SERVICE AGREEMENT AND

TERMS & CONDITIONS

Please read this Service Agreement and Terms & Conditions carefully before utilizing Pilialoha Dating Services LLC in any capacity. Service Agreement and Terms & Conditions incorporate the full Membership Agreement. Pilialoha Dating Services LLC is sometimes referred to as “PDS,” and the Client, Member, or Participant is sometimes referred to as “Client” or “CMP” or “CMPs”.

This SERVICE AGREEMENT AND TERMS & CONDITIONS (this "Agreement") is entered into by Pilialoha Dating Services LLC, a Colorado limited liability company ("PDS"), and you ("Client" or “Member” or “Participant” or “CMP”) and is effective as of the date on which CMP submits an Event Registration, submits a member profile form, or purchases any services from PDS (the "Effective Date").

CHANGES TO THESE TERMS

PDS reserves the right to change the Agreement at any time. These changes become effective immediately upon posting on the Website. Each time you use the Website, CMP agrees to review the current Agreement. CMP can determine when the Agreement was last revised by referring to the "Effective Date" at the top of this Agreement. Any modified Agreement becomes effective upon publication.

By continuing to access and use the PDS Website and participate in any Services after the effective date of any changes, CMP agrees to be bound by the modified terms.

THE WEBSITE

PDS reserves the right to withdraw or amend this Website or Services PDS provides on the Website, in PDS’s sole discretion without notice. Any of the material on the Website may be out of date at any given time, and PDS are under no obligation to update such material. PDS will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

1. Definitions

  • Agreement means this Agreement between the parties - PDS and CMP - and any attachments to it.

  • Client means a customer who has purchased the full range of PDS services including any Coaching, Consulting, Matchmaking Services and any associated services.

  • Customer means any person who is a Client, Member, or Participant “CMP” who is engaged with the Services.

  • Coach means an employee or contractor trained in the field of relationship guidance.

  • Coaching means the performance by the Coach in delivering relationship guidance to CMP.

  • Confidentiality means keeping secret any non-public information shared with PDS by any Customer except if there is risk of harm to self or others, any abuse, or if anything is court ordered.

  • Consultant means an employee or contractor or PDS representative with knowledge in the related field.

  • Consulting means the performance by the Consultant in delivering fast solutions to improving dating experiences.

  • Database means a network of individuals who signed up for a free membership and could be potential matches for a Client.

  • Introduction means a first meeting or date with a potential match.

  • Matchmaker means a PDS representative who delivers the Service, in whole or part.

  • Member means an individual who is a part of the PDS Database/Network and who may be matched with a Client.

  • Participant means an individual who is engaging in any PDS event or activity.

  • Pause means the option of a Client to temporarily stop the Services.

  • Services means the work performed by PDS in delivering Coaching, Consulting, Matchmaking, Events, Activities, Meetings, Introductions, the Website.

2. Services

  1. Coaching Services: Coaching services are referred to as “Coaching” and the terms are listed directly on the Services Page. Coaching services are subject to the following terms:

    • Coaching does not treat mental disorders as defined by the American Psychiatric Association, and Coaching is not a substitute for Counseling, Psychotherapy, Psychoanalysis, Psychiatry, or Substance Abuse Treatment. Coaching will not be used in place of any form of Therapy.

    • The CMP hereby certifies that if they are now or in the future under the care of a Psychiatrist or any other mental healthcare professional, the CMP has consulted with such persons regarding the advisability of working with a Coach.

    • Coaching is not to be used in lieu of other expert advice, e.g. legal, financial, mental, medical, or other matters. All decisions exclusively belong to the Client.

    • If a CMP’s Coach is also an LPC, LMHC, LCSW or holds any other professional license in the mental health field the CMP acknowledges and agrees that the Coach will only perform coaching duties and will not provide services related to their professional license. If the CMP needs treatment for any mental health issues, the Coach will refer the CMP to another mental health professional because the Coach's affiliation with PDS is for coaching purposes.

