(1) A “User” is an individual who signs-up on this website to be either a Free Member or Client.
(2) A “Free Member” is an individual who joins by filling out the form available at either www.themodelman.com/men or www.themodelman.com/women and selecting “Free Membership” under the dropdown menu for Question 1. There is no cost for this form of membership. By becoming a Free Member, the User will be considered as a match for a TMM Clients. If a paying client is a potential match for such a User, TMM will contact that User using the information the User provided and the User agrees to allow us to do so. Free Members are responsible for ensuring TMM has their current contact information.
(3) A “Client” is an individual who joins by filling out the form available at www.themodelman.com/men and selects either “VIP Matchmaking” or “Attraction Acceleration Coaching” under the dropdown menu for Question 1. Upon submitting the form, these Users are able to schedule a complimentary interview with a TMM representative to provide further information about matchmaking packages and coaching services. If the User is a good fit for the Services, the User will be e-mailed a confidential and proprietary contract which cannot be shared with any third party without TMM’s written permission. If the User is not a good fit for the Services, TMM collaborates with other matchmakers in the DC Metropolitan area and TMM will make best efforts to connect the User with one or more of them. All Terms & Conditions on this webpage are binding and a supplement to the terms specified in that contract. Clients are responsible for ensuring TMM has their current contact information
(4) A “Date” is an individual with whom a User goes on a date.
(5) The “Services” are those services listed on www.themodelman.com/services as well as joining the TMM database via either www.themodelman.com/men or www.themodelman.com/women
The User affirms being at least twenty-one (21) years of age, single, free of any sexually transmitted diseases or viruses, has never been convicted of a felony, has never been convicted of misdemeanor battery or assault or similar offense, has never had a restraining order (Order of Protection) requested or issued against the User, is not required to register as a sex offender with any governmental entity, and is not the employee of or a contractor for an entity which could reasonably considered a competitor of TMM. If the User is legally separated, he/she must no longer be cohabitating with his/her current or former spouse, and one of the spouses must have filed a legal petition or dissolution for an imminent divorce. If the above information changes during the Term, the User will promptly notify TMM of such in writing, at which time TMM may choose to terminate their database enrollment at its sole discretion.
3. USER BACKGROUND CHECK
TMM reserves the right to conduct criminal background checks or other screening (e.g., sex offender registry search or credit check) at any time and using available public records. User agrees to supply identifying information if requested by TMM in order to allow TMM to perform such checks. User hereby authorize any government agency to release any information pertaining to the purposes of these checks. User hereby releases, discharges, and exonerates TMM, its agents and representatives, and any person furnishing information, from all liability of every nature and kind arising out of the furnishing or inspection of such documents, records and other information.
4. DATE BACKGROUND CHECK
Before a first date is arranged, TMM will conduct a federal criminal background check on the Date using available public records and at no cost to the User. User recognizes and accepts that a clean federal criminal background check is merely an indication of that person’s prior legal history and does not provide User with any assurances of safety when meeting or communicating with strangers. In no way does TMM represent and in no way should User rely partially or exclusively on a clean federal background check or any statements made by TMM, its representatives, or its partners to presume safety or a false sense of security when approaching any and all introductions. User agrees to take normal precautions in protecting him/herself and accepts sole responsibility for any outcomes of introductions. Outside of the federal criminal background check, TMM does not independently confirm self-reported information provided by Users or Dates with regards to history, background, financial condition, physical health or mental well-being.
5. DATE LOCATION
If User has any issues with meeting in certain kinds of locations for TMM concierge-arranged first dates (for example, bars, seafood restaurants, or coffee shops), User must provide these restrictions to TMM before agreeing to a date.
TMM may terminate the Services for cause if (a) another User, TMM employee, contractor, representative or partner make one (1) or more written or oral complaints of the User’s inappropriate behavior, including being disrespectful, indecent, abusive, or inappropriate in any manner to other Users or TMM employees, representatives, or partners; (b) any material inaccuracies in information provided by the User; (c) User is attempting to exploit, abuse, or use TMM’s services or information for any immoral, illegal, or harassment purposes or activities; (d) User does not abide by the TMM Rules listed on www.themodelman.com/faq; (e) User cancels first date with another User within twenty-four (24) hours of a scheduled first date on two separate occasions for any reason; (f) User does not abide by all Federal, state and local laws, rules and regulations; or (g) User provides support or resources, or conceals or disguises the nature, location, source, or ownership of support or resources, to any organization designated by the United States of America (USA) Government as a foreign terrorist organization pursuant to the Immigration and Nationality Act, 8 U.S.C. 1189, or any person or organization that is on the U.S. Department of the Treasury’s Specially Designated Nationals List located at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx or the U.S. Department of Commerce’s Table of Deny Orders located at http://www.bis.doc.gov/dpl/default.shtm. All sections of these Terms & Conditions will continue to apply to the User even after termination of access to the Services.
TMM and User may from time to time, and at their sole discretion, disclose to the other certain Confidential Information for the sole purpose of the Services. TMM and User mutually agree to hold such Confidential Information in strict confidence and such Confidential Information shall not be disclosed to any other person other than in connection with TMM matchmaking. Confidential Information includes, but is not limited to trade secrets as defined by the common law and statue in Virginia or any future Virginia statute, patent applications, processes, policies, procedures, techniques including marketing techniques, designs, drawings, know-how, show-how, scripts, strategies, technical information, business models or plans, branding strategies, vendors, specifications, market research, customer information, customer lists, customer contact information, contracts, manuals, coaching materials, keywords, ad creative and account structuring. The User agrees to allow TMM an exception of disclosing User information to its staff, potential matches, scouts and recruiters, and/or other professional matchmaking institutions for the sole purpose of identifying potential romantic partners for the User or to comply with court orders. The User recognizes that disclosure of TMM’s proprietary information can and will cause irreparable damage and injury to TMM, which may be difficult or impossible to measure by a court of law. Violation of this clause shall entitle TMM to injunctive and/or equitable relief against the User, which shall be obtained at the User’s expense.
