Matheno Terms & Conditions
January 5, 2015
PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) BEFORE USING THIS SITE. THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SITE. DO NOT PURCHASE A SUBSCRIPTION, PRODUCT, REGISTER, AND/OR USE THIS SITE IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.
Welcome to Matheno.com (“Site”), which is owned and operated by Matheno, Inc., a California corporation. Our Terms apply to this Site, and to any downloadable applications made available through the Site or that interact with the Site and post these Terms.
SECTION 1. ACCOUNT FEES, PASSWORDS AND PAYMENTS
Passwords and Account Access. You are responsible for maintaining the confidentiality of your password and account information. You agree that (a) you will provide accurate registration information about yourself and any individual you authorize to access your account and keep your account information up-to-date, and (b) you are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized account use. We are in no way responsible for any loss that you may incur as a result of any unauthorized use of your account and password. You will not sell, transfer, or assign your account or any account rights.
Account Fees. Account fees or charges may change at any time at our discretion. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We may offer promotional trial subscriptions to access the Site for free or at special discounted prices. If you sign up for a trial use, your rights to use the Site are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
Authorization to Charge for Services. We use an external service, www.Stripe.com (“Stripe”) to process payment of account fees and charges. We do not store or host any debit or credit card information on our Site, and do not have access to such information. You must either use a credit card or other payment mechanism accepted by Stripe to activate and maintain a paid account. You authorize Stripe to charge you through the payment mechanism that you use when registering for an account. You will also be responsible for charges for any products or services that you order that are offered for sale through the Site. If Stripe does not receive payment from your credit card issuer, or other payment mechanism that you use, you agree to pay all amounts due hereunder upon demand and will be solely responsible for any dispute with your payment provider. Should the credit card or other payment mechanism provided initially be declined for insufficient funds or for any other reason, you will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. All use of Stripe is subject to the terms and conditions applicable thereto and available at www.Stripe.com.
Account Cancellation. To cancel your account, please either call us at (510) 883-3010 or send an email to [email protected], or use the Contact Us form. Please note, we do not provide full or partial refunds for prepaid sums.
SECTION 2. SITE OWNERSHIP AND LICENSE
Ownership. The Site design, text, content, selection and arrangement of elements, organization, graphics, images, compilation, digital conversion and other matters related to the Site are protected under copyright laws. COPYRIGHT 2015 MATHENO, INC. ALL RIGHTS RESERVED. As between us and you, the Site (including past, present and future versions) is owned and controlled by us and its Content is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. “Content” means the content of the Site including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, all activities, characters, photographs, audio clips, sounds, pictures, videos, animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, “Trademarks”); and (iii) other forms of intellectual property.
Limited License. Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable and non-transferable license (“License”) to download (temporary storage only), display, view, use, play, and/or print one (1) copy (excluding certain printable activities made available on the Site, which indicate that they may be printed multiple times) of the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”) for your personal, non-commercial use only. The License does not give you any ownership of, or any other intellectual property interest in, any Content or the Site, and you cannot otherwise use the Content or the Site without our express prior written permission. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. ANY UNAUTHORIZED USE OF ANY CONTENT OR THE SITE FOR ANY PURPOSE IS PROHIBITED.
SECTION 3. PRIVACY AND CONTENT YOU SUBMIT
SECTION 4. SITE AND CONTENT USE RESTRICTIONS
You agree that you will not: (i) engage in any activities that seek to attempt to or do harm to us, the Site or any others or are unlawful, offensive, obscene, lewd, violent, harassing, illegal, or that violate any right of any third party or are otherwise objectionable to us; (ii) reverse engineer, disassemble, or modify any Site source or object code or any software or other products, services, or processes accessible through the Site; (iii) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, us, or others; (iv) use any meta tags or other “hidden text” utilizing any of our Trademarks; (v) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on the use of or access to the Site or its Content; (vi) act in a manner that we, in our sole discretion, deem inappropriate for the venue; (vii) use the Site for commercial or political purposes; or (viii) otherwise violate these Terms.
SECTION 5. GOVERNING LAW
THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES.
SECTION 6. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK.
THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, we and our parent, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Company Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
- the Site (including the Content and the User-Generated Content);
- the functions, features, or any other elements on, or made accessible through, the Site;
- any products, services, or instructions offered or referenced at or linked through the Site;
- whether the Site (and its Content), or the servers that make the Site available, are free from any harmful components (including viruses, trojan horses, and other technologies that could adversely impact your Internet Device);
- whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
- whether any defects to the Site will be repaired; and
- whether your use of the Site is lawful in any particular jurisdiction.
THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUS OR OTHER HARMFUL ELEMENTS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
SECTION 7. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the Site (including the Content and the User-Generated Content);
- your use of or inability to use the Site, or the performance of the Site;
- the failure of a user to learn or otherwise benefit educationally from their use of the Site;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Site’s technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Site).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS EXCEED AN AGGREGATE OF $10.00 FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
SECTION 8. INDEMNITY
You agree to indemnify, defend and hold harmless the Company Parties from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) your breach or alleged breach of these Terms; (b) your use of the Site or activities in connection with the Site; (c) your User-Generated Content; (d) your violation of any law, rule or regulation; or (e) your violation of any third party rights. The Company Parties reserve the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company Parties in asserting any available defenses. You will not in any event settle any claim without our prior written consent. If any child you authorize to use or access the Site disaffirms any or all of these Terms, you agree to defend, indemnify and hold us harmless for any damages we suffer by the child’s disaffirmance.
SECTION 9. GENERAL PROVISIONS
Errors, Corrections and Changes. We do not warrant or represent that the Site is or will be error-free. Data entry errors, human error, technical and other problems sometimes result in inaccurate information being shown. Other factors can also cause errors. We shall have no liability for errors. We reserve the right to correct any inaccuracy or error.
Site Location. We do not assure that material on the Site is appropriate or available for use in any particular location or jurisdiction. Accessing this Site from a territory where the contents are illegal is prohibited. Accessing this Site is your decision and you are responsible to comply with local laws, including laws on viewing or receiving contents of this Site, and transmission of data exported from the United States or the territory where you live.
Termination and Suspension. We reserve the right to discontinue the Site or suspend or terminate your access to it, including any accounts or User-Generated Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or violates these Terms, then we may suspend or terminate your account or deny you access to all or part of the Site. Any suspension or termination will not affect your obligations to us, including any payment obligations to us. Upon suspension or termination of your access to the Site, or upon notice from us, your License to use the Site will terminate immediately.
Investigations; Cooperation with Law Enforcement. We reserve the right to: (i) investigate any suspected breaches of security, information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) involve and cooperate with law enforcement authorities in investigating any matters; and (iv) prosecute violators of these Terms.
Communications. When you communicate with us electronically, such as via a Site communication tool, you consent to receive communications from us (or our third-party mail provider, MailChimp, or our Support and Feedback system, UserVoice) electronically. Please note that we will do our best to respond to your inquiry but it may take us some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Severability; Interpretation. If any provision of these Terms is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms will not be construed against us because we drafted them.
Assignment. We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms, in whole or in part, may not be assigned by you, and you may not delegate your duties under them.
No Waiver. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Matheno.
Updates to Terms. We reserve the right to modify these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site, and that your use of the Site after we post the Updated Terms constitutes your agreement to the Updated Terms.