Miwako's Asian Connection, Inc.
	Members sign the following Agreement. It is copied below for information purposes: MIWAKO"S ASIAN CONNECTION, INC. MEMBERSHIP AGREEMENT TERMS AND CONDITIONS Recitals You are the customer and your name and address appear above, and below you are referenced below as "I" or "you". Miwako's Asian Connection, Inc. is referred to hereafter and in other documents you may review as either "MACI" or "Miwako's". Miwako's address for all notifications is 660 Baker St. #405, Costa Mesa, CA 92626. Miwako's phone # is 714-655-3055. The effective date of this contract is the date it is signed by you indicated above. You must read this agreement carefully, and if you access and use the services of MACI, MACI will reasonably rely upon that access and usage as a statement that you have read, understood and agreed to ALL terms and conditions of this agreement. You have been provided a copy of the MACI Privacy Policy statement and have reviewed it fully. You have no objection to any of the policies set forth in that statement; acknowledge, and understand its content; and otherwise agree to its terms. Such privacy policy is an addendum to this Agreement. MACI enjoys copyrights in some of the materials it may distribute or make available to you. You cannot presume to be able to arbitrarily reproduce copies of the pages or materials that come into your possession without prior written consent of MACI. MACI disclaims all warranties express or implied associated with the services it provides including information obtained from others utilized in providing those services. You are not allowed to use your membership or our services for unlawful purposes. Lawful usage�Eaccording to the terms and conditions of membership also requires you not to engage in violent, harassing, threatening, profane, obscene, discriminatory, fraudulent, deceptive or insulting conduct. MACI reserves the right to terminate membership and access to services for those reasons which we reserve and hereby deem solely within our discretion to decide. If you divulge information voluntarily without expectation of privacy, then that information can be freely distributed except as otherwise limited herein. MACI is not liable for inaccuracies, either original or associated with other members; for unauthorized access and usage of our services; nor for any damages associated directly or indirectly with those conditions or events. You are competent and have the legal right to make this agreement. You have provided truthful information in your application and profile. You are obligated for all charges incurred regardless of mistakes, errors or unintended disruptions in your payments. You understand and agree that MACI may under certain circumstances be obligated to reveal personal information about you to third parties. You agree to indemnify and hold harmless MACI and others from any harm or injury you cause or are otherwise responsible for. This is a California contract and disputes must be resolved through courts located in Orange County, California. Should you initiate or pursue a legal dispute, then you are obligated to have the dispute adjudicated by binding arbitration for any matter not otherwise subject to the Small Claims Court jurisdiction. Should MACI initiate or pursue a legal dispute against you, then MACI reserves the right to elect binding arbitration or otherwise pursue remedy in the courts. You understand that by agreeing to these terms, you are waiving certain rights to jury trial and appeal. This is the only agreement between you and MACI. Your entire agreement consists of this agreement, any notices or statements you have acknowledged review and acceptance of herein, and any supplemental releases or agreements that may apply to events that you voluntarily participate in. You have a LIMITED right to cancel this contract. The fee you have paid is otherwise not refundable. AGREEMENT IN CONSIDERATION of being a member in Miwako's Asian Connection, Inc.'s club and utilizing the services offered by the club, I agree to the following: 1. Term and Cost. The term of membership in Miwako's Asian Connection, Inc.'s club is for ____ months from _______________ to _______________. I paid the following fee for membership: $_________. I agree that membership fees except as otherwise noted herein are not refundable. My membership is not transferable. My membership may be suspended upon request. 2. Competency. I am at least 18 years old and am not currently married. 3. Consent and Authorization. MACI will share my photograph and profile information with others who may have an interest for a mutual introduction, and I hereby authorize and provide MACI license to so distribute and disseminate my photograph and profile information for this purpose. With mutual consent, MACI will share phone numbers, or e-mail address and I will decide whether to speak or meet the other person. I agree that I am solely responsible for speaking to or meeting any person. MACI recommends that your initial meetings be in public places. I understand MACI will attempt to introduce me to others, but I agree MACI does not guaranty successful introductions. I have read the privacy policy statement and acknowledge, understand and accept those terms, including the conditions, limitations, and disclaimers expressed therein. 