Terms Of Service Agreement
Mosaic Matchmaking Terms of Service Agreement
Welcome to MosaicMatchmaking.com (“Mosaic Matchmaking,” “E&L Consulting,” “we,” “our,” or “us”) website. This Service Agreement (“Agreement,” “Membership”) is entered into by and between Mosaic Matchmaking LLC, and you the Client (“Member”). If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Notice govern the MosaicMatchmaking.com relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, please do not use our Website.
MosaicMatchmaking.com is a privately owned, professional matchmaking and coaching service. Our services is for individuals age twenty-one (21) and over. Clients are selected after an extensive interviewing and screening process. We reserve the right to deny service to any applicant for any reason. Submitting a photograph or application does not guarantee admittance into the agency, nor does it guarantee a match. Not all individuals will qualify for the range of services offered by MosaicMatchmaking.com.
By submitting an application, the Applicant agrees that he/she is at least twenty-one (21) years of age, single, legally separated, divorced, or widowed. Those who apply for the services offered by us may become a Client only after completing our interviewing and screening process, which includes an in-person or virtual interview, and we are satisfied that there is a reasonable probability that the service can be effective. Even then, neither we nor any third parties provide any guarantee a life partner can or will be found. Results will vary. Service starts on the effective date as set forth in each Client’s written agreement.
You agree to keep any and all profiles, or information presented to you in relation to a potential match confidential whether before, on or after the effective date of your written agreement. You agree not to disclose any and all information provided to you as confidential and private and never to share whether orally, in writing, machine readable form, text drawings, photographs, or any other form whatsoever and use not less than the degree of care used to prevent disclosures of their own confidential and private information. You agree to take all actions reasonably necessary to ensure any person, entity, affiliated entities, or agent comply with the terms of this Agreement.
Client and/or Applicant shall immediately notify Mosaic Matchmaking in the event of any unauthorized use of disclosure of private and/or confidential information. If a Client and/or Applicant becomes legally obligated to disclose any confidential or private information by a court of competent jurisdiction, or an administrative or other government agency with subpoena powers, Client and/or Applicant shall not disclose such information without giving Mosaic Matchmaking ten (10) business days prior written notice.
A referral to any service, company, individual or website by MosaicMatchmaking.com for any service or item (including photographs) does not guarantee admittance into MosaicMatchmaking.com, nor the item or service that was referred.
Eligibility.
YOU MUST BE AT LEAST 21 YEARS OF AGE TO REGISTER WITH MOSAICMATCHMAKING.COM. MEMBERSHIP TO THE SERVICE IS VOID WHERE PROHIBITED.
Registration.
To become a Client, you must register for services with us. By registering with MosaicMatchmaking.com, you become a Client of the Services and you agree to be bound by the terms of this Agreement. If and when you register to become a Client, you agree to provide accurate, current and complete information about yourself. Each Client is responsible for updating their information with MosaicMatchmaking.com upon any change in their current information or changes in dating preferences. You agree that we may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and terminate the use of any and all services.
Client shall not share their Mosaic Matchmaking Membership with any other person or entity. Client agrees to use such membership is their 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.
Fees.
There is a fee to become a Client/Member of MosaicMatchmaking.com. We do not guarantee a minimum or maximum number of dates as part of our services or Membership.
Membership Holds & Service Holds.
Client may put their Membership on hold for a period of up to twelve (12) months, upon agreement between the parties. In order to place a hold on services or Membership, Client must contact MosaicMatchmaking.com in by email or postal mail no less than seven (7) business days prior to the hold date. The request must state both the hold start date and reactivation date. Members will not be billed for Memberships and or services during the hold months. Billing will resume automatically upon the end of the hold months.
In-person conduct.
Mosaic Matchmaking is committed to the safety and welfare of its Clients and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Thus, Client agrees to conduct themselves in a respectful manner when interacting with any potential match, staff, agents, or affiliates. Further, Client agrees to conduct themselves in a respectful manner before, during and after each date. Clients are also required to contact Mosaic Matchmaking following a first date to provide an update regarding a future date or seeking another dating option request. Failure to observe our rules and regulations in any fashion may result in termination of a Membership without refund.
Termination by Mosaic Matchmaking.
