Julie Ferman Member Agreement
Julie Ferman Associates, LLC, Julie Ferman, Founder, CEO
Mailing Address: 638 Lindero Canyon Road, #392 Oak Park, CA 91377
Phone: 805 371 9557 Email: Julie@JulieFerman.com

The following terms and conditions comprise the Member Agreement (this "Member Agreement" or "Contract") that governs your use of our services, this website (the "Site"), and the services provided by Julie Ferman Associates, LLC, a California limited liability company ("us," "our," "we," "Company," or "Julie Ferman") to you ("you" or "your"). By clicking accept you agree to be bound by this Member Agreement.

1. Membership Requirements. You promise, represent, and warrant the following:

• You are at least 18 years old;
• You are either single, never married, divorced, widowed, or separated (divorce pending and not currently living with your spouse);
• You have completed all registration fields and forms completely, truthfully, and accurately; and
• You have not been convicted of any offense or subject to any court order relating to assault, violence, or sexual misconduct.

2. Services. Upon agreeing to this Member Agreement, we will add you to our membership base. In our sole discretion, we may give you the option to be introduced to other members or active search clients. Such introduction services may lead to dates with other members or clients.

3. Active Search Status. If you desire to be an active search client, you will be required to sign an additional Membership Contract.

4. Personal Use Only. Your use of the services provided by us is for your personal use, and you agree that you will not use the Site for any commercial activities.

5. Limitation on Use of Services. You shall not attempt to abuse, exploit, or use our services and resources for any purpose that Julie Ferman, in its sole and exclusive opinion, deems is commercial, improper, immoral, or illegal.

6. Changes in Status. You shall provide Julie Ferman with any changes in your personal status, such as address, telephone number(s), criminal charges, and marital status (including living with someone or dating someone exclusively) within one week of the change. Any changes must be submitted in writing or by e-mail to our contact information listed above.

7. Your Information. You authorize us to use and share the information you supply to us in order to provide services to you, including allowing us to provide all relevant information about you to other clients and members.

8. No Guaranteed Result. You agree and understand that we do not guarantee any specific outcome based on your membership with us, including any introductions.

9. No Services in Violation of Law. You understand that we will not agree to undertake any services in violation of any law.

10. Reviews and Comments. You agree to allow us to review, edit, and/or delete all online reviews or comments relating to the services we provide you with, other members, dates or the Company.

11. Compliance with Guidelines. You agree to comply with Julie Ferman guidelines for proper conduct on the Site and that you will not violate any applicable federal or state laws when using the Site or services provided by us.

12. No Assignment. This Member Agreement may not be assigned or transferred by you.

13. Amendment. The Company reserves the right to change the terms and conditions of this Contract at any time with or without notice. You further agree that Julie Ferman may, from time to time, in its sole and absolute discretion, without notice to members or clients, change or modify its procedures in the best interest of performing service.

14. Revocation of Membership. Julie Ferman reserves the right to revoke your membership, terminate this Contract, and stop providing services to you at any time, for any reason including but not limited to your breach of any term, condition, representation, or warranty contained in this Contract.

15. Ownership of Materials. All materials provided on the Site including information, text, graphics, documents, logos, trademarks, sounds, images, multimedia content, audiovisual content or any other materials you may see or read on the Site and all related software code (collectively, the "Materials") are provided either by us or by our respective third party licensors or agents ("Third Party Providers") and are the property or copyrighted work of Julie Ferman and/or its respective Third Party Providers. All Rights Reserved. Third Party Providers are intended third party beneficiaries of this Member Agreement and may enforce the terms of this Member Agreement against you. None of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, assigned or transmitted in any form or by any means, including, electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Julie Ferman or the appropriate Third Party Provider.

16. Third Party Sites and Links. The Site may contain links to web sites controlled by parties other than Julie Ferman. Julie Ferman is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such web sites.

17. Sole Remedy. AS A USER OF THE SITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE MATERIALS IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.

18. Indemnity. You shall indemnify, defend and hold the Company, its officers, mangers, members, independent contractors and employees harmless from and against any and all claims, demands, losses, liabilities and expenses (including attorneys' fees) (collectively, "Damages") arising out of or in connection with (i) any services provided to you, (ii) your breach of any term of this Contract, or (iii) your violation of the rights of any third party, or any dates you are scheduled to attend or actually attend; except for Damages or liability arising from the Company's gross negligence, intentional misconduct, or violation of law.

19. Limitations on Liability. You agree that the Company and its personnel shall not be liable to you in the aggregate from any Damages in excess of the fees paid to us by you and that the Company shall not be liable to you for any special, indirect, consequential, or incidental damages.