4. Additional Activities, Costs, Voluntary, Assumption of Risk. Periodically, MACI will arrange social activities to provide opportunities for me to meet others. Usually there will be additional costs for such activities. I understand that I do not have to attend such activities. At such activities, I understand I will have the opportunity to meet others and share personal information if I so choose. I understand there are risks in interacting with other people and participating in social activities. I agree that I am solely responsible for my interactions with others, and MACI is not responsible for my or other's behavior or actions. I assume full responsibility for any and all risks, including without limitation, bodily injury, related to club membership including, but not limited to, the following: a) the services MACI provides, b) communications, meetings and / or interactions with others; or c) MACI social activities. 5. Disclosure and Confidentiality. The information I have provided on the application and profile is true and correct. I promise to keep all information about other members confidential, and I promise to be courteous and respectful to others. I understand that MACI does not verify information on member's applications and profiles nor does MACI do any type of background check on members. I agree that MACI is not responsible for member's background, truthfulness, personality, behavior or actions. 6. Indemnification, Hold Harmless and Release. I agree to defend, indemnify, save, hold harmless, release, and discharge MACI, its officers and employees, from, against and/or related to all obligations, costs, demands and liabilities, in any way suffered, incurred or paid, relating to, resulting from or in any way arising out of my membership, the services MACI provides, or MACI social activities. If there is a dispute between me, and another member or third party, MACI is under no obligation to become involved. In the event that I have a dispute with one or more members or third parties, I hereby release MACI, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. For these purposes, I agree to waive California Civil Code Section 1542, which says "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." 7. Arbitration and Disputes. I agree that any controversy between me and MACI that I initiate or seek to adjudicate involving the construction or application of any of the terms, covenants, or conditions of this agreement, not otherwise subject to the Small Claims Court jurisdiction, shall be submitted to binding arbitration in Orange County, California. I further agree that any controversy between me and MACI that MACI initiates or seeks to adjudicate involving the construction or application of any of the terms, covenants, or conditions of this agreement, may be subject to binding arbitration in Orange County, California upon request of MACI. Any arbitration shall comply with and be governed by the provisions of the California Arbitration Act, California Code of Civil Procedure, Sections 1280-1294.2. In any such dispute to enforce this agreement, the party substantially prevailing shall be entitled to recover from the other party its reasonable costs, including, without limitation, reasonable attorney's fees. I understand that by agreeing to binding arbitration that I am giving up certain rights that I might possess to have the dispute litigated in a court by trial and hearing, and other rights to discovery, jury and appeal. I also realize that if I refuse to submit my disputes with MACI to binding arbitration I may be compelled to arbitrate and that my agreement here is totally voluntary. In any adjudication, whether by arbitration or court process, I agree the damages to me shall be limited to the fee paid for membership. 8. Sole Discretion. If MACI, in its sole discretion, determines that a violation of the Terms of Service has occurred, MACI may pursue any of its legal remedies, including but not limited to the immediate refusal to provide further services, cancellation of Your account and /or the exclusion of any person(s) who may have violated any portion of this agreement. MACI could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. MACI will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it's rights. Such cooperation may be without notice to You. If MACI believes in its sole discretion that any member conduct, speech (written or oral) may create liability for MACI, MACI may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of your information. In sum, MACI reserves the right to refuse service to anyone at any time, for any reason, and without notice. 9. DISCLAIMER OF WARRANTIES. I AGREE THAT USE OF THESE SERVICE IS AT MY SOLE RISK. THESE SERVICES ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. MACI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MACI MAKES NO WARRANTY THAT IT WILL MEET ALL OF YOUR DATING REQUIREMENTS, THAT THEIR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MACI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE CANDIDATES OR MEMBERS AVAILABLE FOR INTRODUCTION OR DATING PURPOSES. I UNDERSTAND AND AGREE THAT ANY INFORMATION OR MATERIAL AND/OR SERVICES OBTAINED THROUGH MACI IS DONE AT MY OWN DISCRETION AND RISK AND THAT I WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ME FROM MACI OR THROUGH OR FROM THE MACI SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 10. LIMITATION OF LIABILITY. I AGREE THAT NEITHER MACI NOR ANY OF ITS EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE SERVICES PROVIDED; OR, THE INABILITY TO USE THE SERVICES; OR, FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR, RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR RECEIVED; OR, TRANSACTIONS