1. Acceptance of Terms
These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("Member," "Client," "you") and The Cultured Cohort, together with its owners, officers, employees, contractors, and affiliates (collectively, "Company," "we," "us," "our"). By submitting an application, paying a fee, accessing our website, or otherwise engaging our services (the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must not use the Services.
2. Nature of Services
The Cultured Cohort provides personal introduction and matchmaking services intended to facilitate social and romantic acquaintance between accomplished professionals. Our Services may include, without limitation: application review, candidate vetting, compatibility assessment, personal introductions, and related consulting or concierge services.
The Cultured Cohort is not:
(a) an escort service, companion service, or any service that arranges, facilitates, brokers, or compensates any person for sexual activity, sexual contact, or commercial sexual services of any kind;
(b) a service that arranges, condones, or in any way facilitates prostitution, sex trafficking, or any commercial sex act as those terms are defined under applicable federal, state, or local law, including without limitation 18 U.S.C. § 1591 et seq. and analogous state statutes;
(c) an online dating platform, social networking site, or classified advertising service in the conventional sense; or
(d) a guarantee, warranty, or promise of any romantic, sexual, marital, or other personal outcome.
The Services are limited exclusively to lawful social introduction between consenting adults for the purpose of pursuing personal relationships of the Member's own choosing and on the Member's own terms. Nothing exchanged between the Company and a Member, or between Members, constitutes payment or consideration for sexual activity of any kind, and no fee charged by the Company is for, or in exchange for, any sexual act.
3. No Solicitation or Facilitation of Illegal Conduct
Members agree that they will not use the Services, directly or indirectly, to:
(a) solicit, offer, arrange, or engage in any commercial sex act, prostitution, or sex trafficking;
(b) solicit, offer, or engage in any illegal activity whatsoever, including but not limited to fraud, extortion, coercion, harassment, stalking, or exploitation;
(c) misrepresent their identity, age, marital status, or any material fact in their application or profile; or
(d) use the Services for any purpose other than the good-faith pursuit of a lawful personal relationship.
Any Member found, in the Company's reasonable discretion, to have used the Services in violation of this Section 3 will have their membership immediately and permanently terminated without refund, and the Company reserves the right to report such conduct to law enforcement and cooperate fully with any resulting investigation.
4. Eligibility
To use the Services, you must:
(a) be at least eighteen (18) years of age;
(b) have the legal capacity to enter into a binding contract; and
(c) not be prohibited from receiving the Services under the laws of your jurisdiction of residence.
The Company reserves the right, at its sole discretion, to decline any application or terminate any membership for any lawful reason, including failure to meet the Company's eligibility or vetting criteria.
5. Application, Vetting, and Acceptance
Submission of an application does not guarantee acceptance into the program. The Company conducts a discretionary vetting and screening process, which may include background checks, reference checks, and personal interviews, to assess a candidate's fit with the program. The Company makes no representation or warranty as to the accuracy or completeness of any background check performed, and Members are encouraged to exercise their own independent judgment and caution when meeting any individual introduced through the Services.
The Company does not guarantee the safety, character, intentions, marital status, or truthfulness of any Member or introduced party. Members proceed with all introductions and subsequent interactions at their own risk.
6. Fees; Payment; Cancellation
(a) Fees. Applicable fees for membership tiers and services are as disclosed at the time of application and/or in a separate fee schedule or membership agreement.
(b) Payment Processing. Payments are processed through third-party payment processors (e.g., Stripe). The Company does not store payment card information.
(c) Application Fees. Application fees, if any, cover the cost of candidate review, vetting, and screening, and are non-refundable once submitted and processed, regardless of whether the applicant is accepted into the program.
(d) Service Fees. Fees for matchmaking and introduction services are not charged or collected until a Member has been in a successful relationship, resulting from an introduction made by the Company, for a continuous period of three (3) months. No service fee is due or payable prior to the satisfaction of this condition.
(e) Refund Window on Service Fees. Following the assessment and invoicing of a service fee under Section 6(d), the Member has seven (7) days from the date the service fee is charged to request a full refund of that fee. Refund requests must be submitted in writing to match@culturedcohort.com within this 7-day window. No refunds of service fees will be issued for requests made after the 7-day period has elapsed.
(f) No Guarantee. Application fees and service fees are charged for the provision of matchmaking, vetting, and introduction services rendered, not for any guaranteed outcome, number of introductions, or permanence of any relationship. The Company's fee structure, under which service fees are contingent on a three-month successful relationship outcome, does not constitute a warranty or guarantee that any relationship will occur, succeed, or endure, and the Company disclaims any such warranty as set forth in Section 11.
7. Member Representations and Warranties
By applying for and using the Services, you represent and warrant that:
(a) all information you provide is true, accurate, and not misleading;
(b) you are legally single or otherwise legally free to pursue a personal relationship, or you have made any relevant relationship status fully and accurately known to the Company;
(c) you are not using the Services to facilitate any illegal act, including those described in Section 3;
(d) you are seeking the Services for legitimate, personal, non-commercial relationship purposes; and
(e) you will treat other Members, and any individuals introduced to you, with respect and in accordance with applicable law.
8. Conduct and Safety
Members are solely responsible for their own conduct and safety in connection with any introduction, meeting, or communication arranged through the Services. The Company strongly recommends that Members:
(a) meet in public locations for initial introductions;
(b) inform a trusted third party of meeting plans; and
(c) exercise reasonable caution and independent judgment at all times.
The Company is not responsible for the conduct, actions, or omissions of any Member or third party, whether online or in person.
9. Privacy and Confidentiality
The Company will handle personal information submitted by Members in accordance with its Privacy Policy. Members acknowledge that certain profile information may be shared with prospective matches as reasonably necessary to provide the Services, subject to the discretion and confidentiality practices described in the Privacy Policy.
10. Intellectual Property
All content on the Company's website and materials, including text, graphics, logos, and design elements, is the property of the Company or its licensors and is protected by applicable intellectual property laws. Members may not reproduce, distribute, or create derivative works from such content without prior written consent.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL RESULT IN ANY PARTICULAR RELATIONSHIP OUTCOME OR THAT ANY INTRODUCED INDIVIDUAL WILL BE SUITABLE, SAFE, OR TRUTHFUL.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY MEMBER OR THIRD PARTY; OR (C) ANY MEETING, RELATIONSHIP, OR INTERACTION ARISING FROM AN INTRODUCTION MADE THROUGH THE SERVICES. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY EXCEED THE TOTAL FEES PAID BY THE MEMBER TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its owners, officers, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; or (c) your conduct in connection with any introduction or meeting arranged through the Services.
14. Termination
The Company may suspend or terminate a Member's access to the Services at any time, with or without cause or notice, including but not limited to violations of Section 3 (No Solicitation or Facilitation of Illegal Conduct). Members may terminate their membership at any time subject to the cancellation terms in Section 6(c).
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles, except where mandatory consumer protection laws of the Member's state of residence apply.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement; Modification
These Terms, together with the Privacy Policy and any separate membership or fee agreement, constitute the entire agreement between the Member and the Company. The Company reserves the right to modify these Terms at any time by posting updated Terms on its website. Continued use of the Services after such modification constitutes acceptance of the revised Terms.
18. Contact
For questions regarding these Terms, please contact:
The Cultured Cohortmatch@culturedcohort.com
235 West 56th Street, Unit 22B
New York, NY 10019