    • Coaches may share relevant CMP information with other PDS coaches, CMP’s matchmaker, and PDS employees as needed to deliver you the services. No information or materials will be shared with third-parties, on the Internet, or other non-PDS affiliated people and confidentiality will be kept except in the following circumstances:

      1. When disclosure is necessary to prevent self-harm or harm to others.

      2. When legal demands require confidential material to be released.

      3. When a child, elder, or disabled person is in need of protection.

  2. Consulting Services: Consulting Services are referred to as “Consulting” and the terms are listed directly on the Services Page.

  3. Matchmaking Services: Matchmaking Services are referred to as “Matchmaking” and the terms are listed on the Services Page and Member Agreement.

3. No Guarantees

PDS strives to provide CMPs the opportunity for relationship success; however, no guarantees exist. PDS provides no warranty that our Services will result in a specific timeline or general dating cadence. PDS does not and cannot guarantee marriage, engagement, a committed relationship, exclusivity, chemistry, attraction, compatibility, mutual interest, continued communication, sexual compatibility, emotional connection, a specific number of dates, or any particular romantic or personal outcome. Matchmaking and dating is subjective, personal, and dependent on many factors outside PDS’s control, including each CMP's preferences, communication style, availability, emotional readiness, conduct, flexibility, chemistry, honesty, and mutual interest.

Any statements regarding goals, hopes, compatibility, quality of matches, relationship potential, curated introductions, or possible outcomes are aspirational and descriptive only. They are not guarantees, warranties, promises, or representations that a particular result will occur.

Preferences Are Not Guarantees

PDS considers CMP preferences in good faith, but preferences are not guaranteed. PDS may provide potential matches outside stated preferences where, in PDS’s professional judgment, compatibility may reasonably exist.

PDS does not guarantee that any potential match or Introduction will meet any stated preference or claimed “deal breaker,” including but not limited to age, height, income, education, religion, ethnicity, race, political affiliation, geography, physical appearance, family background, lifestyle, occupation, personality, or any other characteristic. PDS will exercise reasonable, good-faith efforts to provide Services within the scope of the applicable coaching, consulting, matchmaking, membership, or event.

CMP expressly waives any claim, refund, or remedy based solely on PDS’s failure to satisfy a stated preference or alleged deal breaker, except to the extent such waiver is prohibited by non-waivable law.

4. No Compensation

By joining PDS, whether as a client, member, or participant, CMP understands there will be no compensation, money, gifts, or reimbursement of any kind related to PDS services, except as required by law.

5. Refunds

All Services are non-refundable. No refunds are given at any time for any reason. This excludes the purchase of a “1 Month Add On” for Matchmaking Services. If a client does not need the full month of service, they can cancel before the month ends with written notice and receive a prorated refund.

6. Cancellation, Pausing, and Termination

Cancellation of membership or Services is available at any time. PDS reserves the right to terminate any Services at any stage without refund. Pausing Services is available if you would like to temporarily halt Services for longer than 4 weeks. CMP must provide PDS with written notice requesting to Pause Services. If CMP is unresponsive or non-communicative to PDS for 30 days and is not on a Pause, PDS may terminate Services at PDS’s discretion without refund.

If you have purchased a Service using installments, if your payments are not paid by the due date then your service will be on pause (none of the Service inclusions will be provided) until the payment is received. You will not lose any time or inclusions from your original Service and it will resume once payment is completed.

PDS reserves the right to terminate any Services immediately and at any stage without refund if you: (1) consistently or repeatedly refuse an introduction to selected matches or fail to participate in the Services without notice; (2) exhibit a problematic or repeated lack of availability to either the Matchmaker or your Matches; (3) Matches/participants/clients report to PDS that you behaved poorly before, during, or after the date; (4) provided false or misleading information to us or to selected Matches; (5) relocate to a geographical location where PDS cannot provide you the Services; (6) exhibit inappropriate behavior toward PDS staff or Members of the PDS community; or (7) violate any of the terms of your Agreements or policies.

