatch, Inc.’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from BarMatch, Inc. electronically. BarMatch, Inc. may provide all such communications by email or by posting them on BarMatch. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at [email protected] or the following address:

BarMatch, Inc.
2652 Falmouth Rd.
Ottawa Hills, OH, 43615
Legal Department


Nothing herein shall limit BarMatch, Inc.’s right to object to subpoenas, claims, or other demands.

MODIFICATION; ENTIRE AGREEMENT:

This Agreement may not be modified except by a revised Terms of Service posted by BarMatch Inc. on BarMatch or a written amendment signed by an authorized representative of BarMatch, Inc. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between BarMatch, Inc. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

BY DOWNLOADING AND/OR USING THE BARMATCH APPLICATION AND RESPECTIVE WEBSITE ( www.barmatch.com ) YOU ARE HEREBY AGREEING TO BE BOUND BY THIS LICENSE AND TERMS OF SERVICE.

END OF LICENSE.