Agreement Terms
Revised: 03/30/2023
This service is for adults only you must be at least 18 years old. Minors (under 18 years old) may not become members. When you register, and from time to time thereafter, westernmatch.com, LLC. may require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old.
You must agree to these Terms before signing up to use the service.
This is a legal agreement ("Agreement") between you and westernmatch.com, LLC. Please read the Agreement carefully before registering for the westernmatch.com service. By registering for westernmatch.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the Terms, you are not permitted to use the westernmatch.com service.
The Terms are subject to change by westernmatch.com, LLC. at any time. You will be notified of such changes that may effect you or your account.
Either you or westernmatch.com, LLC. may terminate your westernmatch.com membership at anytime, for any reason. westernmatch.com,LLC. reserves the right to immediately suspend or terminate your access to the westernmatch.com service, without notice, upon any breach of this Agreement by you which is brought to westernmatch.com, Inc.'s attention.
Your membership in the westernmatch.com service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
Online/Mobile Conduct
As a Member, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the westernmatch.com service, or transmit to other westernmatch.com Members.
There is no tolerance for objectionable content. You will NOT post on the westernmatch.com service, or transmit to other westernmatch.com members or employees, 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 use the westernmatch.com service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URL's, E-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. westernmatch.com, Inc. reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other westernmatch.com members.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other westernmatch.com members. westernmatch.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other members. Any infraction may lead to legal remedy on behalf of westernmatch.com, LLC
Community Rules.
By using the Service, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
For security reasons, you understand that your account may be blocked if you send repetitive messages.
use the Service for any harmful purpose.
use the Service in order to damage WesternMatch.
violate our Community Guidelines, as updated from time to time.
spam or solicit money or other items of value from another member, whether as a gift, loan, or other form of compensation, or otherwise defraud any members.
impersonate any person or entity or post any images of another person without his or her permission.
bully, stalk, intimidate, assault, harass, mistreat or defame, or otherwise mistreat any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account, share an account with another user, or maintain more than one account.
misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.
create another account if we have already terminated your account, unless you have our permission.
Indemnity by Member
You will defend, indemnify, and hold harmless westernmatch.com, LLC., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the westernmatch.com Service, including, but not limited to, any breach by you of the terms of this Agreement.
Online Content
Opinions, advice, statements, offers, or other information or content made available through the westernmatch.com service are those of their respective authors and not of westernmatch.com, and should not necessarily be relied upon. Such authors are solely responsible for such content. westernmatch.com, LLC. does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will westernmatch.com, LLC. be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the westernmatch.com Service, or transmitted to westernmatch.com members.
WARNING - PLEASE READ: Even though content is monitored prior to going live on the site, it is possible that other westernmatch.com members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the westernmatch.com Service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. westernmatch.com is not responsible for the use of any personal information that you may choose to disclose while on the Service. Please carefully select the type of information that you post on the westernmatch.com service or release to others.
westernmatch.com reserves the right, but has no obligation, to monitor the materials posted in the public chatroom areas of the westernmatch.com Service. westernmatch.com, shall have the right to remove any such material that violates, or is alleged to violate, the law, or this Agreement. Notwithstanding this right of westernmatch.com, you remain solely responsible for the content of the materials you post in the public areas of the Service and your private email messages. Emails sent between you and other westernmatch.com members that are not readily accessible to the general public will be treated as private by westernmatch.com, LLC. to the extent required by applicable law.
Removal of Information
While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the code of conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may transmit or record to the Service or send to the users of the Service. We reserve the right to block your account should you send numerous repetitive messages.
Proprietary Rights
westernmatch.com, owns and retains other proprietary rights in the westernmatch.com Service. The Service contains the copyrighted material, trademarks, and other proprietary information of westernmatch.com, and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of westernmatch.com, you automatically grant, and you represent and warrant that you have the right to grant, to westernmatch.com, and other westernmatch.com members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Information Supplied by Member
Except as provided otherwise in westernmatch.com's privacy policy, westernmatch.com, will keep confidential all information supplied by you to westernmatch.com, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. No credit card information is stored on the westernmatch.com servers.
Mobile Fees and Payments
Any questions or disputes regarding billing, fees or payments should be addressed to your third party mobile phone service provider.
Disclaimer of Warranty
westernmatch.com provides the westernmatch.com Service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in connection with the Service or in connection with any communication with westernmatch.com. or its representatives, or otherwise with respect to the Service. westernmatch.com specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. westernmatch.com does not warrant that your use of the westernmatch.com service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. westernmatch.com, disclaims liability for, and no warranty is made with respect to, telephone service, including coverage, range, or any interruption in telephone service.
Limitation of Liability
WesternMatch's liability is limited to the maximum extent by applicable law.
In no event will westernmatch.com, be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, lost profits, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the westernmatch.com Service, even if westernmatch.com or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, westernmatch.com, 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 westernmatch.com. for the Service during the term of membership.
In addition, westernmatch.com, disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or "hackers") of the westernmatch.com Service.
State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
No Liability for non-WesternMatch Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WESTERNMATCH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
ARBITRATION AGREEMENT
The use of this service constitutes your agreement to settle any dispute between you and Western Match through Arbitration. You also agree that you will not participate in any class action or class proceedings against Western Match. This Agreement and any dispute for which you have with Western Match.com shall be governed by the laws of the State of Arizona. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of Western Match's copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which Western Match may elect to have resolved by means other than arbitration. YOU AND WESTERN MATCH AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
General Provisions
You agree that Arizona law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of Arizona, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of Arizona in connection with the Service or this Agreement. This Agreement, accepted upon registering for the westernmatch.com Service, contains the entire agreement between you and westernmatch.com, regarding the use of the Service. This Agreement may only be amended upon notice by westernmatch.com, to you, or by a writing signed by you and an authorized official of westernmatch.com, Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Refund Policy
If applicable, westernmatch.com will issue a refund within 72 hours of an initial subscription provided that none of the Services have been utilized. Beyond these conditions, requests for refunds will be at the sole discretion of westernmatch.com and will be reviewed on a member to member basis.
Chargeback Policy / Chargeback Fraud
Chargeback fraud occurs when a customer files a chargeback on a transaction that is completely legitimate.
All references to a “chargeback” refer to a reversal of a credit/debit card charge. There is no reason for a chargeback to ever be filed. If You feel that Your credit/debit card was used fraudulently in connection with the Services you agree to contact WesternMatch immediately so that we may reverse the charge. You agree to repay WesternMatch all costs and expenses incurred as a result of any chargeback you file.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD BY WESTERNMATCH IN CONNECTION WITH THE SERVICES AND PURSUANT TO THIS AGREEMENT. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT WESTERNMATCH MAY RECOVER THE AMOUNT OF THE CHARGEBACK, IN ADDITION ANY CHARGEBACK FEES LEVIED BY A PAYMENT SERVICE PROVIDER, BY ANY MEANS DEEMED NECESSARY, INCLUDING HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
Account Termination
Should you file a chargeback your account will be immediately blocked, and all associated information in the account will be terminated immediately. You will no longer be able to use our service now or in the future. A chargeback is grounds for immediate termination.
Copyright Policy
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that he or she has used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.
No Guarantees.
WesternMatch may not be able to provide matches for everyone seeking to use its Services. You understand that WesternMatch makes no guarantees, either express or implied, regarding your compatibility with individuals you meet through the Singles Service or as to the conduct of such individuals