7. Confidentiality, Privacy, and Safety

Protecting privacy and safety is a top priority. Identity and contact information are not shared without permission. For matchmaking, your profile is confidential within the Pilialoha Dating Services LLC network. Information is stored confidentially and law enforcement access will only be required by law. The information shared with a potential match depends on each individual’s privacy preferences. Privacy preferences could include sharing photos and a brief bio before the introduction, or sharing just a brief bio. PDS shall respect the Client’s/Member’s/Participant’s right to privacy and will not share any private information from the CMP to others who are not affiliated with the PDS unless it is essential to providing the Services. Without limiting the foregoing, PDS may disclose confidential information when appropriate.  PDS shall take reasonable measures to protect the confidentiality of all information obtained in the course of providing the Services. PDS will inform the CMP, to the extent possible, about the disclosure of confidential information. CMP affirmatively agrees that any information shared by CMP with an another CMP is not controllable by PDS, and dissemination from CMP to friends, family or other contacts of said CMP is to reasonably expected. Client agrees that all information given to which CMP has access during the performance of Services or an event, or to which CMP has access to under this Agreement, shall be kept confidential and shall remain the proprietary information and exclusive property of PDS.  CMP understands that any information that is shared with friends, family, and acquaintances is not controllable by PDS, and is reasonably expected to be disseminated. 

CMP agrees not to disclose, publish, screenshot, forward, post, upload, share, or misuse PDS’s confidential information, including match suggestions, candidate identities, client identities, profiles, photos, contact information, feedback, notes, Matchmaker communications, pricing, internal processes, database information, or proprietary business information. You also agree not to publicly identify, discuss, embarrass, harass, contact, investigate, expose, or misuse information about any PDS client, candidate, potential match, Member, event participant, Matchmaker, team member, or referral source.​

Pilialoha Dating Services LLC does not conduct background checks. Members are responsible for exercising their own good judgment and discretion when meeting any individual introduced through Pilialoha Dating Services LLC services or events. The CMP is responsible for their safety in the usual manner they handle interactions in everyday life. PDS does not guarantee that any client, member, potential match, or event participant is safe, truthful, compatible, emotionally available, financially stable, legally single, or free of criminal, civil, or personal issues.

By using our Services, CMP acknowledges and agrees that they are solely responsible for conducting their own due diligence and for exercising independent judgment before meeting or communicating with any person introduced through our Services.

8. Eligibility, Accuracy of Information, Verification of Statements

By agreeing to this Agreement, you represent that:

a. You are at least 21 years old;

b. You are legally able to enter into this agreement;

c. You are legally single or otherwise ethically available to date;

d. All information you provide is truthful, accurate, current, complete, and you will inform PDS of any informational updates immediately;

e. You are participating in any PDS Services in good faith and not for any improper purpose.

PDS may decline, pause, remove, or terminate any CMP in it’s discretion, subject to applicable law.

Pilialoha Dating Services LLC does not independently verify statements made by CMPs, including but not limited to age, marital status, income, education, employment, personal history, or character. CMPs may provide inaccurate, incomplete, misleading, or false information. PDS may ask for ID verification however PDS does not claim to be an expert on determining if an ID is legitimate. PDS will use its best judgment when examining IDs to determine their legitimacy but will not be held accountable if a CMP's ID is illegitimate or the information is inaccurate.

9. No Discrimination and Conduct

PDS does not tolerate discrimination in any form towards any client, customer, member, participant, contractor, associate, or employee. This includes hateful, offensive, disparaging, harassing, threatening, abusive, assaultive, defamatory, and harmful conduct or language that intentionally or inadvertently targets any individuals, groups, communities, affiliations, religions, and associations.

You agree to treat PDS, its Matchmakers, team members, employees, clients, potential matches, members, event participants, vendors, and referral sources with respect. PDS may without refund remove, pause, or terminate participation if you engage in conduct that PDS reasonably determines is dishonest, unsafe, harassing, discriminatory, threatening, abusive, inappropriate, or inconsistent with the integrity of the Services. Review 86’ed Policy for more details on conduct.

