Terms of Service

The term “Service” and “Services” refer to the services provided by DUO America, including without limitation access to DUO America community; communication tools; document management; and payment services. DUO Americaprovides a matchmaking service for its members to find their ideal mate among the members, by offering profiles of other members and supporting the member’s choice.

The term “Agreement” (which may also be referenced herein as these “Terms of Use”) refers collectively to all the terms, conditions, and notices contained or referenced in this document.

“We”, “Company”, and “Us” refer to DUO America, as well as our affiliates, directors, subsidiaries, officers, and employees.

“The User”, “You”, “Member” and “Your” refer to the person that has visited or is using this service.

Minimum Age. You must be at least 18 years old to use the Services of DUO America.

Marital Status. By requesting to use or using the Services, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use or use the Services.

Criminal History. By requesting to use and/or using the Services, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. DUO America DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENING ON ITS MEMBERS. However, DUO America reserves the right to conduct any criminal background check, at any time and using available public records to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.

Meeting Matching System Criteria. The Service requires your completion of the application and profile, along with DUO America ability to find good matches for you. Occasionally, the Company’s matching system cannot identify high quality compatible matches for a given individual.

Members shall truthfully complete the Personal Data Form provided by DUO America.

Members shall submit the following documents to DUO America to be placed in their personnel file; our service is contingent upon the receipt of these documents; these documents shall not be returned to the member during or following the termination of their
membership:
1. Transcripts from the institution where the highest education was attained.
2. Certificate of Employment.
- A copy of an identification card with a picture.
- Three pictures: 1 full-length picture, 2 pictures from the waist up.

$50.00 will be charged for any returned checks.

Should DUO America determine that a background check is necessary for a particular member in order to ensure the well-being and safety of the other members, the member shall comply.
- Should the members engage in the exchange of email addresses and/or other contact information but rejects the initial encounter, it is still presumed to be an actual meeting and will be deducted from the number of arranged meetings.

Members shall be truthful when submitting personal information to DUO America Inc. on the Personal Data Form. All the information shall be accurate, current, and complete.

Any changes to your personal profile must be reported to DUO America  Inc. and must be accompanied by supporting documentation.

Upon notice of a meeting, if the member is unable to attend the meeting, he/she must give a forty-eight (48) hour prior notice. If the member fails to give the forty-eight-hour prior notice two (2) times, the membership shall automatically be cancelled unless such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, embargoes, government orders, or any other force majeure event.

Members are expected to dress in a respectable and professional manner for their meetings.

Members are to be punctual for their meetings.

Members shall always be well-behaved and respectable to the other members. Third-party accompaniment is not allowed without prior approval from DUO America.

Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign your account to any other person or entity. You acknowledge that DUO America is not responsible for third party access to your account that results from theft or misappropriation of your names and passwords.

Geographic Limitations. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, the United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a “Specially Designated National” or another person to whom the provisions of the Services are prohibited. Use of the Services is void where prohibited. You are responsible for determining whether the user of the Services is legal in your jurisdiction.

Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Company; (ii) the information and content you otherwise make available through the Services; and (iii) your interactions with other Members through the Services. We may allow sharing your information with your matches.

Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Service.

No Guarantees. DUO America may not be able to provide matches for everyone seeking to use its Services. Further, Company makes no guarantees as to the number or frequency of matches through the Service, or to such matches’ ability, desire or criteria to communicate with any user. You understand that Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.

Reporting of Violations. You will promptly report to DUO America any violation of the Agreement by others, including but not limited to, Members.

Match Removal. DUO America reserves the right but has no obligation, to monitor the information or material you submit to the Services. Company will have the right to remove any such information or material that in its sole opinion violates, or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. Company further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience.

Communication Restrictions. You will not transmit to other users, communicate any content, or otherwise engage in any activity through the Services, that:
1. Promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
2. Is intended to or tends to harass, annoy, threaten, or intimidate any other users of the Services;
- Is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually-oriented, or otherwise objectionable;

Contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;

Contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

Promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violating someone’s privacy, harm or harass another person, obtain others’ identity information, or circumvent copy-protected devices;
- Intended to defraud, swindle or deceive other Users of the Services;
- Promotes or solicits involvement in or support of a political platform, religion, cult, or sect;

Disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;

Is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Services;

Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- Solicits gambling or engages in any gambling or similar activity;
- Uses scripts, bots or other automated technology to access the Services;
- Uses the Services for chain letter, junk mail, or spam emails;

Is in any way used for or in connection with spamming, phishing, trolling, or similar activities.
- Collects or solicits personal information about anyone under 18;

No False Information. You will not provide inaccurate, misleading or false information to Company or to any other Member. If the information provided to Company or another Member subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.