The User agrees that he/she will not, directly or indirectly, through any agent, affiliate or alias, make any disparaging comments or criticisms (whether spoken or written, in-person or online in any form) about TMM, its officers, directors, employees, partners, sponsors, scouts or recruiters, matches or clients, or personnel (whether of a professional or personal nature) to any individual or other third party, or to any entity (including but not limited to TMM partners, social media platforms, affiliates, vendors or competitors which are or could be reasonably expected to result in damage to TMM, its officers, directors, employees, partners, sponsors, scouts or recruiters, matches or clients, or personnel. The User acknowledges that slander, libel, or otherwise defamatory content may irreparably damage and injury to TMM and its future business opportunities. As such, the User expressly agrees that his/her breach of this clause shall entitle TMM to injunctive and/or other equitable relief to prevent such breach. With regards to online posts specifically, the User agrees that liquidated damages may be assessed and recovered by TMM if the User fails to remove the disparaging or critical statements within seventy-two (72) hours of receipt of notice. The User agrees to pay any costs of collection, including all costs and reasonable attorney’s fees, incurred by TMM in enforcing its rights hereunder.
9. INFORMATION SHARING
TMM does not release, sell, or distribute personal information to any third party, unless it is required to do so by law, in the course of a merger or acquisition, or with consent from the individual for whom the personal information pertains. The User agrees to allow TMM an exception of disclosing information to its staff, potential matches, scouts and recruiters, and/or other professional matchmaking institutions for the sole purpose of assisting in the matchmaking process.
The User agrees to indemnify and hold TMM, TMM, its officers, directors, employees, partners, sponsors, matches or clients, scouts or recruiters, or personnel harmless from any loss, liability, actions, suits, claim, cost, expenses, judgments, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of being a User. The Services, and these Terms & Conditions, are not governed by the United Nations Conventions on Contracts for the International Sale of Goods.
11. LIMITATIONS OF LIABILITY
In no event shall TMM 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 User or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, defamation, financial issue, legal ramifications, computer viruses or bugs, sexually transmitted diseases or viruses and/or any other damages resulting from communications or meetings with Dates or other registrants of the Services or persons the User meets through the Services, particularly if the User and Date decide to meet in person.
This limitation of liability applies to the fullest extent permitted by law and whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the damage is foreseeable or if TMM has been advised of the possibility of such damage or should have known of the possibility of such damage.
TMM expressly disclaims any warranty that the User’s use of the Services is lawful in any particular jurisdiction. It is entirely the User’s responsibility to ensure that the User’s use of the Services is lawful where the User is located. By using the Services, the User warrants to TMM that the User is complying with applicable laws when the User accesses the Services in every jurisdiction where the User has access to the services.
By agreeing to these Terms & Conditions, the User understands that he/she may be waiving rights with respect to claims that are unknown or unsuspected at this time. The User acknowledges that he/she has read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, which provides: “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” and any similar law of any state, territory, or jurisdiction.
Notwithstanding anything to the contrary contained herein, TMM’s aggregate liability to User for any cause whatsoever, and regardless of the form of action, will be at all times limited to the amount of the Services fee paid by User to TMM for the Services, or, if User has not paid TMM any Services fee, $25.00 USD. The User understands that TMM makes no guarantees, either express or implied, regarding a User’s Date’s behavior or the User’s ultimate compatibility with their date. The User should not provide financial information (for example, credit card or bank account information) to Dates.
Any dispute of any nature relating to being a User or the breach thereof shall be settled exclusively and finally by binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association before a sole arbitrator. The arbitration shall proceed on an individual basis only and shall be held in Fairfax County, Virginia. The non-prevailing party shall pay any fee for the arbitrator. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction thereof.
13. DMCA NOTICE
TMM abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of TMM’s response, TMM may remove or disable access to material residing on a site that is controlled or operated by TMM that is claimed to be infringing, in which case TMM will make a good-faith attempt to contact the person who submitted the affected material and notify them of the claimed infringement.
TMM does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If the User are the copyright owner of content hosted on a third party site, and the User has not authorized the use of User’s content, please contact the administrator of that website directly to have the content removed.
Before serving either a notice of infringing material or a counter-notification, TMM recommends that the User contact a lawyer to better understand User’s rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with TMM’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
Notice of infringing material:
To file a notice of infringing material on a site owned or controlled by TMM, please provide a notification containing the following details:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example, title, author, any registration or tracking number);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example, a link to the page that contains the material);
- User’s contact information so that TMM can contact the User (for example, User’s address, telephone number, e-mail address);
- A statement that the User has a good faith belief that the use of the material identified is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the User is authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- User’s physical or electronic signature.
If material that the User has posted to a site controlled or operated by TMM has been taken down, the User may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that the User have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material in question;
- User’s contact information so that TMM can contact the User (for example, User’s address, telephone number, e-mail address);
- A statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which User’s address is located or, if User’s address is outside of the USA, for any judicial district in which TMM may be found and that the User will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
- User’s physical or electronic signature.
Addresses for sending a notification or counter-notification:
By Postal Mail:
The Model Man, LLC
12110 Sunset Hills Road #600
Reston, VA 20190
TMM suggests the User obtain legal advice to better understand his/her rights and obligations under the DMCA and applicable laws if the User intends to file a notice or counter-notice.
14. ENTIRE AGREEMENT, AMENDMENTS, AND SEVERABILITY
This document was last updated on May 9, 2019.