INTRODUCTION By registering for the RCM Fusion Service using the CLIENT FORM, you agree to be bound by the terms set forth in these Terms and Conditions Statement, our Privacy Policy, and all other provisions and policies associated with your access and use (the "Agreement"). PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU CHOOSE TO ACCEPT THE AGREEMENT BY CHECKING THE "I AGREE TO THE TERMS AND CONDITIONS" BOX, YOU UNDERSTAND AND CONSENT TO BE BOUND TO THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ALL CONDITIONS OF BECOMING A MEMBER (DEFINED BELOW), THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS, THE CLASS ACTION WAIVER, AND THE PRIVACY POLICY, ACCESSIBLE HERE. If you do not wish to accept all terms and conditions contained in this Agreement, do not check the "I Agree" box below or complete the registration process for this Service
OVERVIEW Submitting your Client Form. After you have consented to this Agreement and registered to use the Service. To submit a Client Form, you must: Be at least eighteen (18) years old; Provide us with your first and last name; Have a valid email address. You also must have a valid credit card/payment method if you choose to place an order, which will provide you access to all the features and functions of our Service. We hereby reserve the right to authenticate your identity to ensure compliance with the terms of this Agreement and applicable law. By submitting your Client Form, you represent and warrant that all information you have provided is accurate and true. You will receive an email confirmation that you have successfully submitted your Client Form. ​Account Security: You are solely responsible for ensuring all information used in connection with our Service is accurate and current. We reserve the right, in our sole discretion, to terminate or suspend our involvement with you, including if we have reason to believe that you have provided fraudulent information in connection with the submission of your Client Form for our Service.
USE RIGHTS By checking the "I Agree" box, you acknowledge that you understand and agree that we cannot and do not assume any liability for or relating to third party use or cached content which is beyond our control.
RESTRICTIONS/CODE OF CONDUCT You are solely responsible for your interaction with other potential matches that are the result of the Service, whether online or offline. We are not responsible or liable for the conduct of any potential matches. Please exercise common sense and prudent judgment in your interactions with others in all of your online and offline activities. You agree not to use the RCM Fusion service if any of the following apply: You are under the age of 18 (eighteen) years old; You are currently married or in a de facto relationship; You have ever been convicted of a sexually related or violent criminal offense; You have ever been banned from using other dating platform websites. WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOU HAVE VIOLATED ANY PROVISION OF THE AGREEMENT, INCLUDING THE PRIVACY POLICY. WE RESERVE THE RIGHT TO INVESTIGATE ANY ILLEGAL, SUSPICIOUS AND / OR UNAUTHORIZED USE OF OUR SERVICES AND WE WILL TAKE ANY LEGAL RECOURSE THAT WE DEEM APPROPRIATE. Furthermore, we MAY ALSO REFER ACTIVITIES THAT WE DEEM SUSPICIOUS OR ILLEGAL TO THE PROPER GOVERNMENTAL AUTHORITIES FOR THEIR INVESTIGATION.
OUR PROPRIETARY RIGHTS Our Service and all logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the same (collectively referred to as "Our Content") are exclusively owned and/or controlled by us. UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS PROHIBITED.
MONEY BACK GUARANTEE Our Partial Money Back Offer is described on our Pricing page and is subject to change at any time. As our client, you hereby release us from any and all claims or liability related to any action or inaction by people responding to your dating profile, including their failure to comply with the terms of the agreement. The functions and features of the Service are not warranted to be timely, secure or error-free.
LIMITATION OF LIABILITY YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE AND OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
INDEMNIFICATION You agree to indemnify, defend and hold us harmless and our affiliates, officers, directors shareholders, and agents for any and all loss, cost, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: your breach of the Agreement; your use or misuse of the Service; your violation of any law or the rights of any third party; and/or (iv) your interaction with other Service users.
TERMINATION You may terminate your participation at any time by discontinuing use of the Service. If you have a dispute with us or with the Service, immediately cease all use of the Service. Ceasing all use of the Service is your only remedy with respect to any such dispute that you may have with us. You agree that any notice to us shall be made via email to mark@birthdatematch.com. If the notice concerns your withdrawal from the Service, it will be effective within a reasonable time after we receive it.
CHANGES TO SERVICES AND TERMS OF THE AGREEMENT From time to time, we may modify, suspend, or discontinue any feature, or add new features associated with the Service. We shall not be liable to you for any addition, modification, suspension, or discontinuance (in part or wholly) to or of the Service and/or features associated with the availability or use of Content. We may establish additional policies and practices concerning use of the Service. Accordingly, we reserve the right to change any term of this Agreement (in part or in whole) at any time, with or without prior notice. The last revised date above notifies you of the day we lasted updated the terms and conditions. When we add new features that do not materially affect the services and terms of the agreement, we may not update this Agreement. Such new features are provided pursuant to the terms of this Agreement, and any specific terms provided with each feature. We may also notify you of any such changes via the email address linked to your Account.
FOR EDUCATIONAL, INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY Users of our Service understand that the content provided on this website and the Services rendered are intended for entertainment purposes only, is not intended to be taken as factual or authoritative, is made available to you for your own personal use and should not be used as a substitute for professional advice and/or information.
THIRD PARTY SITES Some Third Party Sites may provide links to our Main Site. We do not share Member profiles or other information with these Third Party Sites. However, before directing you to our Main Site, these Third Party Sites may collect data or solicit personal information from you. We neither own, operate, nor control such Third Party Sites and are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any Third Party Site that links to our Service before providing that Third Party Site with your data.
PRIVACY We collect and use information about you and your use of the Service and Content for the purpose of making the same available to you and for developing and improving the Service. Please review our Privacy Policy for more information at: https://www.rcmfusion.com/privacyPolicy.
MINORS Underage use of our Service is prohibited. Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act ("COPPA") and we will not knowingly request or collect personal information from any child under the age of majority. If a child under 18 submits personal information to us, and we learn that such information is of a child under 18, we will make commercially reasonable efforts to delete the information as soon as possible. BY REGISTERING FOR AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT OVER THE AGE OF 18, HAVE THE CAPACITY TO CONSENT, AND AGREE TO BE PERSONALLY BOUND BY ALL THE TERMS OF THIS AGREEMENT.
COMMUNICATIONS By agreeing to the terms of this Agreement, you consent to receive communications sent from or on behalf of us regarding the Service, Content, and/or your rights and obligations under this Agreement.
GENERAL Governing Law. Regardless of where you live or from which physical location you access our Service, the substantive and choice of law provisions of the country of New Zealand shall apply to this Agreement and your access and use of the Service, and any action related thereto. Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement or the Privacy Policy shall not constitute a waiver of such right or provision. Alternative Dispute Resolution. By entering into this Agreement, you agree that, if any dispute arises out of or in any way related to this Agreement and/or your use of the Service, any and all such disputes shall be resolved by submission to binding arbitration in New Zealand. We mutually agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. Class Action Waiver. Except as otherwise required under applicable law, we mutually intend and agree that neither will assert any class actions or representative actions, nor will such actions or procedures apply in any arbitration pursuant to this Agreement; we mutually agree that neither will assert class action or representative action claims against the other in arbitration or in any other proceeding or action; and you shall only submit your own, individual claims in arbitration and will not seek to represent the interests of any other person.
QUESTIONS If you have any questions about this Agreement, please contact us at: Mark@birthdatematch.com Birth Date Match
MEMBER’S AGREEMENT BY TICKING "I AGREE", I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT I CONSENT TO ITS TERMS AND CONDITIONS.