No Advertising or Commercial Solicitation. You will not advertise or solicit any Member to buy or sell any products or services through the Services. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, spam or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Company.

Unique and Bona Fide Profile. As a Member of the Services, you will create only one unique profile. In addition, your use of the Singles Services must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Service (for example, you may not become a Member solely to compile a report of compatible singles in your area or to write a school research paper).

No Harassment of DUO America Employees or Agents. You will not harass, annoy, intimidate or threaten any Company employees or agents engaged in providing any portion of the Services to you.

Ownership of Proprietary Information. You hereby acknowledge and agree that DUO America is the owner of highly valuable proprietary information, including without limitation, the compatibility matching system, compatibility profiles, and relationship questionnaires (collectively, “Confidential Information”). DUO America owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.

No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.

Other Users’ Other Members may contribute copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any DUO America or third party proprietary information available via the Services.

Disclosure by Law. You acknowledge and agree that DUO America may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend DUO America or a third party’s rights or property; or (iii) protect someone’s health or safety, such as when harm or violence against any person (including the member) is threatened.

Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement, DUO America reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Company suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that DUO America, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Company is permitted to make such disclosure.

No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DUO America PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, AND ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO AND AVAILABILITY OF THE SERVICES

Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DUO America. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO (1) THE USE OR INABILITY TO USE THE SERVICES; (2) THE USE AND/OR DISCLOSURE OF YOUR INFORMATION; (3) THE SERVICE GENERALLY OR (4) ANY OTHER INTERACTIONS WITH COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. COMPANY WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL.
- No Liability for DUO America. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED

UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Information Verification. DUO America and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that DUO America and its contractors will have no liability to you arising from any incorrectly verified information.

You agree to indemnify, defend and hold harmless DUO America, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement, and your violation of any applicable laws, rules or regulations. DUO America reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

If you have a dispute with one or more members, you release Company from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 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.”

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please contact and notify us.

This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or DUO America may terminate your account at any time, effective upon sending written notice to the other party. DUO America reserves the right to immediately suspend or terminate your access to any of the Services if there is a violation in Sections 2, 4 5, and 6 in this agreement. The company also reserves the right to remove your account information or data from our Services and any other records at any time at our sole discretion if the mentioned sections are violated. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to DUO America by you will be nonrefundable and all outstanding or pending payments will immediately be due.

Cancellation Any Time with No Refund. Except as otherwise stated, you may cancel your membership at any time during the term of your membership without any refund

Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all Services for which you contracted, you or 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.
1. If you have prepaid any amount for the Services, so much of the amount prepaid that is allocable to Services that you have not received will be promptly refunded to you or your representative.
2. “Disability” means a condition which precludes you from physically using the Services during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to DUO America.

Eighty (75%) is refundable within 48 hours of membership AND in the case of not receiving any profiles. (If the membership fee was paid with a credit/debit card, 1.5% will be charged for card processing fees.) Refunds are strictly prohibited to members who received one or more profiles even within the initial 48 hour period.

Company may amend this Agreement from time to time, and in Company’s sole discretion. We will provide notification to members of material changes to this agreement (i) by sending a notice to the primary email address specified in your account, which will take effect immediately upon our sending of this email. Non-material changes to this Agreement will take effect immediately. Your continued use of the Service after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.

Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and Company and any access or use of the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Company agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Los Angeles, California, except as provided below in this Agreement.

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Arbitration of Disputes. You and DUO America, agree that any disputes arising out of or related to the Services, this Agreement and/or any policies or practices of DUO America (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of DUO America copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which DUO America may elect to have re solved by means other than arbitration. Notwithstanding the above, DUO America is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND DUO America AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.

No Class Actions. YOU AND DUO America ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor DUO America. agrees to class arbitration or any arbitration where a person brings a Dispute as a representative of another person(s).

Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.

Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as a complete bar to any claim based on any Dispute.

Right to Seek Injunction. Violation of this Agreement may cause DUO America irreparable harm, and therefore agree that DUO America. will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that DUO America may have for a breach of this Agreement

Complete Agreement. These Terms of Use represent the complete and exclusive statement of the agreement between you and DUO America. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Company relating to the subject matter of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized DUO America executive.

Authorization to Contract. You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service.