TERMS AND CONDITIONS
TERMS AND CONDITIONS
Last Updated: January 1, 2022
Welcome to mataceinc.com
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America".
Please note that these Terms and Conditions contain provisions that govern the resolution of claims between mataceinc.com and you. Please see the Legal Disputes and Arbitration (section 15 herein) for complete details.
Certain provisions of these Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of a Site (the "Additional Terms"), including contests, sweepstakes, promotions, or other similar features, and the terms of our mobile application or product Sites. Your use of such pages or download or use of our mobile application, registration for an account, or use of event Sites we host on behalf of other organizations confirms your unconditional acceptance of the Additional Terms. If these Terms conflict with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of a Site; however, the arbitration provisions of these Terms shall apply to the Additional Terms. Use of our mobile applications are also subject to the terms of the separate license agreements for such Sites as found on such Sites and may be subject to separate terms or conditions entered into by the applicable organization, which are in addition to these Terms.
Privacy & Security
Information security is important to us. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. mataceinc.com does, however, reserve the right at all times to disclose any information as mataceinc.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Use of the Sites and License
The Sites are general purpose sites and are not targeted towards children under the age of thirteen (13). By accessing or using the Sites, including registering an account on a Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence). If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Sites only with the involvement of a parent or guardian. Subject to your compliance with these Terms, We grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use.
Restrictions on Use of the Site
You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not:
Gain access, or attempt to gain access, to any portion of a Site, or any systems or networks connected to a Site, by hacking, password mining or any other illegitimate or unlawful means;
Create or maintain any link from another website to any page on a Site without mataceinc.com's prior written permission;
Run or display a Site (or any material on a Site) in frames or through similar means on another site, application or location, without mataceinc.com's prior written permission;
Modify the information or materials located on a Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;
Use any deep-link, page-scrape, robot, spider, website search application or other automatic device, program or methodology, or any similar or equivalent manual process to access, copy, retrieve, monitor, mirror, reproduce or index a Site, or any portion of a Site;
Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts;
Create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of a Site, or otherwise interfere with users' enjoyment of a Site;
Transmit or upload to a Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of a Site or adversely affect a user;
Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on a Site or the IT infrastructure used to operate a Site;
Submit or post to a Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use a Site to transfer, communicate or store illegal material;
Scan or test the vulnerability of a Site or any network connected to a Site;
Access or use a Site or any User Content (as defined below) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from other countries); or Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.
Pricing and Content
With respect to items sold by mataceinc.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by mataceinc.com. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
All features, content, availability, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain dimensions, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Sites is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and We cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Sites.
From time to time, the Sites permit the submission of content, such as comments, suggestions, blogs and product reviews, generated by you and other users ("User Content"). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or idea that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to mataceinc.com that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party, or any applicable law, rule or regulation; (ii) you own or have the legal right to use and authorize mataceinc.com to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content; and (iii) your User Content does not violate mataceinc.com's Acceptable Use Policy set forth below.
mataceinc.com does not endorse any User Content or any opinion, recommendation, or advice expressed therein. mataceinc.com reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. mataceinc.com has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason. mataceinc.com takes no responsibility for User Content.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant mataceinc.com all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including mataceinc.com; (iv) impersonate any person or entity, including but not limited to, a representative of mataceinc.com, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xi) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (xii) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. mataceinc.com reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
Disclaimer of Warranties
mataceinc.com intends for the information and data contained in the Sites to be accurate and reliable, but since the information and data have been compiled from a variety of sources, they are provided "AS IS" and "AS AVAILABLE." You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, mataceinc.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
NEITHER mataceinc.com, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT-OF-DATE AND NEITHER mataceinc.com NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, mataceinc.com HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, mataceinc.com HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitation on Liability
We do not assume any responsibility and shall not be liable for any damages to, or viruses or other harmful or malicious code, that may infect or affect your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of a Site, linking to a third party site, or your downloading of any materials or information from a Site, and We will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.
IN NO EVENT WILL mataceinc.com OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF A SITE, ANY SITES LINKED TO A SITE, OR THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITES, OR ANY MATERIAL OR CONTENT ON THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND mataceinc.com. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH A SITE, SUBJECT TO THE EXCLUSIONS BELOW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS' FEES OR DAMAGES WHERE MANDATED BY STATUTE.
This Copyright Policy describes mataceinc.com's policy of prohibiting any information or materials that violate another party's intellectual property rights from appearing on www.mataceinc.com or related domains (collectively, the "Site").
Notification of Alleged Copyright Infringement
If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send mataceinc.com a written notification pursuant to the Digital Millennium Copyright Act of 1998 (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)), and request that the material be removed or that access to it be blocked.