20. Assumption of Risk and Waiver of Claims. We are not responsible for the conduct of any member. You assume all risks related to your membership with us and any services that we provide to you. You understand and accept that the Company is not a detective agency and relies on the truthfulness of statements made in questionnaires and during the screening process. You understand that the Company contracts for a one-time limited background screening of clients and prospective candidates utilizing public databases available via the Internet and cannot and does not guarantee the accuracy of the information it receives. You understand and agree that background screening is limited and the Company does not guarantee safety. You further understand that you are fully responsible for using the same precautions that you would otherwise employ on a non-Company date. You waive all claims against the Company for all criminal and negligent acts that may occur in connection or in any way related to the services we provide to you. The Company shall not be liable for any losses or damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the services we provide to you.

21. Severability. You agree that if any court shall determine that any provision of this Contract is unenforceable with respect to its term or scope such provision shall nonetheless be enforceable by any such court upon such modified term or scope as may be determined by such court to be reasonable and enforceable. The remainder of this Contract shall not be affected by the unenforceability or court ordered modification of a specific provision.

22. Disclaimer of Warranties and Representations. To the maximum extent allowed by law, the Company provides the services on an as-is basis and grants no warranties and makes no representation of any kind with respect to the services we provide to you.

23. Attorneys' Fees. In the event you breach this Contract, the Company is entitled to reasonable attorneys' fees and costs above and beyond damage incurred as a consequence of any breach by you.

24. Complete Agreement. This Member Agreement is the entire understanding between you and Julie Ferman and no oral representations by either party shall in any way affect this Member Agreement. You represent that you are not acting in reliance upon any agreements, promises, or representations not expressly set forth herein.

25. Arbitration. If any dispute arises concerning the interpretation, validity, or performance of this Member Agreement or any of its terms and provisions, including but not limited to the issue of whether or not a dispute is arbitrable, (i) if the amount claimed is equal to or less than the jurisdictional limit of the California Small Claims Court, then the parties shall resolve such matter in the California Small Claims Court, or (ii) if the amount claimed exceeds the jurisdictional limit of the California Small Claims Court, then the parties shall submit such dispute for binding determination before a retired judge selected from ADR Services, Inc. or any similar organization mutually acceptable to the parties. The arbitrator shall have the power to grant all legal and equitable remedies including provisional remedies and award compensatory damages provided by law, but the arbitrator may not order relief in excess of what a court could order. The arbitrator shall not have authority to award punitive or exemplary damages. The arbitrator shall prepare and provide the parties with a written award including factual findings and the legal reasoning upon which the award is based. The arbitrator shall award costs and attorneys' fees in accordance with the terms and conditions of this Contract. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator, or correct or vacate such award as provided by applicable law. The parties understand that by agreement to binding arbitration they are giving up the rights they may otherwise have to trial by a court or a jury and all rights of appeal, and to an award of punitive or exemplary damages.

26. Survival. Notwithstanding any other language in the Contract, the terms in Sections 10, 17, 18, 19, 23, and 25 and such other terms of this Contract that by their nature are to survive this Contract shall survive its termination.

27. Confidentiality. Company and Client each agree that all information furnished to it by the other party, or to which it has access under this Agreement, shall be deemed the confidential and proprietary information of the disclosing party and shall remain the sole and exclusive property of the disclosing party. Each party shall treat the proprietary information and the contents of the Agreement in a confidential manner, except to the extent necessary to, and in connection with the performance of its obligations under this Agreement. The Client undertakes to keep confidential the private information the Client receives regarding Company’s Clients, their communications and social interactions with other Clients, and the Services the Client receives from Company. The Client agrees that the Client will not use the information of another Client, and the Company for any unlawful, nefarious, or criminal purpose. Company will exercise its rights to terminate the Agreement with Client in the event Client breaches the obligations of confidentiality and reserves the right to take legal action to enforce these obligations.
Client grants Company permission to divulge, transfer, or share personal information and photos of Client with third parties in connection with the performance of its obligations under this Agreement and the Company’s Services.

28. (For personal matchmaking clients) Notice of Right to Cancel in the Event of Death, Disability, or Relocation. To the extent applicable: (A) If by reason of death or disability, you are unable to receive all services for which you have contracted, you or your estate may elect to be relieved of the obligation to make payments (if any) other than those for the value of services received before death or the onset of disability; provided, however, if a physician determines that the duration of the disability will be less than six months, we may extend the term of this Contract for a period of six months at no additional charge to the client in lieu of cancellation. "Disability" means a condition that precludes you from physically using the services specified in this Contract during the term of disability and the condition is verified in writing, which is given to us, by a physician designated and remunerated by the member. (B) If you relocate your primary residence further than 50 miles from our location and we are unable to transfer this Contract to a comparable company, you may elect to be relieved of the obligation to make payments (if any) other than those for the value of services received prior to that relocation. If you elect to be relieved of further obligation under this Contract, you shall be charged a $100 fee, or if more than half the life of this Contract has expired, a $50 fee. If you or your estate cancel this Contract for reason of death, disability or relocation and have prepaid any amount, the prepaid amount in excess of the value of services received shall be promptly refunded to your or your representative.

29. (For personal matchmaking clients) Pursuant to California Civil Code Section 1694.2(b). 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: Julie Ferman Associates, LLC, 638 Lindero Canyon Road, #392 Oak Park, CA 91377.