PARTICIPATING MEMBER AGREEMENT AND PRIVACY AGREEMENT

Modified January 26, 2024

(Please see below for Privacy Agreement)

Our website address is: https://thestandardagency.com.

These terms and conditions (the "Terms and Conditions") govern the use of The Standard Agency services and the professionalmatchmaking.com (the "TSA Service"). TSA Services (the TSA Service) are dating and professional matchmaking services owned and operated by The Standard Agency, Inc.

By using the TSA Service, you indicate that you have read and understand and agree to these Terms and Conditions.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property

All content published and made available on our TSA Service is the property of The Standard Agency, Inc.. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our TSA Service.

Age Restrictions

The minimum age to use our TSA Service is 18 years old. By using this TSA Service, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

Accounts

When you create an account on our TSA Service, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our TSA Service illegally or if you violate these Terms and Conditions.

Services

These Terms and Conditions govern the sale of services available on our TSA Service.

The following services are available on our TSA Service:

  • Dating services; and
  • Professional matchmaking.

For full service clients, the services will be paid for in full when the services are ordered or in some cases at the beginning of the month on a recurring month to month basis. We also have passive participant members who may participate in limited services offered by The Standard Agency, Inc. at a reduced price or in some cases free of charge. Passive members typically are only joining the service to be available to be selected for open communication by a paying client but are not themselves able to select a matching party with whom to communicate.

These Terms and Conditions apply to all the services that are displayed on our TSA Service at the time you access it whether a paid or free client. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our TSA Service at your own risk.

Cancellation

For paid client accounts, you may cancel your membership and receive a full refund of any sums paid within 3 business days (excluding weekends and bank holidays) of first payment. Please contact us to request your refund and we will be happy to process the refund for you.

We reserve the right to modify, reject or cancel your membership entirely at our discretion with or without notification or explanation. For paid clients, if your membership is actively canceled by us, we will refund a prorated amount of fees paid based on the amount of time your membership was active. Please see your client agreement for details of your agreement with us.

Upon cancellation, your access to the services will be terminated immediately. We are not liable for any damages or losses that you may incur as a result of the cancellation of your membership.

Waiver of Right to Sue:

By using the services, you agree to waive any and all right to sue us, our affiliates, directors, officers, employees, agents, contractors, and licensors (collectively, the "Released Parties") for any and all claims, losses, damages, liabilities, costs, and expenses (collectively, "Claims") arising out of or in connection with your use of the services, even if such Claims are based on negligence or any other theory of liability. Subscriptions

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.

Payments

We accept the following payment methods on our TSA Service:

  • Credit Card; and
  • ACH/eCheck.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

The Standard Agency and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the TSA Service.

You agree to indemnify, defend, and hold harmless The Standard Agency, Inc. its officers, directors, employees, agents, and contractors (collectively, "Indemnified Parties"), from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees and expert witness fees) arising out of or in connection with:

The performance of this Agreement by You. Any breach of this Agreement by You.

Any act or omission of You, or its officers, directors, employees, agents, or contractors, that is negligent, willful, or wanton.

You shall promptly notify You in writing of any claim, loss, damage, liability, cost, or expense (including attorneys' fees and expert witness fees) that may arise out of or in connection with the matters described above. You shall have the sole right to control the defense of any such claim, loss, damage, liability, cost, or expense (including attorneys' fees and expert witness fees), and You shall cooperate fully with You in the defense thereof. You shall not settle any such claim, loss, damage, liability, cost, or expense (including attorneys' fees and expert witness fees) without the prior written consent of You.

This indemnification clause shall survive the termination of this Agreement.

These Terms and Conditions are governed by the laws of the State of California.

Other Agreements Prevail

Notwithstanding anything to the contrary in this Agreement, in the event of any conflict or inconsistency between the terms of this Agreement and any other agreement you have entered into with the Company, the terms of the other agreement shall prevail.