MosaicMatchmaking.com may terminate your services or Membership at any time should you not comply or follow the rules set before you in this Agreement, and verbally by MosaicMatchmaking.com, effective upon a written notice to the Client. All paid services fees are nonrefundable under any circumstances, due to hours and moneys potentially spent on networking, recruiting, interviewing, screening and meeting potential matches prior and during the agreed upon term. We reserve the right to immediately suspend or terminate your access to the service, without notice, upon any breach of this Agreement by you.
Cancellation by Member.
Client may cancel this Agreement at any time. You must provide Mosaic Matchmaking written notice via email or postal mail of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment, if applicable. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month. If at the time of your cancellation notice, you have outstanding payments owed to Mosaic Matchmaking, these payments must be in full in order to cancel your Agreement to be considered cancelled. In the event you fail to pay outstanding amounts owed, your Membership will be suspended, the Agreement will not be cancelled, and we have the right to pursue additional means to receive monies owed.
Indemnity by Client.
By execution of this Agreement, I accept full responsibility for any and all claims, damages, losses, liabilities, costs (including reasonable attorneys’ fees), injuries (both economic and non-economic) and losses of any type that may occur and I hereby fully and forever release and discharge Mosaic Matchmaking LLC, its insurers, employees, officers, directors, associates, representatives and agents from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the use of any and all services, including but not limited to: (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to MosaicMatchmaking.com infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with MosaicMatchmaking.com, including individual relationship choices made by Clients after introduction is provided through the service. Further, I expressly agree to indemnify and hold Mosaic Matchmaking harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Information Supplied by Client.
At Mosaic Matching, we respect your privacy. We will take all actions reasonably necessary to protect your personal information and will comply with all applicable data protection legislation in the United States and other jurisdictions in which we offer service subject to the Privacy Notice of MosaicMatchmaking.com.
Disclaimer of Warranty.
MOSAICMATCHMAKING.COM PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH MOSAICMATCHMAKING.COM OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICES. MOSAICMATCHMAKING.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitation of Liability.
IN NO EVENT WILL MOSAICMATCHMAKING.COM BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGES, PHYSICAL DAMAGES, PHYSICAL INJURIES, AND EMOTIONAL AND MENTAL DISTRESS OR INJURIES). YOU HEREBY WAIVE ANY CLAIM OR ANY RIGHT TO SEEK DAMAGES WHICH MIGHT ARISE FROM ANY AND ALL ACTIONS, INTENTIONAL OR UNINTENTIONAL, WHETHER OF OMISSION OR COMMISSION, OR THE NEGLIGENCE OF MOSAICMATCHMAKING.COM AND/OR ITS EMPLOYEES, REPRESENTATIVES, OR AGENTS. MOSAICMATCHMAKING.COM DOES NOT VERIFY THE ACCURACY OF INFORMATION, INCLUDING AGE, LOCATION OR OTHER INFORMATION PROVIDED BY CLIENTS, OR OTHER INDIVIDUALS MOSAICMATCHMAKING.COM MAY INTRODUCE TO YOU. MOSAICMATCHMAKING.COM DOES NOT VERIFY THE REPRESENTATIONS, WARRANTIES OR STATEMENTS OR VOUCH FOR THE CHARACTER OF ANY CLIENT OR INDIVIDUAL MOSAICMATCHMAKING.COM MAY INTRODUCE YOU TO. YOU AGREE THAT YOU SHALL ASSUME ALL RISKS INVOLVED WITH YOUR SOCIAL INTERACTIONS WITH CLIENTS AND INDIVIDUALS MOSAICMATCHMAKING.COM INTRODUCES TO YOU. BY SIGNING UP FOR MOSAICMATCHMAKING.COM SERVICES, YOU AGREE THAT MOSAICMATCHMAKING.COM WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECTLY, INDIRECTLY, OR CONSEQUENTIALLY, ARISING OUT OF YOUR SERVICES OR MEMBERSHIP WITH MOSAICMATCHMAKING.COM, WHICH RESULT FROM THE NEGLIGENCE OF MOSAICMATCHMAKING.COM AND/OR ITS EMPLOYEES, AGENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATIONS, CONTACT AND MEETINGS WITH OTHER CLIENTS AND/OR THIRD PARTIES SERVICES, INCLUDING, WITHOUT LIMITATION, INTENTIONAL, CRIMINAL, NEGLIGENT OR GROSSLY NEGLIGENT ACTS OF OTHER CLIENTS, INDIVIDUALS OR THIRD PARTY SERVICES INTRODUCED TO YOU OR REFERRED TO YOU BY MOSAICMATCHMAKING.COM.
