MettaFind Terms of Use
Last Updated May 2024
​
Please read these Terms of Use carefully. They include a binding arbitration provision in Section 19 requiring arbitration of disputes on an individual basis and a waiver of jury trials and class actions.
​
Welcome and Introduction to MettaFind
MettaFind is owned and operated by MettaFind, Inc. ("we," "us," "our," or "MettaFind"). By using our website located at www.mettafind.com (the "Website"), our mobile software application (the "App"), any other applications, tools or other related services offered by us, including, but not limited to our newsletter (collectively, the "Services"), you acknowledge that you have read and understood the most recent version of our Terms of Use; you also acknowledge that you accept and agree to be bound by (i) these Terms of Use and all subsequent modifications thereof; (ii) our Service Agreement and Cancellation and Refund Policy, each of which is incorporated by reference into these Terms of Use, and (iii) any additional terms disclosed to you if you purchase or have purchased additional features, products, or services we offer with the Service(s).
Your privacy is important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read our Privacy Policy carefully, and use it to help make informed decisions. Pursuant to the Privacy Policy, we will not disclose your photos or identifying information without your permission to prospective matches, nor theirs to you.
MettaFind reserves the right, in our sole discretion, to change these Terms of Use at any time. Such changes will become effective upon notification, which we may effect by sending you notice by email and/or posting a revised Terms of Use on the Website or App, and your use of the Services after such notice constitutes acceptance by you of the changes. You agree to review the Terms of Use periodically to be aware of any such revisions.
Please review these Terms of Use before using the Services. If you do not accept and agree to be bound by these Terms of Use, please do not use the Services. By using the Services, you are agreeing to be bound by these Terms of Use and each of the other agreements specifically incorporated by reference.
The Services may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. MettaFind's direct competitors are prohibited from accessing the Services, except with MettaFind's prior written consent.
-
Right to Cancel Matchmaking Services
​
For Club Members and Club Members Plus refunds are available until the member has been presented with a match opportunity.
For VIP subscripers:
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: You, the buyer, may cancel this contract (the "Terms of Use" or "Agreement") and receive a full refund, without any penalty or obligation, at any time prior to midnight of the third business day following the date you first submit payment for the applicable service package, excluding Saturdays, Sundays, and legal holidays.
For residents of California, Colorado, Illinois, North Carolina, and Ohio: In the event that you die before the end of your Services, your estate shall be entitled to a refund of that portion of any payment you had made for your Services which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your Services, you shall be entitled to a refund of that portion of any payment you had made for your Services which is allocable to the period after your disability by providing MettaFind notice in the same manner as you request a refund as described below.
For residents of Iowa, New York, and Ohio who wish to cancel these Terms of Use must sign the applicable Notice of Buyer's Cancellation set forth in the form attached as Exhibits A (Iowa), B (New York), or C (Ohio).
For residents of Arizona, California, Colorado, Connecticut, Illinois, Minnesota, North Carolina, Rhode Island, and Wisconsin, notice of cancellation need not take a particular form and is effective if it indicates your desire to not be bound by these Terms of Use. To cancel these Terms of Use, send an e-mail that states that you, the buyer, are canceling these Terms of Use, or words of similar effect, to admin@mettafind.com. Alternatively, you may mail or deliver a signed and dated notice to: MettaFind, Inc., 411 W 1st St Unit #501, Sanford, FL 32771 United States.
Exhibit D sets forth additional specific-state laws regarding buyers' rights and requirements for notices of cancellation. As used herein, the "date of this contract" means the date you accepted these Terms of Use and were bound thereby.
Matchmaking Services will not be offered for purchase through the MettaFind Mobile App and all cancellations and refunds related to Matchmaking Services will be handled directly by MettaFind. Refunds for “In-App” purchases are handled by Apple, not MettaFind. You can request a refund for those purchases from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. All other requests for a refund may be made by contacting Customer Success at admin@mettafind.com or by mail as set forth in our Cancellation and Refund Policy.
2. Eligibility
You must be 18 years of age or older to visit, register, or use in any manner the Services. By visiting, requesting to use, registering to use, or using the Service, or accepting the Terms of Use, you represent and warrant to MettaFind that you will use the Services in a manner consistent with any and all applicable laws and regulations and that you:
-
are 18 years of age or older;
-
have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use;
-
have never been charged, indicted, convicted of or pleaded no contest to a felony, a sex crime, or any crime involving violence;
-
have not previously been removed from our Service by us, unless we have given you express written permission to create a new account;
-
are not required to register as a sex offender with any government entity;
-
are not married (although you may be separated with a divorce pending so long as you properly disclose your true marital status) and that you are using the Services for bona fide-relationship-seeking purposes;
-
are not otherwise barred from using the Service under the laws of any state, the United States, or other applicable jurisdiction.
If at any time you do not comply with these requirements, you must delete your account immediately. In addition, if MettaFind learns that you do not comply with the requirements above or that you provided false or misleading information, MettaFind will delete your account.
YOU UNDERSTAND AND AGREE THAT METTAFIND IS NOT OBLIGATED TO CONDUCT CRIMINAL SCREENINGS OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR TO OTHERWISE INQUIRE INTO THE BACKGROUNDS OF ITS USERS AS DEFINED BELOW, ALTHOUGH IT MAY DO SO AT ITS DISCRETION. IF YOU PURCHASE A CLIENT SUBSCRIPTION METTAFIND WILL CONDUCT A SCREENING, OF AVAILABLE PUBLIC RECORDS, ON YOU, FOR ANY CRIMINAL HISTORY (“CRIMINAL RECORDS SCREENING”). IF YOU ARE A MEMBER OR RECRUIT AND GET SELECTED FOR A DATE, METTAFIND WILL CONDUCT A CRIMINAL RECORDS SCREENING ON YOU. ALL OTHER CRIMINAL RECORDS SCREENINGS WILL BE PERFORMED AT METTAFIND’S DISCRETION. METTAFIND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF METTAFIND’S USERS OR THE INFORMATION USERS PROVIDE TO METTAFIND. HOWEVER, WE RESERVE THE RIGHT TO CONDUCT—AND YOU HEREBY AUTHORIZE US TO CONDUCT—ANY CRIMINAL OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) ON YOU AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF WE DECIDE TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE US TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.METTAFIND RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR ACCOUNT, WITHOUT REFUND, IN THE EVENT THAT ANY SCREENING WE CONDUCT ON YOU SHOWS THAT YOU ARE NOT ELIGIBLE FOR THE SERVICES OR ARE NOT IN COMPLIANCE WITH THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT METTAFIND CONDUCTS A CRIMINAL RECORDS SCREENING ON YOU METTAFIND WILL HAVE NO OBLIGATION TO PROVIDE YOU WITH A COPY OF SUCH SCREENING OR ANY OTHER SCREENING MATERIALS OR ANY OTHER INFORMATION RELATED THERETO AND METTAFIND RESERVES THE RIGHT TO MAKE CHANGES TO YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO REVOKING ACCESS TO THE SERVICE OR TERMINATING YOUR ACCOUNT BASED ON THE RESULTS OF SUCH CRIMINAL RECORDS SCREENING.
