Neumate.com is a service for single adults to meet each other online, operated by Neumate, L.L.C. ("Neumate.com"). By using the Neumate.com Website, (the 'Website') you agree to be bound by these Terms of Service and Use Agreement (this 'Agreement'), whether or not you register as a member of Neumate.com ('Member'). If you wish to become a Member and make use of the Neumate.com service (the 'Service'), please read these Terms of Service and Use Agreement. If you object to anything in this Agreement or the Neumate.com Privacy Policy, do not use the Website or the Service. The Terms of Service and Use Agreement is subject to change by Neumate.com at any time, effective upon posting on the Neumate.com website, and your use of the Service after such posting will constitute acceptance by you of such changes.
Members can purchase subscriptions and/or Tokens to access Neumate's Premium Features. Subscriptions of one (1), three (3), six (6), and twelve (12) month subscriptions are available, and Tokens offer a pay-by-the day membership option that can also be 'gifted' to another member or a non-member being invited to Neumate. Each Neumate Token can be activated at any time and provides 24 hours of premium access to the site.
Neumate Tokens hold no monetary value and cannot be refunded, exchanged for cash, bought, sold, or transferred to other members, except through authorized means, such as gifting a Token to another member through the Neumate website. Once a Token has been gifted to another member, that Token can be kept by that member or gifted back; after that, no further Token exchange is possible between those two member accounts.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the Account Settings page. Neumate.com reserves the right to terminate your membership without notice. If Neumate.com terminates your membership in the Service because you have breached this Agreement, you will forfeit all remaining subscription and Tokens in your account. All decisions regarding the termination of accounts shall be made in the sole discretion of Neumate.com. Neumate.com is not required to provide you notice prior to terminating your membership and/or subscription. Neumate.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Neumate.com, which may be revoked at any time, for any reason, in Neumate.com's sole discretion.
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Neumate.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Neumate.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT NEUMATE.COM DOES NOT IN ANY WAY SCREEN ITS MEMBERS, NOR DOES NEUMATE.COM INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. NEUMATE.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL NEUMATE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT NEUMATE.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
Neumate.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
Neumate.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
Neumate.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Neumate.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In order to protect the integrity of the Service, Neumate.com reserves the right at any time in its sole discretion to block Members from certain IP addresses and IP ranges from accessing the Website.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Neumate.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Neumate, LLC. 5271 Memorial Drive Suite 107, Houston, TX 77007.
You are solely responsible for your interactions with other Neumate.com Members. Neumate.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Use of the Website and/or the Service is also governed by our Privacy Policy.
Neumate.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Neumate.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Neumate.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Neumate.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Neumate.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided 'AS-IS' and Neumate.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Neumate.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Neumate.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Neumate.com has no control over such sites and resources, you acknowledge and agree that Neumate.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Neumate.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
Except in jurisdictions where such provisions are restricted, in no event will Neumate.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Neumate.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Neumate.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Neumate.com for the Service during the term of membership.
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, in Harris County, for the resolution of any such dispute.
You agree to indemnify and hold Neumate.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Please contact us with any questions regarding this agreement.
NEUMATE, LLC DOES NOT CONDUCT BACKGROUND CHECKS ON THE MEMBERS OR SUBSCRIBERS OF THIS WEBSITE.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.