ENTERED INTO THROUGH OR FROM CONTACT WITH MACI; OR, FROM USAGE OF THE SERVICES IT PROVIDES, ATTENDANCE AT ANY EVENTS IT ARRANGES; OR, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY MEMBER�S INFORMATION OR DATA; OR, ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICES IT PROVIDES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MACI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I FURTHER AGREE THAT MACI SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. I AGREE THAT MACI SHALL NOT BE RESPONSIBLE OR LIABLE TO ME, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY OTHER MEMBER OR THIRD PARTY OF THE SERVICE. In no event shall MACI's total liability to ME for all damages, losses, and causes of action exceed the amount paid by ME to MACI, if any, that is related to the cause of action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 11. Termination. I agree that my membership may be terminated by MACI without refund if I violate any part of this Agreement. You may terminate your membership voluntarily without refund. There are unforeseen circumstances whereby we may mutually agree to terminate your membership. Any refunds that may be due to you will be determined by the duration of time this Agreement was in effect. Refunds, if any, shall be determined by the following schedule: a) one week: 50% refunded; b) thereafter up to one month: 25% refunded; c) thereafter up to two months: 10% refunded; or d) after two months: 0% refunded. 12. Termination- Death or Disability. If by reason of death or disability you are unable to receive all services for which you have contracted, you and your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in paragraph (4) above. If you have prepaid any amount for services, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you or your representative. "Disability" means a condition that precludes you from physically using the services specified in this Agreement during the term of disability, and a physician designated and remunerated by you verifies the condition in writing. The written verification of the physician shall be presented to MACI. If the physician determines that the duration of the disability will be less than six months, MACI may extend the term of the contract for a period of six months at no additional charge to you in lieu of cancellation. 13. Termination-Relocation. If you relocate your primary residence further than 50 miles from the MACI office, and your new primary residence address is outside of San Diego, Orange, or Los Angeles counties, you may elect to be relieved of the obligation to make payment for services other than those received prior to that relocation, and if you have prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you. If you elect to be relieved of further obligation pursuant to this section, you may be charged a predetermined fee not to exceed one hundred dollars ($100) or, if more than half the life of the contract has expired, a predetermined fee not to exceed fifty dollars ($50). 14. Miscellaneous: Collateral documents. The parties each and all agree to execute any and all documents and undertake any and all actions reasonably necessary to carry out the goals, objectives and intent of this agreement. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be valid as an original copy. If executed in duplicate, each duplicate copy shall be as valid as an original copy. No distinction shall be made between an originally typed document and a machine-copied document, provided that the copies contain original signatures. Governing Law. This Agreement has been negotiated and entered into in the State of California, and shall be governed by, construed and enforced in accordance with the internal laws of the State of California, applied to contracts made in California to be wholly performed in California. Severability. In the event that any covenant, condition or other provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other covenant, condition or other provision herein contained. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. Waiver and Amendment. No breach of any provision hereof can be waived unless in writing signed by the party to be charged. Waiver of any one breach of any provision hereof shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. This Agreement may be amended only by a written agreement executed by the parties in interest at the time of the modification. Integration. This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof. All agreements, covenants, representations and warranties of the parties with regard to the subject matter hereof, express and implied, oral and written, are contained herein, and the documents referred to herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to any other party with respect to the subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties with respect to the subject matter hereof are waived, merged herein and therein and superseded hereby and thereby. This is an integrated agreement. Modifications. Unless otherwise stated, this Agreement may not be amended, canceled, revoked or otherwise modified except by written agreement subscribed by all of the parties to be charged with such modification. Voluntary Agreement. The parties hereto, and each of them, further represent and declare that they have carefully read this Agreement and know its contents, and that they sign the same freely and voluntarily. (THE FOLLOWING PARAGRAPH IS BOLDED AND IN LARGER FONT IN THE ACTUAL CONTRACT) 