​
3. Usage, Subscriptions, and Services Mobile Application End Use License (“EULA”) and Restrictions.
if you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited license (the “App License”) to (a) install and use the App on wireless electronic devices owned or controlled by you ("Mobile Device") for your personal, non-commercial use strictly in accordance with these Terms of Use, and (b) to access and use the content that we provide on or through our Services ("Content") and that is made available in or otherwise accessible through the App on such Mobile Device strictly in accordance with these Terms of Use. In this agreement, “Content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on Users’ profiles and in direct messages between Users. The App is licensed to you, NOT SOLD. In exercising your license to use the App, you shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or any third party licensors; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended: (6) make the App available over a network or other environment permitting access or use by multiple devices or Users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any Apps, accessories, or devices for use with the App.
Reservation of Rights. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Use. MettaFind and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.
Third Party App Store, Apple & Android Devices. The following terms apply when you download and use the App from a third party app distributor (referred to as an “App Distributor”) through an app store such as the Apple Store or Google Play ("Third Party App Store" or "App Store"). The App License is concluded between MettaFind and you only, and not with the Third Party App Store, and MettaFind, not the Third Party App Store, is solely responsible for the App and the Content thereof. The App License granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service or other applicable contract. To the extent that these Terms of Use provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service or other applicable contract of the Third Party App Store from which you obtain the App, the more restrictive or conflicting terms of the Third Party App Store will take precedence and will apply. In exercising your license to use the App you acknowledge and agree as follows:
(1) MettaFind, not the App Distributor, is responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this App License contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.(2) MettaFind, not the App Distributor, is solely responsible for any product warranties, subject to the terms of this Terms of Use (including but not limited to Section 16 - Disclaimers/Limitation of Liability). The App Distributor has no warranty obligation whatsoever with respect to the App, and as between you and MettaFind any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MettaFind.(3) MettaFind, not the App Distributor, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.(4) The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.(5) You must comply with all applicable third-party contracts when using the mobile App, e.g., if you have a VoIP App, then you must not be in violation of such App Distributor's wireless data service agreement when using the App.(6) The App Distributors are third-party beneficiaries of the terms and conditions in this App License contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this App License contained in these Terms of Use.(7) You will use the most recent version of the App.(8) By accessing or downloading the App from the Apple App Store, you are agreeing to Apple’s Licensed Application End User License Agreement (“Apple Terms”) and other terms and conditions provided by Apple.
Termination of Mobile App Use License. Without limiting the generality of MettaFind's rights set forth in Section 4, MettaFind may, in its sole and absolute discretion, at any time and for any reason, suspend or terminate this App License and the rights afforded to you hereunder with or without prior notice, and without liability to you. Furthermore, if you fail to comply with any terms and conditions of this App License, then this App License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by MettaFind. Upon the termination of this App License, you shall cease all use of the App and uninstall the App.
Services. Provided you are eligible to fully utilize or access the Services, you must purchase or choose from one (1) of five (5) types of Services to become a User (“User”) as outlined below.
(1) A VIP Client Service (“VIP Client Service”) includes: Your own Match Advocate(s), an account manager, a dating and relationship coach (“Coach”, see description under “Dating and Relationship Coaching”), dating Candidate matches, curated dates, comprehensive post-date feedback, and priority status within MettaFind's exclusive database. You will receive targeted Candidate recruiting and nation-wide matching. As part of your VIP package you will receive: date coaching and date etiquette advice, relationship-building tips, personalized insight and understanding from an experienced Match Advocate in the dating industry, and other Services. Additional information on the VIP Client Subscription can be found in the Service Agreement.(2) A Classic Client Service (“Client Service”) grants a User ("Client") access to the full range of features and products within the Services. The Client Service includes the services of a MettaFind Match Advocate team. Matchmaking services consist of a Welcome Meeting with a Match Advocate, searching the candidate database, targeted candidate recruiting if applicable as VIP Clients, screening potential candidates for dates, date planning, and date feedback. Searches are conducted via the MettaFind proprietary platform technology. Additional information on the Classic Client Subscription can be found in the Service Agreement.(3) A Video Connect Service. Video Connect dates take place solely over video platform for a designated duration. Video Connect Clients will be matched with other Video Connect Clients and may be selected for matching with VIP or Classic Clients. Additional information on the Video Connect Client Service can be found in the Service Agreement.(4) A Member Service (“Member Service”) grants a User ("Member") inclusion into the database for matching with MettaFind Clients, as defined in our Service Agreement. Members are screened for planned dates with Clients and receive post-date feedback. Dates are not guaranteed. Subject to MettaFind’s Client approval process, a Member Service may be upgraded to a Client Service at any time. Additional information on Member Services can be found in the Service Agreement.(5) You may also be invited by a MettaFind Match Advocate to be included in the MettaFind database for matching with MettaFind Clients ("Recruit Service") as a Recruit. Recruits are screened for dates with Clients and may, but are not guaranteed to, receive post-date feedback. Dates are not guaranteed. A Recruit Service may be upgraded to a Client Service or Membership Service at any time.
