Table of Contents
About our Service. 3
Your User Account. 3
Modifying the Service and Termination. 5
Safety and Interactions with Other Users. 5
Rights Granted to You. 6
Rights you Grant to Us. 7
General Guidelines. 8
Rules Regarding Your Content 8
User Content 9
Our Content 9
Other Users’ Content. 10
Notifications and Location-Based Features. 10
Subscriptions and In-App Purchases. 10
Notice and Procedure for Making Claims of Copyright Infringement. 12
Legal Disclaimers. 13
Third-Party Services. 13
Limitation of Liability. 13
Arbitration Agreement, Class-Action Waiver and Jury Waiver. 14
Limited One-Time Right to Opt-Out of Arbitration. 16
Governing Law. 16
Indemnity by You. 17
Entire Agreement; Miscellaneous. 17
Contact Us. 17
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted in the Platforms under Settings and also on www.okgomama.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Platform or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with MAMA, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
About our Service
MAMA is a community of interlinked individuals who desire connect with others and make connections between others for friendship, love and professional purposes. MAMA taps into the nostalgia of the way people used to meet: through the introductions from individuals you know, like, and above all, trust. MAMA helps you open your network of amazing people to expose endless opportunities for connections. Accordingly, the Platform allows you to connect with other Users and make introductions between your friends, colleagues and acquaintances and also to accept introductions made by others (collectively, the “Service”).
Upon accepting an Introduction, each Contact (then a User), will be able to view the contacts of the Introduction, as well as the contact information of each User for the purposes. The Platform does not currently support a chat or messaging feature. Users may then communicate off the Platform, subject to the terms and conditions hereof.
[Impetrative to disclose what Personally Identifiable Information is included with the Introduction]
[Does a User have the ability to select what contact information the other User/Contact can see]
Your User Account.
We may ask our Users for personal information when you use the Platform or register for an account (each a “User Account”). Users are not required to register for a User Account solely to accept an Introduction. However, in order to make an Introduction, Users must register for a User Account. User Accounts are intended for personal use only and you further acknowledge and agree that we are relying on the accuracy of your information to provide certain Services.
Although we do not guarantee the identity of any User of the Service, you hereby authorize MAMA, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Contact Information. This may include asking you for further information and/or documentation about your account usage or identity or requiring you to take steps to confirm ownership of your email address, telephone number or payment information, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
The Platform may allow Users to create a User Account by logging into the Service via third party social networking sites, like Facebook ®. By doing so, you are confirming that you are the owner of any of these third-party social media accounts and that you are entitled to disclose your social media login information to us. You are giving us permission to collect your authentication information and other information that may be available on or through your social media account.
In the event that you misrepresent information about yourself, your User Account is subject to suspension or cancellation without notice to you.
You must be at least 18 years of age to create an account on MAMA and use the Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with MAMA,
you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
Modifying the Service and Termination.
MAMA is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your User Account at any time, for any reason, by following the instructions in “Settings” in the Platform, however if you use a third party payment account, you will need to manage in-App purchases through such account (e.g., iTunes, Google Play) to avoid additional billing. Please contact us at email@example.com if you have difficulty in terminating your User Account.
Please note that MAMA may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.
Safety and Interactions with Other Users.
Though MAMA strives to encourage a respectful User experience through features like the double opt-in that allows Users to communicate only after they have both accepted an Invitation, we are not responsible for the conduct of any User, whether on or off of the Service. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow MAMA’s Safety Tips prior to using the Service. You also agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users.
WARNING: YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT MAMA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. MAMA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OTHER USERS. MAMA RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE MAMA TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS OBTAINED BY IT OR WITH THE ASSISTANCE OF A CONSUMER REPORTING AGENCY, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.
Rights Granted to You
In connection with your use of the Platform and Service, MAMA grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by MAMA and permitted by this Agreement. Accordingly, you agree not to:
use the Service or any content contained in the Service for any commercial purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without MAMA’s prior written consent.
express or imply that any statements you make are endorsed by MAMA.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
upload viruses or other malicious code or otherwise compromise the security of the Service.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
“frame” or “mirror” any part of the Service without MAMA’s prior written authorization.
use meta tags or code or other devices containing any reference to MAMA or the Service (or any trademark, trade name, service mark, logo or slogan of MAMA) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
use or develop any third-party applications that interact with the Service or other Users’ Content or information without our written consent.
use, access, or publish the Platform’s programming interface without our written consent.
probe, scan or test the vulnerability of our Service or any system or network.
encourage or promote any activity that violates this Agreement.