Use of this Website: Cookies

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

If you log in for any reason, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

We also employ cookies provided by a third party service (Google or other) so that we may perform typical analytics on visitors to our website. This helps us analyze how visitors use our website and improve their experience. These analytics systems uses cookies to collect anonymous information, such as the number of visitors to the site, the pages they visit, and the time they spend on each page. This information is aggregated and does not identify individual users.

By using this website, you consent to the use of Google Analytics cookies. You can learn more about Google Analytics cookies and opt out of their use by visiting the Google Analytics website: https://support.google.com/analytics/answer/181881?hl=en

Additional Information:

You may also be able to disable cookies through your browser settings.

We may update this disclaimer from time to time. We will notify you of any changes by posting the new disclaimer on this website.

Use of This Website: Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and The Standard Agency are unable to resolve any dispute through informal discussion, then you and The Standard Agency agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and The Standard Agency. Each party shall bear its own attorneys' fees and costs incurred in connection with this Agreement, except as provided below.

If any party prevails in any action or proceeding to enforce or interpret this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable attorneys' fees and costs incurred in such action or proceeding, but only if the court finds that the non-prevailing party's claims or defenses were frivolous, unreasonable, or without foundation in fact or law.

"Frivolous" means that the claims or defenses were lacking in merit and were brought without a reasonable basis for believing that they would be successful in court. "Unreasonable" means that the claims or defenses were brought in bad faith or were clearly out of line with the law or the facts of the case. "Without foundation in fact or law" means that the claims or defenses were not supported by any evidence or legal authority.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate the TSA Services

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

(310) 860-9300

feedback@professionalmatchmaking.com

1500 Quail St, Stuie 550 Newport Beach, 92669

You can also contact us through the feedback form available at https://thestandardagency.net.

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Privacy Agreement

Updated December 10, 2023

This Privacy Agreement ("Agreement") is made and entered into between The Standard Agency, a Wyoming corporation and any subsidiaries (herein sometimes referred to as the “Company”), with its principal place of business at 30 N. Gould St. Suite R, Sheridan, WY 82801, and you, the individual registering for or using the Company's dating service ("User").

  1. Collection of Personal Information

When you register for or use the Company's dating service, you may provide us with certain personal information, such as your name, email address, phone number, date of birth, gender, sexual orientation, race, ethnicity, and interests. You may also choose to provide us with additional information, such as your education, employment, and lifestyle preferences.

We may also collect certain information about your use of our services, such as your IP address, browser type, and activity on our website and mobile app. We may also collect information about your interactions with other users, such as the people you like, message, or match with.

  1. Use of Personal Information

We use your personal information, including photos, to provide you with our dating service, including to:

  • Create your profile and allow other users to view it.
  • Match you with other users who may be compatible with you.
  • Facilitate communication between you and other users.
  • Send you marketing and promotional communications.
  • Improve our services.
  • Protect our users and our business.
  1. Sharing of Personal Information

We do not share your personal information with third parties except as follows:

  • With your consent.
  • With service providers who perform services on our behalf, such as hosting our website and mobile app, processing payments, and sending emails.
  • To comply with law or legal process.

We may also share aggregated or anonymized data with third parties for research or other purposes.

  1. Photo Submission:

You grant the Company a non-exclusive, worldwide, royalty-free, transferable, sub-licensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display any photos you submit to the Company for the purpose of matching you with other prospective members as is the core purpose of the Company’s services.

  • You represent and warrant that you have all necessary rights and permissions to grant the foregoing license.
  • You understand that The Standard Agency, Inc. may use your photos to create derivative works, such as thumbnails or profile pictures.
  • The Standard Agency, Inc. may share your photos with other clients of the Company’s services.
  • You understand that you cannot control how other users may use or share your photos once they have been shared with them.
  • You can request us to remove your photos from the Company’s services at any time.
  • The Company may remove your photos at any time, for any reason.
  • The Company may retain copies of your photos even after they have been removed from the Company’s services.

