Agreement between User and www.gemmatchmaking.com 

The www.gemmatchmaking.com website (the "Site") comprises various web pages operated by Gem Matchmaking, LLC. 

www.gemmatchmaking.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.gemmatchmaking.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them. 

 Privacy 

Your use of www.gemmatchmaking.com is subject to Gem Matchmaking, LLC's Privacy Policy. Please review our Privacy Policy, which governs the Site and informs users of our data collection practices. 

 Electronic Communications 

Visiting www.gemmatchmaking.com or sending emails to Gem Matchmaking, LLC constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing. 

Persons Under 21 Years of Age

Gem Matchmaking, LLC does not knowingly collect personal information from persons under twenty-one, online or offline. You affirm that you are either more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms of Use and to abide by and comply with these Terms of Use.

Criminal Background Screenings

Members are excluded from participation in our services as any persons identified as having been convicted of a felony offense, an offense the conviction or adjudication of which requires registration as a sex offender, or an offense for which an affirmative finding of family violence.

The criminal history included in a criminal background check dates back at least Seven years. 

Cancellation/Refund Policy 

All Services purchased are non-refundable.

Links to Third-Party Sites/Third-Party Services 

www.gemmatchmaking.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Gem Matchmaking, LLC, and Gem Matchmaking, LLC is not responsible for the contents of any Linked Site, including any link contained in a Linked Site or any changes or updates to a Linked Site. Gem Matchmaking, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gem Matchmaking, LLC of the site or any association with its operators. 

Certain services made available via www.gemmatchmaking.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.gemmatchmaking.com domain, you hereby acknowledge and consent that Gem Matchmaking, LLC may share such information and data with any third party with whom Gem Matchmaking, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.gemmatchmaking.com users and customers. 

 No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.gemmatchmaking.com strictly by these terms of use. As a condition of your use of the Site, you warrant to Gem Matchmaking, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gem Matchmaking, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not make any changes thereto. 

 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the Site. Gem Matchmaking, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Gem Matchmaking, LLC and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Gem Matchmaking, LLC or our licensors except as expressly authorized by these Terms. 

International Users 

The Service is controlled, operated, and administered by Gem Matchmaking, LLC, from our offices in the USA. If you access the Service from outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gem Matchmaking, LLC Content accessed through www.gemmatchmaking.com in any country or manner prohibited by applicable laws, restrictions, or regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or the U.S. government has designated that as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Indemnification 

You agree to indemnify, defend, and hold harmless Gem Matchmaking, LLC, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gem Matchmaking, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. In this event, you will fully cooperate with Gem Matchmaking, LLC, in asserting any available defenses. 

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising from these Terms and Conditions, whether directly or indirectly, including Tort claims resulting from these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions. 

Class Action Waiver 

Any arbitration under these Terms and Conditions will occur individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you and Gem Matchmaking, LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. 

 Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GEM MATCHMAKING, LLC, AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

GEM MATCHMAKING, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GEM MATCHMAKING, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEM MATCHMAKING, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GEM MATCHMAKING, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

 Termination/Access Restriction 

Gem Matchmaking, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland, and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gem Matchmaking, LLC because of this agreement or use of the Site. Gem Matchmaking, LLC's performance of this agreement is subject to existing laws and legal processes. Nothing in this agreement is in derogation of Gem Matchmaking, LLC's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gem Matchmaking, LLC concerning such use. If any part of this agreement is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

 Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gem Matchmaking, LLC, concerning the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Gem Matchmaking, LLC concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English. 

Changes to Terms 

Gem Matchmaking, LLC reserves the right, in its sole discretion, to change the Terms under which www.gemmatchmaking.com is offered. The most current version of the Terms will supersede all previous versions. Gem Matchmaking, LLC encourages you to review the Terms periodically to stay informed of our updates. 

Termination, Updates, Modifications, Corrections, Interruptions, and Maintenance and Support Termination. 

Gem Matchmaking reserves the right, whenever, to end, update, modify, suspend, or discontinue, temporarily or permanently, the Services in its sole discretion, for any reason or no reason, with or without notice and without liability to you. Upon termination: (i) all rights granted under these Terms of Use will also terminate, and (ii) you must cease all website use and delete all App copies from your Mobile Device and account. Termination will not limit Gem Matchmaking rights or remedies at law or in equity.

Corrections and Interruptions. 

There may be information on the Service containing typographical errors, inaccuracies, or omissions relating to the Services, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time without prior notice. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Services.

Contact Us

Gem Matchmaking, LLC welcomes your questions or comments regarding the Terms:

Gem Matchmaking, LLC

Email Address:

support@gemmatchmaking.com

Telephone number:

(443) 839 5630

Effective as of November 22, 2024