TERMS AND CONDITIONS
General
​
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use
of the matchedbyelle.com website (“Website”). This Agreement is legally binding between you (
“you” or “your”) and Matched by Elle, LLC (“MBE”). By accessing and using the Website, you
acknowledge that you have read, understood, and agree to be bound by the terms of this
Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized
to access or use the Website.
​
Accounts and Membership
​
You must be at least 21 years of age to use the Website. By using the Website and by agreeing to
this Agreement you warrant and represent that you are at least 21 years of age. If you create an
account on the Website, you are responsible for maintaining the security of your account and you
are fully responsible for all activities that occur under the account and any other actions taken in
connection with it. We may monitor and review new accounts before you may sign in and start
using the Website. Providing false contact information of any kind may result in the termination
of your account. You must immediately notify us of any unauthorized uses of your account or
any other breaches of security. We will not be liable for any acts or omissions by you, including
any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable,
or delete your account (or any part thereof) if we determine that you have violated any provision
of this Agreement or that your conduct or content would tend to damage MBE’s reputation and
goodwill.
​
Accuracy of Information
​
Occasionally there may be information on the Website that contains typographical errors,
inaccuracies or omissions that may relate to services, pricing or availability. We reserve the right
to correct any errors, inaccuracies, or omissions, and to change or update information or cancel
services if any information on the Website is inaccurate at any time without prior notice. We
undertake no obligation to update, amend or clarify information on the Website including,
without limitation, except as required by law.
​
Disclaimers/ Links
​
Although the Website may link to other resources (such as websites, mobile applications, etc.),
we are not, directly or indirectly, implying any approval, association, sponsorship, or affiliation
with any linked resource, unless specifically stated herein. We are not responsible for examining
or evaluating, and we do not warrant the offerings of, any businesses or individuals or the
content of their resources. We do not assume any responsibility or liability for the actions,
products, services, and content of any other third parties. You should carefully review the legal
statements and other conditions of use of any resource which you access through a link on the
Website. Your linking to any other off-site resources is at your own risk.
Prohibited Uses
​
In addition to other terms as set forth in the Agreement, you are prohibited from using the
Website: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws,
or local ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or misleading information; (g) to spam,
phish, pharm, pretext, spider, crawl, or scrape; (h) for any obscene or immoral purpose; or (i) to
interfere with or circumvent the security features of the Website, third party products and
services, or the Internet. We reserve the right to terminate your use of the Website for violating
any of the prohibited uses.
​
Intellectual Property Rights
​
“Intellectual Property Rights” means all present and future rights conferred by statute, common
law or equity in or in relation to any copyright and related rights, trademarks, designs, patents,
inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and
all other intellectual property rights, in each case whether registered or unregistered and
including all applications and rights to apply for and be granted, rights to claim priority from,
such rights and all similar or equivalent rights or forms of protection and any other results of
intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by MBE or third
parties, and all rights, titles, and interests in and to such property will remain (as between the
parties) solely with MBE. All trademarks, service marks, graphics and logos used in connection
with the Website, are trademarks or registered trademarks of MBE or its licensors. Other
trademarks, service marks, graphics and logos used in connection with the Website may be the
trademarks of other third parties. Your use of the Website grants you no right or license to
reproduce or otherwise use any of MBE or third-party trademarks.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright
owners who believe that material appearing on the Internet infringes their rights under the U.S.
copyright law. If you believe in good faith that materials hosted by MBE infringe your copyright,
you, or your agent may send to MBE a notice requesting that the material be removed or access
to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf
that fails to comply with requirements of the DMCA shall not be considered sufficient notice and
shall not be deemed to confer upon MBE actual knowledge of facts or circumstances from which
infringing material or acts are evident. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you to send to MBE a
counter-notice. All notices and counter notices must meet the then current statutory requirements
imposed by the DMCA; see http://www.loc.gov/copyright for details. MBE’s Copyright Agent
for notice of claims of copyright infringement or counter notices can be reached as follows:
​
Disclaimer of Warranty
​
You agree that the Website is provided on an “as is” and “as available” basis and that your use of
the Website is solely at your own risk. We expressly disclaim all warranties of any kind, whether
express or implied, including but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. We make no warranty that the Website will meet
your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do
we make any warranty as to the results that may be obtained from the use of the Website or as to
the accuracy or reliability of any information obtained through the Website. We make no
warranty regarding any goods or services purchased or obtained through the Website. No advice
or information, whether oral or written, obtained by you from us or through the Website shall
create any warranty not expressly made herein.
Limitation of Liability
​
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
MBE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS
OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES,
GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION,
LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER
CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION,
CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR
OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE
LIABILITY OF MBE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
SUPPLIERS AND LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO AN
AMOUNT NO GREATER THAN ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID
IN CASH BY YOU TO MBE FOR THE PRIOR SIX-MONTH PERIOD PRIOR TO THE
FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE
LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY
COMPENSATE YOU FOR ANY LOSSES OR FAILS ITS ESSENTIAL PURPOSE.
​
Indemnification
​
You agree to indemnify and hold MBE and its affiliates, directors, officers, employees, agents,
suppliers and licensors harmless from and against any liabilities, losses, damages or costs,
including reasonable attorneys’ fees, incurred in connection with or arising from any third-party
allegations, claims, actions, disputes, or demands asserted against any of them as a result of or
relating to your use of the Website or any willful misconduct on your part.
​
Severability
​
If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid
or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the
remaining provisions or portions thereof shall constitute their agreement with respect to the
subject matter hereof, and all such remaining provisions or portions thereof shall remain in full
force and effect.
​
Alternate Dispute Resolution
​
This Agreement shall be governed by, and interpreted and construed in accordance with, the
internal laws of the State of California, without regard for principles of conflicts or choice of law.
Any dispute that arises under or relates to your use of this Website shall be resolved by way of
the state courts of the State of California, San Diego County. You agree to such choice of venue
and will submit to the jurisdiction of such courts without contest or challenge on account of, by
way of example and not limitation, forum non conveniens.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a
plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations,
class actions, private attorney general actions, and consolidation with other arbitrations aren't
allowed.
​
Changes and Amendments
​
We reserve the right to modify this Agreement, or its terms related to the Website at any time at
our discretion. When we do, we will revise the updated date at the bottom of this page. We may
also provide notice to you in other ways at our discretion, such as through the contact
information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the
revised Agreement unless otherwise specified. Your continued use of the Website after the
effective date of the revised Agreement (or such other act specified at that time) will constitute
your consent to those changes.
​
Termination
MBE may cancel or terminate your right to use the Website or any part of the Website at any
time without notice. The restrictions imposed on you, and the disclaimers and limitations of
liabilities set forth in this Agreement, shall survive.
​
Notice to California Users
​
Under California Civil Code Section 1789.3, California users of the Website are entitled to the
following specific consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be contacted in
writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254
or (800) 952-5210.
This document was last updated on September 1, 2023.