6. Registration and Illegal and Unauthorized Use
You will be required to register with the Service. You represent and warrant that: (1) all registration information you submit will be true, accurate, and complete; (2) you will maintain accuracy of such information and promptly update such registration information as necessary. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Once you've registered on the Service, the account you create is for your personal use only. You may not access or use the Service for any purpose other than that for which we make them available. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You shall not engage in any Illegal and/or unauthorized use of the Service, including but not limited to:
-
Collecting personal information, usernames, or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, unauthorized embedding, unauthorized framing of or linking to the Service;
-
Systematically retrieving data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
-
Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein;
-
Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords; and
-
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
MettaFind has the right to investigate and take appropriate legal action, including without limitation, civil, criminal, and injunctive relief, or refer you to applicable law enforcement authorities if you have misused the Services, taken any actions in defiance of these Terms of Use or the Privacy Policy, or if you have conducted actions that are fraudulent, abusive, harmful, unlawful, or illegal.
​
7. Your Account Security
You are responsible for keeping your password for the Service confidential. You are responsible for all actions and activities that occur under your username and password. MettaFind will not be held liable for any damage or loss arising from your inability to comply with this provision. To help keep your username and password secure and confidential, we recommend that you log out of your account at the end of each session, especially when on a public machine. If you feel that your username and password have been breached, or that your account has had unauthorized use, you will immediately notify MettaFind.
​
8. Communication and Privacy
MettaFind will only communicate with you or someone expressly authorized by you to communicate with us on your behalf. If you wish to allow an agent, representative, or someone other than yourself to communicate on your behalf you will need to provide us with written authorization. MettaFind may provide you with emails, text messages, push notifications, alerts and other messages related to the Services, such as enhancements, special offers, products, events, and other promotions. We may use your email address, phone number, or MettaFind account to contact you about important changes to the Services. As a MettaFind User you agree to receive communications in the following manner and subject to the associated terms:
-
Text messages and phone calls. By registering as a User, you hereby expressly consent to receive text messages and/or phone calls in connection with the provision of the Services. Standard messaging and data rates may apply. You must notify us in advance if you cancel or change your mobile phone number attached to your account. To do so, please contact Customer Success at admin@mettafind.com. Additionally, if you do not want to receive such messages, you can cancel the SMS service at any time. Just text "STOP" to the short code or please contact Customer Success at admin@mettafind.com. Please see MettaFind’s Short Code Terms of Service [SMS Terms] for a full description of our promotional messaging program.
-
Auto-Subscription. As a User, you will be auto-subscribed to our weekly blog email. You may unsubscribe from the blog at any time, but we will continue to send you any Service-related messages. We may use your email address, phone number, or MettaFind account to contact you about important changes to the Services or special offers.
-
Chatbots. MettaFind may use chatbots in order to communicate with you through the Service. By registering as a User you hereby consent to the use of chatbots. For more information, please see our Chatbot Disclaimer here: Chatbot Disclaimer.
-
Push Notifications. After downloading the App, 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 App, you may opt out by changing your notification settings on your Mobile Device.
-
Location Based Services and Notifications. The App may make available opportunities for you to view certain Content and receive other products, services, and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth, and/or software within your Mobile Device. If you have set your Mobile Device to disable GPS, Bluetooth, or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific Content, products, services, and materials.
For more about how the Services use and retain your information, and the rights you have with the respect to your data and how we use it, please read the Privacy Policy.
Neither MettaFind, nor its Match Advocates, nor any MettaFind employee, will ever ask you to meet in person for any purpose whatsoever. MettaFind is not affiliated with any other dating or matchmaking services and any person or entity that claims they are affiliated with us is fake. We will never contact you to ask you for your account details or log-in credentials. MettaFind is not liable for the conduct of any individual impersonating a MettaFind Match Advocate or representative and is not responsible for the behavior of any User. If you have been contacted by anyone requesting your personal and/or account information and claiming to be associated with MettaFind, or requesting to meet in person, please let us know at admin@mettafind.com.​
​​
9. Interactions with Your Match Advocate
Match Advocate collaborations thrive when Clients trust their Match Advocates' strategies and choices. If: (a) you consistently or repeatedly refuse an introduction to selected matches; (b) you exhibit a problematic or repeated lack of availability to either the Match Advocate or to your matches; (c) matches report to us that you behaved poorly; (d) you provided false or misleading information to either us or to selected matches; (e) you consistently engage in poor conduct towards your Match Advocate; or (f) you violate any of the terms of any of your agreements with us, we will work with you in good faith to try to promptly resolve such issues. However, if we are unable to resolve these issues with you, we reserve the right, in our sole discretion, to terminate your account without liability to MettaFind. You will then lose any unused matches and you will not be entitled to a refund for the Services.
The MettaFind team periodically reviews our Clients' experiences and we may reach out to facilitate a Match Advocate change to improve your overall experience or provide a fresh perspective. To explore a Match Advocate change at any time, contact Customer Success at admin@mettafind.com. MettaFind will, in its sole discretion, determine the appropriate Match Advocate for the change.
10. Interactions with Other Users
Though MettaFind strives to encourage a respectful user experience, it is not responsible for the conduct of any User. You agree to use caution in all interactions with other Users.
YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. FORMAL CRIMINAL BACKGROUND SCREENINGS AND OTHER TOOLS ARE NOT A PERFECT SAFETY SOLUTION AND DO NOT GUARANTEE YOUR SAFETY. CRIMINAL BACKGROUND SCREENINGS ARE NOT FOOLPROOF AND MAY GIVE USERS A FALSE SENSE OF SECURITY. CRIMINALS MAY STILL CIRCUMVENT EVEN THE MOST SOPHISTICATED SEARCH TECHNOLOGY. ONLY PUBLICLY AVAILABLE CONVICTIONS ARE INCLUDED IN THE SCREENING, AND NOT ALL CRIMINAL RECORDS ARE PUBLIC AND/OR UP TO DATE IN ALL STATES. SCREENINGS DO NOT COVER OTHER TYPES OF CONVICTIONS OR ARRESTS FROM FOREIGN COUNTRIES. METTA FIND, INC. DOES NOT CONDUCT FINANCIAL BACKGROUND CHECKS EXCEPT IN OPTIONAL LIMITED CIRCUMSTANCES AND EXTENT FOR VIP CLIENTS. IF YOU ARE IN IMMEDIATE DANGER, PLEASE CALL 911 OR YOUR LOCAL EMERGENCY SERVICES NUMBER. IF YOU'VE HAD A BAD EXPERIENCE WITH A MATCH OR USER FROM METTA FIND, INC., WE ENCOURAGE YOU TO REPORT THOSE INCIDENTS OR INDIVIDUALS TO OUR TRUST & SAFETY TEAM, SO WE CAN FURTHER INVESTIGATE AND TAKE ACTION: ADMIN@METTAFIND.COM. WE ENCOURAGE YOU TO PRACTICE THE FOLLOWING SAFETY GUIDELINES, AMONG OTHER PRECAUTIONS:
-
Your Match Advocate will never orchestrate a date in a non-public or remote location. If someone pressures you to change locations to an isolated place or prematurely moves the date to their house, end the date and leave. Let your Match Advocate know.