4.1 Disclaimer:

  • The Dating Site is not responsible for any misuse of your photos by other users.
  • You agree to indemnify and hold harmless The Standard Agency and its affiliates from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to your photos.
  1. Security of Personal Information

We use a variety of security measures to protect your personal information, including:

  • Secure servers.
  • Firewalls.
  • Data encryption. All data in transmission is encrypted using industry standards.
  • We also train our employees on how to protect your personal information.
  1. Data Retention

We retain your personal information for as long as necessary to provide you with our services, or as required by law. We may also retain your personal information for a longer period of time for historical or research purposes.

  1. Your Rights

You have the right to:

  • Access your personal information.
  • Correct your personal information.
  • Delete your personal information.
  • Object to the processing of your personal information.
  • Restrict the processing of your personal information.

You may also have the right to lodge a complaint with a supervisory authority.

To exercise your rights, please contact us at [Email Address].

  1. Changes to Privacy Agreement

We may update this Privacy Agreement from time to time. We will notify you of any material changes by posting the updated Privacy Agreement on our website and mobile app.

  1. Sharing of Personal Information with Business Partners

In certain instances, the Company may share your personal information with business partners who perform services on our behalf, such as hosting our website and mobile app, processing payments, and sending emails. These business partners will be bound by the terms of this Privacy Agreement and will be required to use your personal information only for the purposes of providing the services to the Company.

By using the Company's dating service, you agree to the sharing of your personal information with business partners in accordance with this Privacy Agreement.

The Company will use reasonable diligence to select business partners who are able to protect your personal information in accordance with this Privacy Agreement. The Company will monitor its business partners to ensure that they are complying with the terms of this Privacy Agreement.

  1. Acquisition or Merger

In the event that The Standard Agency, Inc. is acquired by another company through a merger, acquisition, or sale of a substantial portion of its equity, the Company may transfer your personal information to the acquiring company. The acquiring company will assume the rights and obligations of this Privacy Agreement with respect to your personal information.

Your Consent

By using the Company's dating service, you agree to the transfer of your personal information to an acquiring company in the event of a merger, acquisition, or sale of a substantial portion of the Company's equity.

Notification of Transfer

We will notify you of any transfer of your personal information to an acquiring company by posting a notice on our website and mobile app. You will also have the opportunity to review and update your personal information before it is transferred to the acquiring company.

Continued Use of Services

Your continued use of the Company's dating service after notification of a transfer of your personal information to an acquiring company will constitute your consent to the transfer.

  1. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, contractors, and licensors (collectively, the "Released Parties") from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees and expert witness fees) arising out of or in connection with:

  • Your use of the Company's dating service.
  • Your breach of this Privacy Agreement.
  • Any act or omission of yours, or your officers, directors, employees, agents, or contractors, that is negligent, willful, or wanton.

You shall promptly notify the Company in writing of any claim, loss, damage, liability, cost, or expense (including attorneys' fees and expert witness fees) that may arise out of or in connection with the matters described above. You shall have the sole right to control the defense of any such claim, loss, damage, liability, cost, or expense (including attorneys' fees and expert witness fees), and the Company shall cooperate fully with you in the defense thereof. The Company shall not settle any such claim, loss, damage, liability, cost, or expense (including attorneys' fees and expert witness fees) without the prior written consent of you.

This indemnification clause shall survive the termination of this Privacy Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles.

Jurisdiction

Any and all disputes arising out of or in connection with this Agreement shall be exclusively subject to the jurisdiction of the courts of Wyoming, and you hereby irrevocably consent to the jurisdiction of such courts.

  1. Modification of User and Privacy Agreement

The Company may modify this Privacy Agreement at any time by posting the updated Privacy Agreement on our website and mobile app. You will also have the opportunity to review and update your personal information before the updated Privacy Agreement takes effect. Your continued use of the Company's dating service after the effective date of the updated Privacy Agreement will constitute your consent to the changes.

  1. Entire Agreement:
  • This Agreement constitutes the entire agreement between you and The Standard Agency with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
  • If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
  1. Waiver:

No waiver of any breach of any provision of this Agreement shall be deemed a waiver of any subsequent breach.