MAMA may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
Rights you Grant to Us.
By creating an User Account, you grant to MAMA a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other Users (collectively, “Content”). The term “Content” includes Content posted by you, us or other Users of the Service. MAMA’s license to your Content shall be non-exclusive, except that MAMA’s license shall be exclusive with respect to derivative works created through use of the Service. For example, MAMA would have an exclusive license to screenshots of the Service that include your Content. In addition, so that MAMA can prevent the use of your Content outside of the Service, you authorize MAMA to act on your behalf with respect to infringing uses of your Content taken from the Service by other Users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other Users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Users).
You agree that all information that you submit upon creation of your account, including information submitted from any social media account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to MAMA above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer service are representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your User Account.
In consideration for MAMA allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertisements on the Service. By submitting suggestions or feedback to MAMA regarding our Service, you agree that MAMA may use and share such feedback for any purpose without compensating you.
You agree that MAMA may access, preserve and disclose your User Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (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.
By using the Service, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement;
use the Service for any harmful or nefarious purpose;
use the Service in order to damage MAMA;
Spam, solicit money from or defraud any Users;
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 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 User Account, share a User Account with another User, or maintain more than one User Account; or
create another User Account if we have already terminated your User Account, unless you have our permission.
MAMA reserves the right to investigate and/or terminate your User Account without a refund of any purchases or service fees if you have violated this Agreement, misused the Service or behaved in a way that MAMA regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
Rules Regarding Your Content
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
In light of the fact that the Service is a public community, your Content will be visible to other users of the Platform all around the world when you register for a User Account, so make sure you are comfortable sharing any Content before you post. As such, you agree that your Content may be viewed by other Users and any person visiting, participating in or who is sent a link to the Platform (e.g. individuals who receive a link to a User’s profile (for example, in an Invitation) or shared content from other Users). By uploading your Content on the Service, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you. We also have the right to remove, edit, limit or block access to any of your Content at any time, and we have no obligation to display or review your Content.
Other Users of the Service will also share content via the Platform. A User’s Content belongs to the User who posted the Content and is stored on our servers and displayed via the Platform, at the direction of the User providing such Content. You do not have any rights in relation to other User’s Content, and you may only use other Users' personal information to the extent that your use of it matches the Service’s purpose of allowing people to connect and meet one another. You may not use other Users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your User Account if you misuse other Users' information.
Any other text, content, graphics, interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Platform or through the Service are owned, controlled or licensed by MAMA and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to our Content remains with us at all times. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use our Content, without any sublicense rights, under the following conditions:
you may not use, sell, modify, or distribute our Content except as permitted by the functionality of the Platform;
you may not use our name in metatags, keywords and/or hidden text;
you may not create derivative works from our Content or commercially exploit our Content, in whole or in part, in any way; and
you may use our Content for lawful purposes only.
All other rights are expressly reserved.
Other Users’ Content.
Although we reserve the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the User who posts it, and we cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Platform or via our contact form.
Notifications and Location-Based Features
We may also send you emails, text messages, push notifications, alerts and other messages related to the Platform and/or the Service, such as enhancements, offers, products, events, and other promotions. After downloading the Platform, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Platform, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at firstname.lastname@example.org.
Please note that your phone service provider is not the provider of the Platform. You are responsible for any fees that your mobile phone service provider charges while using the Platform, including but not limited to text messaging and data charges. If you change or deactivate the mobile phone number that you used to create your User Account, you must update your account information through Platform immediately to prevent us from sending to someone else messages intended for you.
Subscriptions and In-App Purchases.
From time to time, we may offer products and services for purchase (“in-App purchases”) through iTunes, Google Play, carrier billing, direct billing or other payment platforms authorized by us. If you choose to make an in-App purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize us or the third party account, as applicable, to charge you.
If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to access your third party account (or User Account Settings on the Platform) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Platform from your device. Deleting your User Account or deleting the Platform from your device does not cancel your subscription. We will retain all funds charged to your Payment Method until you cancel your subscription on MAMA or the third-party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Additional Terms that apply if you pay us directly with your Payment Method. If you pay us directly, we may correct any billing errors or mistakes in our sole discretion. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may terminate your User Account immediately in our sole discretion.