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: Miwako's Asian Connection, Inc., 660 Baker St. #405, Costa Mesa, CA 92626. I hereby agree to the above terms by signing on the date indicated at the top of page one at _____________________, California: Member: _____________________________ Printed Name_________________ Miwako's Asian Connection, Inc. By: ________________________ Miwako Abe, its President Miwako's Asian Connection, Inc. Privacy Policy Miwako's Asian Connection, Inc. (hereafter "Miwako's") respects the privacy and security of its users. Our goal is to provide you with an experience that delivers the information, resources, and services that are most relevant and helpful to you. In order to achieve this goal, we may have asked you to provide certain information voluntarily. In order to demonstrate our commitment to your privacy, we have prepared this statement disclosing our privacy practices. Additional terms and conditions, if any, regarding the collection and use of your information may also be provided to you before you sign up for our service. Here, you will learn what personally identifiable information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information. What Information is Collected: Miwako's collects certain information from and about its customers in the following ways: 1) the initial interview when Miwako's offered the club services to you, 2) subsequent conversations between you and Miwako's, and 3) the completion of an application and profile information. Specifically, you may have provided personal and identifying information, information such as phone numbers, addresses, employment, age, personal preferences, personal characteristics, gender, marital status, hobbies, e- mail addresses, and photographs. The more accurate information you volunteer, the better we are able to serve you. By providing this information, you are expressly authorizing Miwako's to provide the same information to others for dating, personal introduction and matchmaking purposes, and with respect to photos, you are granting us a license to display and otherwise distribute your photo or image to others for the same purpose. You should remember that whenever you voluntarily disclose other personal information, such as at social events, or through contacts you negotiate through our service, your information can be collected and used by others over whom we have no control, and to whom this policy statement may not apply. Although Miwako's tries to protect your personal information from unauthorized use by other members or third parties, Miwako's cannot ensure or warrant the security of any information you transmit to others, and you do so at your own risk. You are also solely responsible for disclosure of any private information in this manner or in these situations. How and When Information is Used: We do not sell, use, market or otherwise reveal your private information to others without your disclosure or authorization. We do not market or sell identifying information nor any facts which would otherwise be used or could be used for promotional or advertising or other purposes. Any information you have voluntarily provided to us is used solely for identification purposes, and solely for the services you have authorized. How We Protect Your Information and Who Has Access to the Information: The privacy and protection of your personal information is important to us. Miwako's makes personal information available to others for the purpose of the service Miwako's provides (e.g., dating service, personal introductions, matchmaking, and social gatherings). Your private information remains private except to the extent that Miwako's uses such information in order to provide you the services for which you have contracted. Your personal information is kept in presentation binders for display to others interested in Miwako's services. Your personal information is shared discreetly with others. We attempt to keep personal information private but there is no guaranty as the information is in the presentation binders. Your privacy is not guaranteed, but Miwako's goal is to be discreet. You have had the opportunity to view the presentation binders with others' personal information. Your nformation will be presented in a similar manner and fashion. As the presentation binders are not kept in totally secure environments, there is a risk of theft of such binders and the personal information therein. Miwako's takes precautions to secure such information but, unfortunately, Miwako's process cannot guaranty 100% privacy and security. Accordingly, despite our efforts to protect your personal information, Miwako's cannot insure or warrant the privacy or security of any information you transmit to us. You transmit and provide all such nformation at your own risk. However, once we receive your transmission, Miwako's will use its best efforts to insure its privacy and security. Except as described herein, Miwako's will not willfully disclose any individually identifiable information about its customers to any third party without first receiving that customer's permission. Miwako's may disclose personal information when we believe in good faith that the law requires it or to protect the rights or property of Miwako's. Otherwise, only Miwako's authorized agents and personnel have access to your information. We welcome any questions or comments you have about Miwako's and its handling of your private information. (c) All rights reserved, Miwako's Asian Connection, Inc., 2003.