10. Electronic and SMS Communications

When CMP provides an email address or phone number, CMP agrees to receive communications from PDS via email, phone call, or SMS related to the Services PDS provides to you. CMP agrees that these communications may occur at any time without further obligation. CMP can opt out of receiving messages from PDS at any time. If CMP opts out, PDS reserves the right to terminate the relationship with CMP because communication may be difficult.

11. Interactions with Other CMP and Zero-Tolerance Policy

Though PDS strives to encourage a respectful experience, it is not responsible for any CMP's conduct. As a CMP you agree to use caution in all interactions with other clients, members, or participants. CMP acknowledges that participation in our Services is voluntary and PDS does not control the actions, behavior, or representations of any CMP. As a CMP, you assume all risks associated with meeting or communicating with any individual introduced through our Services.

PDS has a zero-tolerance policy against human trafficiking, sexual exploitation, and aiding/abetting abuse or committing a crime. Engendering, participating in, or directly profiting from forced labor or commercial sexual activity constitutes human trafficking. There is severe punishment of any individual or organization involved in compelling labor, facilitating commercial sex acts, or encouraging abuse through force, fraud, or coercion. [1,2,3]

Colorado law strictly prohibits human trafficking, sexual exploitation, and aiding or abetting abuse under Title 18, Article 3 of the Colorado Revised Statutes. State policy classifies these actions as severe felonies with mandatory prison time, explicitly identifying sexually exploited minors as victims rather than willing participants. [1, 2, 3] Colorado defines human trafficking as the recruitment, harboring, transporting, or enticing of a person through the use of force, fraud, or coercion for labor or commercial sexual acts. For minors, a commercial sex act is considered a crime regardless of whether force or coercion is involved. [1, 2] Trafficking an adult for sexual servitude is a Class 3 felony. Under Colorado's complicity statute (C.R.S. § 18-1-603), a person who aids, abets, advises, encourages, or hires another person to commit a crime or abuse can be prosecuted and held accountable as if they were the principal offender. [1]

12. Private Binding Arbitration

By agreeing to this Agreement CMP and PDS agree that any dispute, claim, or controversy arising out of or relating to your membership, cancellation, matchmaking introduction, website use, communications, or any related PDS service shall be resolved by private, final, and binding individual arbitration, except for claims that cannot legally be required to arbitrate or claims that qualify for small claims court.

The arbitration shall be administered by AAA or JAMS under the applicable consumer arbitration rules, unless the parties agree otherwise in writing.

Arbitration shall take place in Denver County, Colorado, or remotely by video if the arbitrator permits or if both PDS and CMP agree.

Nothing in this section prevents either PDS or CMP from seeking temporary or emergency injunctive relief in court to protect confidentiality, privacy, intellectual property, safety, or other urgent rights.

13. Class Action Waiver and Jury Trial Waiver

By agreeing to this Agreement, CMP and PDS agree to bring any claim only on an individual basis. To the fullest extent permitted by law, CMP and PDS waive the right to bring, join, participate in, or recover through any class action, collective action, consolidated action, representative action, mass action, private attorney general action, or other group proceeding.

CMP and PDS also waive the right to a jury trial for any dispute that proceeds in court rather than arbitration, to the fullest extent permitted by law.

If any portion of this waiver is found unenforceable as to a particular claim, only that claim shall proceed as required by law, and all remaining claims shall proceed in individual arbitration to the fullest extent permitted by law.

14. Contact

If you have any questions or concerns relative to this Agreement please send a message via the contact page or use the contact information below.

15. Electronic Acceptance

By checking the box, clicking the submit/add to cart/purchase/confirm/checkout/buy button for any PDS services, member profile information, becoming a member, or otherwise electronically accepting this Agreement, you agree that your electronic acceptance has the same legal effect as a handwritten signature.