You may edit your Payment Method information in your User Account Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Generally, all charges for in-App purchases and subscriptions are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within five (5) days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third (3rd) business day following the date you subscribed. In the event of a User’s death before the end of your subscription period, such User’s estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Service) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not MAMA. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through MAMA directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or MAMA (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to us at the address provided below.
Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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 the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent by U.S. mail to the following address:
Mama Matchmaking, LLC
Attn: DiSchino & Schamy, PLLC
4770 Biscayne Blvd., Suite 1280
Miami, Florida 33137
or by email to email@example.com (Subject: Copyright Infringement)
MAMA will terminate the User Account(s) of repeat infringers.
MAMA PROVIDES THE SERVICE 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 THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MAMA DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE AND/OR PLATFORM WILL BE ACCURATE.
MAMA TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE AND/OR THE PLATFORM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
MAMA DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. MAMA is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. MAMA is not responsible or liable for such third parties’ terms or actions.
Limitation of Liability.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION “LIMITATION OF LIABILITY” SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Arbitration Agreement, Class-Action Waiver and Jury Waiver.
Except where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service and/or Platform, regardless of the date of accrual and including past, pending, and future claims, shall be by binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures, as further set forth herein. The one exception to the exclusivity of arbitration is that either party (you or us) has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or we elect to invoke the right to an oral hearing before the arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against MAMA.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO THIS ARBITRATION AGREEMENT. IN DOING SO, BOTH YOU AND MAMA GIVE UP THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND MAMA (EXCEPT FOR MATTERS THAT MAY BE PROPERLY TAKEN TO A SMALL CLAIMS COURT AND ARE WITHIN SUCH COURT’S JURISDICTION). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
If you assert a claim against MAMA outside of small claims court (and MAMA does not request that the claim be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for MAMA. Both you and MAMA are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), 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. For details on the arbitration process, see our Arbitration Procedures, below.
The “Jurisdiction” and “Venue” provisions set forth herein are incorporated and are applicable to this Arbitration Agreement.
As you decide whether to agree to this Arbitration Agreement, here are some important considerations:
Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties under the JAMS Streamlined Arbitration Rules & Procedures. Arbitration does not limit or affect the legal claims you as an individual may bring against MAMA. Agreeing to arbitration will only affect where those claims may be brought and how they will be resolved.
Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. The arbitrator will typically determine whether MAMA or you will be required to pay or split the cost of any arbitration with MAMA, based on the circumstances presented.
You will be precluded from bringing any class or representative action against MAMA and you will also be precluded from participating in any recovery resulting from any class or representative action brought against MAMA, in each case provided you are not already bound by an arbitration agreement and class action waiver previously agreed to with MAMA.
WHETHER TO AGREE TO THIS ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
IF FOR ANY REASON THIS ARBITRATION AGREEMENT IS FOUND TO BE INVALID, YOU WILL NEVERTHELESS STILL BE BOUND BY ANY PRIOR VALID ARBITRATION AGREEMENT THAT YOU ENTERED INTO WITH MAMA, INCLUDING PREVIOUS VERSIONS OF THIS AGREEMENT.
Limited One-Time Right to Opt-Out of Arbitration
If you do not want to arbitrate disputes with MAMA and you are an individual, you may opt out of this arbitration agreement by notifying us within thirty (30) days of the first date that you access the Platform or the date that you receive any Services, by contacting us at the address provided below.
Except where our arbitration agreement is prohibited by law, the laws of the State of Florida, United States of America, without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with MAMA. Notwithstanding the foregoing, the Arbitration Agreement contained herein shall be governed by the Federal Arbitration Act.
You expressly acknowledge and agree that the Services are being provided from the State of Florida. Except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Service, to the Platform or to your relationship with MAMA that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Miami-Dade County, Florida. You and MAMA expressly consent to the exercise of personal jurisdiction of courts in the State of Florida and waive any claim that such courts constitute an inconvenient forum.
Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless MAMA, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
All the actions you make and information you post on the Platform or though the Service remain your responsibility. You further agree to indemnify, defend, release, and hold us, and our principals, partners, licensors, affiliates, contractors, officers, managers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or willful misconduct by you;
your access to and use of the Platform;
the uploading or submission of Content to the Platform by you;
your violation of any law or of any rights of any third party.
MAMA retains the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defense of any relevant claim.
Entire Agreement; Miscellaneous.
Mama Matchmaking, LLC
Last updated: June 29, 2020.