I understand the potential dangers that could occur in meeting with people through MosaicMatchmaking.com or any of the Company’s special events. Understanding the risks, I hereby represent and warrant that I release MosaicMatchmaking.com and all its representatives, employees and MosaicMatchmaking.com, and anyone else directly or indirectly connected with MosaicMatchmaking.com, from any liability in the event of any injury or damage of any kind to me or anyone else caused by meeting with people through any MosaicMatchmaking.com service.
While MosaicMatchmaking.com performs an initial screening of individuals registering for the matchmaking service, MosaicMatchmaking.com makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Clients.
Photograph/Video Release.
Mosaic Matchmaking may hold in-person events from time to time. In such event, you hereby grant Mosaic Matchmaking, its representatives, employees, or agents the right to take photographs and video footage of your and your property while at any event hosted and or sponsored by us and to use and publish these photographs or videos in print and/or electronically. You agree Mosaic Matchmaking may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
Complaints.
During and after the term of this Agreement, Client shall promptly convey to and inform, in writing whether by email or postal mail, Mosaic Matching LLC of any complaints in connection with the services provided and or received. We promise to handle all complaints in a timely and professional manner and use our best efforts to satisfy our Clients.
Miscellaneous and General Provisions.
Unless otherwise explicitly contemplated herein, this Agreement is effective as of the Effective date, regardless of when it may actually be executed by the Parties. The Parties hereto may be referred to generally as a “Party” or collectively as the “Parties.” This Agreement is contractual in nature and is binding on all Parties hereto and each signatory hereto. This Agreement may not be changed orally; the only method of changing this Agreement will be under an agreement in writing signed by the Party against whom enforcement of any waiver, change, modification, extension, or discharge is sought.
If any provision of this Agreement is declared invalid or unenforceable, such provision shall be modified and reformed to the extent necessary and possible to render it valid and enforceable to the maximum extent possible in a manner that is consistent with Mosaic Matching LLC intent. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or has been modified as above provided, as the case may be.
This Agreement will be governed by the laws of the State of Texas. The provisions for binding arbitration must be in accordance with Texas arbitration law, including but not limited to section 6.601. The parties agree to submit to binding arbitration any dispute or controversy regarding the validity, interpretation, or enforceability of this Agreement, as well as all issues involving its enforcement in connection with a dissolution proceeding between the parties. Each party expressly waives any right to trial by court or trial by a jury. The parties agree to attend the arbitration on the date and time and place set by the arbitrator. The award of the arbitrator will be binding and conclusive on the parties, and a judgment setting forth the arbitration award may be entered in any court of competent jurisdiction.
No waiver of any term, condition or obligation of this Agreement will be valid unless made in writing and signed by Party to which such performance is due. No failure or delay by any Party at any time to enforce one or more of the terms, conditions or obligations of this Agreement will: (a) constitute waiver of such terms, conditions or obligations; or (b) be deemed to be a waiver of any other subsequent term, condition, or obligation, whether of like or different nature.
This Agreement contains the entire understanding between the Parties, superseding all prior or contemporaneous communications, representations, agreements, and understandings, verbal or written, between the parties. This Agreement, accepted by you, Client, upon registering for any service with MosaicMatchmaking.com. Unless otherwise explicitly stated, the terms will survive termination of any and all service and/or membership. This agreement shall terminate immediately and without notice if you breach any of the terms and conditions as provided in this Agreement, subject to the survival of all rights and reservations of MosaicMatchmaking.com.
As confident as we are in our matchmaking abilities, Mosaic Matchmaking does not guarantee that your Membership will result in any type of relationship or relationship potential between you and another person or group of people. Mosaic Matchmaking does not guarantee your compatibility with any other users of the site, whether recommended, suggested, or not.
If you are not satisfied with Mosaic Matchmaking’s efforts at any time during the Membership period, you can request to cancel your Membership and be refunded for the balance of your fee (prorated based on services already utilized).