-
Your Match Advocate, or any MettaFind associate, will never request to meet with you in person.
-
Always protect your personal information (e.g., address, Social Security number) and avoid sharing it with people you do not know. Don't reveal family members' names, places you frequently visit, or your birth date. It's okay to take it slow. 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.
-
Remember to pick a strong password and do not share it. Always be careful when logging into your account from a public or shared computer.
-
E-mail or text with caution and only after confident in your knowledge of someone. Until you get to know someone, insist on communicating via the Services and do not exchange your personal contact information.
-
Never send money or financial information online. If another MettaFind User asks you for money, please report it to us immediately.
-
Please immediately report to us anyone who violates our Terms of Use. Here are some examples of violations:
-
Requesting money
-
Underage users
-
Sending harassing, threatening, or offensive messages
-
Behaving inappropriately during or after a date
-
Creating fraudulent profiles
-
Spamming or soliciting, including providing links to commercial websites, or attempting to sell products or services
-
-
Tell a friend or family member about your date plans, including when and where you're going, with whom, and when you expect to return.
-
Carry your fully charged cell phone with you at all times.
-
Drive yourself or use a ride-share app to get to and from your date location, so you can leave if and when you want to.
-
You know your limits with drug and alcohol consumption better than anyone. If your date tries to pressure you to use drugs or drink more than you're comfortable with, end the date.
-
Never leave drinks or personal items unattended.
-
Don't ignore your own instincts. If a situation is making you uneasy, don't hesitate to call a friend or alert your server. It's okay to leave the date immediately if you feel uncomfortable.
-
It is reasonable and within your rights to have an honest conversation with a partner about sexual contact before having it, including asking the last time someone was tested for STIs.
-
When used properly and consistently, condoms and other protection can reduce the risk of contracting or passing on an STI, such as HIV. However, it is possible to get certain STIs, like herpes or HPV, from contact with your partner's skin even when using a condom.
-
All sexual activity must start with consent. Verbal communication can help you and your partner ensure that you respect each other's boundaries. Remember that consent can be withdrawn at any time. Never proceed if your partner is unsure, or if they are unable to consent due to alcohol or drugs.
METTAFIND MAKES NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS AS TO THE ACTIONS OR CONDUCT OF ITS USERS. EXCEPT AS SPECIFICALLY OFFERED WITH YOUR PACKAGE, METTAFIND MAKES NO GUARANTEES AS TO THE NUMBER OR FREQUENCY OF MATCHES MADE THROUGH YOUR USE OF THE SERVICES. ALSO, WE DO NOT GUARANTEE, WARRANT, ENDORSE, OR IMPLY COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. IN ABSOLUTELY NO EVENT SHALL METTAFIND BE LIABLE FOR ANY DAMAGES RESULTING FROM MESSAGES, COMMUNICATIONS, MEETINGS, OR ACTIONS WITH OTHER VISITORS AND USERS OF THE SERVICES. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES; THIS IS ESPECIALLY IMPORTANT IF YOU DECIDE TO MEET WITH OTHER USERS IN PERSON. IN ABSOLUTELY NO EVENT SHALL METTAFIND BE HELD LIABLE FOR ANY DAMAGES, IN ANY FORM, ARISING OUT OF OR RELATING TO YOUR OR ANYONE ELSE’S CONDUCT IN CONNECTION WITH THE USE OF THE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, THAT WE WILL NOT BE HELD LIABLE FOR ANY MENTAL INSTABILITY, EMOTIONAL DISTRESS, OR BODILY INJURY, WHETHER INDIRECT, DIRECT, INCIDENTAL, OR ACCIDENTAL, ARISING OUT OF OR RELATING TO YOUR OR ANYONE ELSE’S CONDUCT IN CONNECTION WITH THE SERVICES
​
11. The Rules
The following is a list of rules that govern your conduct in connection with your use of the Services. You represent, warrant and agree that:
-
You will not pretend to be any person or entity other than yourself, including falsifying your name and/or age on your profile.
-
You will not disclose information that you do not have the consent to disclose.
-
You will not provide any false, misleading, or otherwise fraudulent information including but not limited to your personally identifiable information, geographical residence, marital status, financial status, professional status, and any other information furnished by you as required to deliver the services to you.
-
You will disclose any prior criminal history, including arrest records, charges, indictments, convictions, acquittals, and any other information regarding any involvement in any criminal matter(s).
-
You will disclose any personal bankruptcy filings or dispositions, and any other information that would materially impact your approval as a MettaFind customer.
-
You will disclose any information that would impact or compromise MettaFind’s ability to provide you the Services.
-
You will not imply or state that any statements you make are endorsed by MettaFind without our prior written consent.
-
You will not use the Services to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people.
-
You will not use the Services to advertise or solicit for commercial goods or services.
-
You will review, and become familiar with, the Safety Tips.
-
You will not stalk, bully, intimidate, defame, or harass another User of the Services.
-
You will not stalk, harass, annoy, intimidate, threaten, or otherwise engage in any unreasonable conduct toward any User, nor toward any MettaFind employees, agents, or Match Advocates engaged in providing the Services to you.
-
You will not use the Services to transmit, upload, or distribute any electronic/computer viruses, spyware, adware, trojan horses, or anything else that might cause harm to other Users of the Services, MettaFind, the online community, or MettaFind systems.
-
You will not use a robot, spider, manual/automatic processes or devices to data-mine, data-crawl, scrape, or index the Service in any manner.
-
You will not hack or interfere with the Service, its servers, or any connected networks.
-
You will not modify the Services for your own personal or commercial purposes. This includes, but is not limited to, altering, adapting, licensing, sublicensing, or translating the Services. You also agree that you will not aid others in such activities.
-
You will not remove or alter, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us.
-
You will not forge, manipulate, or plagiarize messages, communications, headers, or identifiers to make it seem like such content is from MettaFind or its Users when in fact it is not.
-
You will not post, publish, display, or transmit in any way, any proprietary information, copyrighted material, and trademarks that do not belong to you without first obtaining the prior consent of the owner of such rights.
-
If you must reschedule or cancel a date, we require 48-hour notice.
-
Consistent or repeated refusal of matches, problematic lack of availability, or poor behavior on a date could lead to immediate termination of your account without refund, as stated in the "Interactions with Your Match Advocate" Section above.
-
You may "pause" the Services as set forth in the Cancellation and Refund Policy.
If MettaFind determines, in its sole discretion, that you have breached any portion of the Rules above or of these Terms of Use, or have otherwise demonstrated inappropriate conduct, MettaFind reserves the right to: (a) warn you that you have violated the Terms of Use; (b) delete the content you uploaded or provided while using the Services ("Your Content"); (c) suspend or terminate your account or any subscriptions without refund; (d) notify and/or send Your Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) pursue any other action which MettaFind, in its sole discretion, deems to be appropriate. If your services are terminated for the conduct described above or for violating any of the Rules set forth in this Section then you will forfeit unused Services and not be entitled to a refund.
12. Content Provided by You
You acknowledge that when you download, install, or use the App, MettaFind may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this App is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Except where agreed otherwise, Content provided to us through the Services shall remain your sole and exclusive property. You are responsible and liable for all of the Content that you provide, publish, display, or upload in connection with your use of the Services. You are also responsible for any Content that you provide or transmit to other Users and will indemnify, defend, release, and hold us harmless from any claims made in connection with your Content. You agree that you will not provide any inaccurate, misleading, or false information to MettaFind or any other User. If information provided to MettaFind or another User subsequently becomes inaccurate, misleading, or false, you will immediately notify MettaFind of such change.
As a default, MettaFind does not share profile information, including photos, between its Users. However, from time to time and at MettaFind’s sole discretion, MettaFind may allow you to opt-in to allowing MettaFind to share your profile photos and profile details (“profile sharing”) on the MettaFind Mobile App, and via your use of the Services. Opting-in to profile sharing will require your express consent via an “opt-in” checkbox made available during onboarding. If you do not opt-in to profile sharing during onboarding and wish to do so, or decide to opt-out at any time, you can email us at admin@mettafind.com, and we can opt-in or opt-out for you. The opt-in does not guarantee that your profile will be shared with Users and profile sharing shall be at the sole discretion of MettaFind. In all other cases and pursuant to the Privacy Policy, we will not disclose your photos or identifying information, without your consent, to any MettaFind Users, nor theirs to you.
All information you provide to us must be accurate, current, and complete. You may not use the Services to provide, display, or transmit any defamatory, inaccurate, digitally altered, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material and doing so may result in MettaFind terminating your account without a refund. Also, you may not provide, publish, display, or transmit any material that infringes on or violates another party's rights (including but not limited to intellectual property rights, rights of privacy, rights of publicity, and copyright rights). We encourage you to report to us any inappropriate content or misconduct that you become aware of on the Services.
We reserve the right to publish non-identifying quotes and remarks from your date feedback or Match Advocate reviews at any time and without notice. MettaFind further reserves the right at any time and without notice to review and delete any offensive content, messages, photographs, or files that, in the sole judgment of MettaFind, violate these Terms of Use or which might be offensive or illegal, or that might violate the rights, harm, or threaten the safety of yourself or other Users. We also reserve the right to terminate the accounts of violators at any time and without notice. If your Services are terminated for violating this Section, then you will forfeit unused Services and not be entitled to a refund. MettaFind, in our sole discretion, reserves the right to look into, investigate, and take appropriate legal action against anyone who violates these Terms of Use. The following is a list of the kind of content that is illegal or prohibited in connection with your use of the Services:
-
Content that is likely to advocate, endorse, condone, or promote harassment of others, or Content that actively or indirectly harasses, upsets, embarrasses, alarms, or annoys others.
-
Content that is offensive and harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals. Including, for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance.
-
Content that involves the creation or transmission of spam, unsolicited mail, junk mail, chain letters, advertisements, or commercial solicitations.
-
Content that asks for or solicits passwords or personal information from other Users.
-
Content that impersonates any other person, including falsely stating your name.
-
Content that engages other Users in promotional or commercial activities, or sales without MettaFind's prior written consent, including, but not limited to, sweepstakes, contests, pyramid schemes, or advertising.
-
Content that provides materials or access to materials that exploits people in an abusive, violent, or sexual manner. Including Content that is obscene, pornographic, violent, or otherwise may offend human dignity (including, for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance, or is harmful to minors).
-
Content that you know, or should reasonably know, is false, inaccurate (including unreasonably altered or manipulated images via the use of Artificial Intelligence “AI”), misleading, or promotes illegal activities.
-
Content that is abusive, threatening, libelous, or defamatory.
-
Content that is, uses, promotes, or links to an illegal or unauthorized copy of another person's copyrighted work or intellectual property.
-
Content that provides instructions on how to conduct, or that advocates for, illegal activities.
By providing Your Content to MettaFind, you are granting, and represent and warrant that you have the right to grant MettaFind, an irrevocable, perpetual, transferable, sub-licensable, non-exclusive, fully paid, royalty-free, worldwide license to host, store, use, integrate in other works, copy, alter, adapt, edit, display, publish, reproduce, translate, and market Your Content for the purposes of allowing us to provide the Services hereunder or for otherwise fulfilling our obligations under this Agreement. MettaFind's license to Your Content shall be non-exclusive, except that MettaFind’s license shall be exclusive with respect to derivative works created through use of our Services. For example, MettaFind would have an exclusive license to screenshots of our Services that include Your Content. You agree that use of Your Content by MettaFind in public postings, marketing uses, and other areas will not infringe on or violate the rights of any third party and you shall indemnify us as set forth in Section 14 below in the event Your Content does so.
13. Copyright, Trademarks, and Other Proprietary Information
You agree not to post, publish, display, reproduce, or transmit any Content, copyrighted material, trademarks, intellectual property, or other proprietary information without having obtained prior consent of the owner of the rights to such proprietary information. If your use of the Services is terminated for violating this Section, then you will forfeit unused Services and not be entitled to a refund. If you believe that someone or some entity has copied or posted your work or proprietary information in association with MettaFind and its Services in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:
-
A physical or electronic signature of the individual or entity who owns the copyright;
-
A description of and URL link to the copyrighted work that you believe has been infringed upon;
-
Your postal mailing address;
-
Your telephone number;
-
Your email address; and
-
A written statement by you that you believe, in good faith, that the usage of the work is not authorized or consented upon by the rightful copyright owner.
-
A written statement made by you, under penalty of perjury, that the information in your copyright claim is completely accurate and that you are in fact the rightful copyright owner, or that you have authorized consent to act on the copyright owner's behalf.
Send claims by email to: admin@mettafind.com
Or by mail to:
MettaFind, Inc. 411 W 1st St Unit #501 Sanford, FL 32771 United States
​
14. Our Proprietary Rights
Our Service contains trademarks, copyrighted material, intellectual property, and other proprietary information of MettaFind. We own, control, or retain licenses to all proprietary rights in the Services. You cannot copy, alter, duplicate, transmit, post, publish, display, sell, or publish any of our proprietary information, unless the information is in the public domain or we have given you explicit written permission. No rights are granted to you hereunder other than as expressly set forth herein.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Services (collectively "Feedback"), we may use the Feedback to modify the Services, and you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make/have made derivative works, and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
15. No Warranties or Guarantees
MettaFind does not warrant, and is not responsible for, any inaccurate or incorrect Content that is provided or transmitted by our Users, or that is associated with the Services in any way. We are not responsible for the actions, words, or conduct, whether online, offline or otherwise, by any User of the Services. We are not responsible for any errors or delays in communications between Users. We are not responsible for the Content of messages or in-person communications between Users. We are also not responsible for any unauthorized access to the accounts of our Users. MettaFind is not responsible for any damage to Users, including but not limited to, loss, damage, personal injury, theft, or death resulting from anyone's use of the Services. We are not responsible for any technical malfunction, failure, or damage to your computer as a result of using or visiting the Services.
As confident as we are in our matchmaking abilities, MettaFind does not guarantee that using the Services will result in meeting someone offline or online, and we do not guarantee that using the Services will result in any type of relationship or relationship potential between you and another person or group of people. MettaFind does not guarantee your compatibility with any other Users of the Services, whether recommended, suggested, or not. Any advice that may be posted on the Service is for entertainment purposes only, and you agree that it is not to be used to substitute for any professional relationship, or medical, financial, legal, or other advice.
16. Disclaimers, Limitation of Liability
YOU UNDERSTAND AND AGREE TO USE THE SERVICES AT YOUR OWN RISK. METTAFIND'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, METTAFIND, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, METTAFIND PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
METTAFIND PROVIDES PERSONAL MATCH ADVOCATE SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF THE INFORMATION PROVIDED BY ANY USER TO METTAFIND, OUR PARTNERS, OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS OF USE, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THESE TERMS OF USE, OR ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL METTAFIND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY METTAFIND AS WELL AS ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE METTAFIND SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SERVICES, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER METTAFIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL METTAFIND BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER THIS AGREEMENT FOR DAMAGES THAT EXCEED THE AMOUNTS PAID BY YOU TO METTAFIND UNDER THIS AGREEMENT.
THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
​
17. Indemnity and Release
You agree to hold harmless, defend, and indemnify MettaFind, all officers, founders, executive management, subsidiaries, licensors, advertisers, merchants, licensees, directors, owners, partners, agents, affiliates, advisors, and employees against and from all losses, claims, demands, costs, liability(ies), lawsuits, damages, expenses, and attorney's fees due to, arising from, or relating in any way to your access to or use of our Services, Your Content, your conduct toward others, or your breach of these Terms of Use or the Privacy Policy. You agree to cooperate fully with MettaFind as is required by such a claim. MettaFind has the right, at its own costs and in its sole discretion, to fully and exclusively defend itself in relation to any claim of indemnification by you.
You hereby release MettaFind and all officers, founders, executive management, subsidiaries, licensors, advertisers, merchants, licensees, directors, owners, partners, agents, affiliates, advisors, and employees from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to any interactions with or conduct of other Users of any kind arising in connection with or as a result of these Terms of Use or from your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
​
18, Interactions with Third Parties, External Sites, and Social Media
The Services may contain links to third party websites that are not owned or controlled by MettaFind, or that may be accessible by logging in through a third party website, as described more fully in our Privacy Policy. As part of the functionality of the App, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by providing your Third-Party Account login information through the App. You hereby represent and warrant that you have read, understand, and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. MettaFind has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices of, or opinions expressed in any third party websites. In addition, MettaFind will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless MettaFind from any and all liability arising from or in any way connected to your use of any third party website.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that MettaFind shall not be responsible or liable for any loss or damage of any sort incurred as the result of or in any way connected to any such dealings. If there is a dispute between participants on this site, or between Users and any third party, you understand and agree that MettaFind is under no obligation to become involved.
19. Arbitration, Class-Action Waiver, Jury Waiver, and Governing Law
METTAFIND AND USER SHALL RESOLVE ANY DISPUTES BETWEEN THEM EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS METTAFIND AND USER WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION OR A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you have a dispute, we hope to resolve it as quickly and easily as possible. First discuss your dispute with Customer Success at admin@mettafind.com. If Customer Success is unable to resolve your dispute, you agree that either MettaFind or you can initiate arbitration as described in this Section. Arbitration is an alternative to litigation where a neutral person, the arbitrator, hears and decides the parties' dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. Binding arbitration means the decision of the arbitrator is final and enforceable. A dispute is any unresolved disagreement between MettaFind and you. A dispute also includes a disagreement about the meaning of this Section, application, or enforcement. The arbitrator shall decide any dispute under these Terms of Use. The following procedures apply to all arbitration proceedings involving MettaFind and User.
The arbitrator’s fee and other costs associated with any arbitration related to a non-frivolous claim will be divided equally between the parties unless the arbitrator, acting under Federal Rule of Civil Procedure 54(d)(1), elects to award these fees to the prevailing party. Attorney’s fees may be awarded to the prevailing party if expressly authorized by statute, or otherwise each party will bear its own attorney’s fees and costs.
Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration held in the state of your residence before one arbitrator. The arbitration shall be administered pursuant to JAMS's Streamlined Arbitration Rules and Procedures (https://www.jamsadr.com/rules-streamlined-arbitration/). The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms of Use or this arbitration provision's scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The one exception to the exclusivity of arbitration is that either party 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, any open arbitration between the parties shall be administratively closed. If an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Arbitration shall be conducted by written submissions only, unless either you or MettaFind invoke the right to an oral hearing before the arbitrator.
Any dispute regarding these Terms of Use, your use of the Services, your relationship with MettaFind, or any action contemplated by these Terms of Use shall be governed by the laws of the State of Delaware without regard to its conflict of law rules. You acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the governing law provision contained in this paragraph with respect to applicable substantive law, the arbitration provisions in these Terms of Use shall be governed by the Federal Arbitration Act.
EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF USING THE SERVICES, YOU AGREE THAT ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED TO THE SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND THAT YOU SHALL NOT COMMENCE, MAINTAIN, OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE ACTION OR PROCEEDING AGAINST METTAFIND.
If any provision related to this arbitration agreement is found to be illegal or unenforceable, then such provision shall be severed from this Section 19, but the rest of Section 19 shall remain enforceable and in full effect. MettaFind or you each can exercise any lawful rights or use other available remedies to:
- Preserve or obtain possession of property;
- Exercise self-help remedies, including setoff rights; or
- Obtain injunctive relief (including public injunctive relief), attachment, garnishment, or appointment of a receiver by a court of competent jurisdiction.
The substance of any disputes where public injunctive relief is available shall be decided by the arbitrator. Only if the claimant succeeds in its claim permitting the remedy of a public injunction may such claimant request that a court of competent jurisdiction enter an injunction in conformity with the arbitral award.
You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
20. SeverabilityThese Terms of Use, and the Service Agreement, Refund Policy, and Privacy Policy (collectively the “Agreements”) contain the entire agreement between you and MettaFind regarding the use of the Services. These Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use, and the Agreements, shall continue in full force and effect.
21. Miscellaneous
These Terms of Use are not assignable, transferable or sublicensable without the prior written consent of MettaFind.
Notwithstanding the foregoing, MettaFind may assign these Terms of Use in whole or in part. No agency, partnership, joint venture or employment is created as a result of these Terms of Use. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.Headings are for convenience only and have no legal or contractual effect. All notices under these Terms of Use shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email, or upon receipt, if sent by certified or registered mail, return receipt requested, except as otherwise provided by these Terms of Use. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. There are no third-party beneficiaries under this Agreement.
MettaFind shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
22. Questions, Concerns, CommentsIf you have any questions, concerns, or notices of violation of these terms, please email Customer Success at admin@mettafind.com or mail to:
MettaFind, Inc.411 W 1st StUnit #501Sanford, FL 32771Copyright © 2024 MettaFind, Inc.
EXHIBIT A
In Compliance with Iowa Code § 555A.3
NOTICE OF CANCELLATION
DATE OF TRANSACTION:
You may cancel this transaction, without any penalty or obligation, within three business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten business days following receipt of the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do not agree to return the goods to the seller or if the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to MettaFind, Inc. at 411 W 1st St, Unit #501, Sanford, FL 32771 United States not later than midnight of [INSERT BUYER'S LAST DAY TO CANCEL].
I hereby cancel this transaction.
​
---(Date)
---(Buyer’s signature)
EXHIBIT B
In Compliance with New York Consolidated Laws GBS § 394-c
NOTICE OF CANCELLATION
DATE OF TRANSACTION:
You may cancel this contract, without any penalty or obligation, within three (3) business days after the date of this contract by mailing this signed and dated notice of cancellation by certified or registered United States mail to the seller at the address specified herein. If you cancel, any payments made by you under the contract will be returned within ten (10) business days following receipt by the seller of your cancellation notice. To cancel this transaction, mail by certified or registered United States mail a signed and dated copy of this cancellation notice to:
MettaFind, Inc. 411 W 1st St, Unit #501 Sanford, FL 32771 United States
not later than: [INSERT BUYER'S LAST DAY TO CANCEL].
---(Date)
---(Buyer’s signature)
EXHIBIT C
​
In Compliance with Ohio Revised Code, Title 13, § 1345.44
NOTICE OF CANCELLATION
DATE OF TRANSACTION:
You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you have received your first service under the contract. The seller must also cancel and return to you within twenty business days any papers that you have signed.
To cancel this contract you must deliver in person, manually, by certified mail, return receipt requested, or by facsimile transmission, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send an electronic mail message to MettaFind, Inc. at 411 W 1st St, Unit #501, Sanford, FL 32771 United States or admin@mettafind.com not later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available when the contract was signed, not later than midnight of the seventh business day after the date on which the first service under the contract is available.
I hereby cancel this contract.
---(Date)
---(Buyer’s signature)
Exhibit D
If You Reside In:
​
California
You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to:
MettaFind, Inc. 411 W 1st St, Unit #501Sanford, FL 32771 United States
Alternatively, you may provide written notice of cancellation by email to admin@mettafind.com, or other electronic means of cancellation provided by the agreement or offer to purchase services.
Colorado
YOU, THE BUYER, MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS CONTRACT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS CONTRACT, MAIL OR DELIVER A SIGNED AND DATED NOTICE OR SEND A TELEGRAM THAT STATES THAT YOU, THE BUYER, ARE CANCELING THIS CONTRACT, OR WORDS OF SIMILAR EFFECT. SEND THIS NOTICE TO:
MettaFind, Inc.
411 W 1st StUnit #501
Sanford, FL 32771
United States
YOU, THE BUYER, MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS CONTRACT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS CONTRACT, SEND AN E-MAIL THAT STATES THAT YOU, THE BUYER, ARE CANCELING THIS CONTRACT, OR WORDS OF SIMILAR EFFECT. SEND THIS NOTICE TO: admin@mettafind.com.
Connecticut
You, the buyer, may cancel this contract at any time prior to midnight of the third business day after your receipt of this contract or after the social referral service has been made available for your use, whichever is later. See below the notice of cancellation for an explanation of this right.
NOTICE OF CANCELLATION[DATE OF TRANSACTION]
You may cancel this contract, without any penalty or obligation, within three business days after your receipt of this contract or after the social referral service has been made available for your use, whichever is later, by mailing this signed and dated notice of cancellation by certified or registered United States mail to MettaFind at the following address:
MettaFind, Inc.
411 W 1st StUnit #501
Sanford, FL 32771
United States
If you cancel, any payments made by you under the contract will be returned within ten business days following receipt by MettaFind of your cancellation notice.
​
​
Minnesota
MEMBER’S RIGHT TO CANCEL
If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to MettaFind. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to:
MettaFind, Inc.
411 W 1st St Unit #501
Sanford, FL 32771
United States
If you cancel, MettaFind will return, within ten days of the date on which you give notice of cancellation, any payments you have made.
​
​
New York
The following additional provisions(s) apply if you are a New York subscriber (as determined by the zip code you use at the time of your subscription):
- If you subscribe for any Service that exceeds a total amount of $25.00, MettaFind will provide a minimum of one match to you each month. In the event we do not provide at least one match for two or more successive months, you shall have the option to cancel this Agreement by notifying us in writing at the address stated in this Agreement and to receive a refund of all monies paid pursuant to the cancelled contract; provided, however, that MettaFind shall retain as a cancellation fee 15% of the cash price or a pro rata amount for the number of referrals furnished to you, whichever is greater. This shall be your sole remedy for MettaFind’s failure to provide at least one match to you each month.
- Except in connection with any merger, sale of company assets, reorganization, financing, change of control or acquisition of all or a portion of MettaFind’s business by another company or third party or in the event of bankruptcy, MettaFind will not, without your prior written consent, sell, assign or otherwise transfer for business or for any other purpose to any person any information and material of a personal or private nature acquired from a purchaser directly or indirectly including but not limited to answers to tests and questionnaires, photographs or background information. You acknowledge and agree that if you post any information, including photographs, to the Services for posting on your profile or other areas of the Services, such information will be publicly accessible, and you are consenting to the display of such information on the Services.
- All New York subscribers will be given a free annual membership subscription following the expiration of their service contract. If you wish to decline this offer then please email admin@mettafind.com within 30 days of the expiration of your service contract. If MettaFind does not receive notice of your intent to decline this offer within 30 days then the offer shall be deemed accepted. You may opt-out of your free annual membership at any time by contacting admin@mettafind.com.
- Except if you remain a MettaFind member, after the expiration of the term of your Client Agreement or at the expiration of the Services rendered by MettaFind, for any reason, all information and material of a personal or private nature acquired from you directly or indirectly including but not limited to answers to tests and questionnaires, photographs, or background information shall be returned to you by MettaFind by certified mail and/or deleted from any electronic storage devices within a reasonable amount of time.
- Our Services are widely available in the United States – if you believe that you have moved outside a location where we provide the Services, please contact us in writing via email to admin@mettafind.com or to MettaFind, Inc., 411 W 1st St Unit #501, Sanford, FL 32771 United States, and we will work with you to provide alternative services or a refund.
- Upon notice in writing and delivered via email to admin@mettafind.com or to MettaFind, Inc., 411 W 1st St Unit #501, Sanford, FL 32771 United States, you may place your membership on hold for up to one year.
- You may review the New York Dating Service Consumer Bill of Rights here.
​
North Carolina
You, the buyer, may cancel this contract at any time prior to midnight of the third business day after the date of this contract. To cancel, you must notify the seller in writing, delivered via email to admin@mettafind.com or to
MettaFind, Inc.
411 W 1st StUnit #501
Sanford, FL 32771
United States
You may review the North Carolina Buyer’s Rights.
​
Ohio
The following additional provisions apply if you are an Ohio subscriber (as determined by the zip code you use at the time of your subscription):
- All information and material of a personal or private nature that is acquired directly or indirectly from a buyer including but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by the seller to the buyer by regular mail within 30 days after the expiration of the contract or after the expiration for any reason the Services to be rendered by MettaFind.
- Performance of this Agreement will begin no later than 180 days from the date the Agreement is entered into.
- Our Services are widely available in the United States – if you believe that you have moved outside a location where we provide the Services, please contact us in writing via email to admin@mettafind.com or to MettaFind, Inc., 411 W 1st St Unit #501, Sanford, FL 32771, and we will work with you to provide alternative services or a refund.
​
Rhode Island
You, the buyer, may cancel this contract at any time prior to midnight of the third business day after your receipt of this contract. See the attached notice of cancellation for an explanation of this right.
NOTICE OF CANCELLATION [DATE OF TRANSACTION]
You may cancel this contract, without any penalty or obligation, at any time prior to midnight of the third business day after your receipt of this contract by mailing this signed and dated notice of cancellation by certified or registered United States mail to the seller at the following address: MettaFind, Inc., 411 W 1st St, Unit #501, Sanford, FL 32771. If you cancel, any payments made by you under the contract will be returned within ten (10) business days following receipt by the seller of your cancellation notice.
​
Wisconsin
CANCELLATION AND REFUNDS
Right to Cancel. You are permitted to cancel this contract until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying MettaFind by any writing mailed or delivered to MettaFind at the address shown on the contract, within the previously described time period. If you do so cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by MettaFind and arrangements will be made to relieve you of any further obligation to pay the same.