Last Updated: November 18, 2022
Acceptance of Terms of Service
These Terms of Service (this “Agreement”) are between you and Matter Unlimited LLC (“Matter Unlimited”, “we”, “us”, “our”) and govern your access to and use of the https://matterunlimited.com website as well as any other media form, media channel, mobile website, software, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). “You” refers to the person or entity that uses the website, regardless of whether they are a frequent user or a visitor. By accessing or using any portion of the website, you represent and warrant that (i) you have read and understood these terms and (ii) you confirm your agreement to be bound by the terms of this Agreement. If you do not agree to this Agreement, you may not access or use the Site. Matter Unlimited may immediately withdraw, discontinue, amend, or terminate your use of the Site or any portion thereof, at any time for any reason, at its sole discretion without notice.
THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; AND (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION LAWSUIT AGAINST US, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. BY USING THE SITE YOU AGREE TO THESE PROVISIONS.
Changes to our Services; Changes to the Agreement
Matter Unlimited may remove or add functionalities or features from the Site at any time. Matter Unlimited reserves the right to amend this Agreement at any time. All changes are effective immediately once posted, and Matter Unlimited will use reasonable efforts to alert you about any changes by updating the “Last Updated” date of this Agreement. By continuing to use the Site after the date such revised Agreement is posted, you will be subject to, and be deemed to have accepted, the changes therein.
License to Access and Use the Site
Matter Unlimited grants you the right to use and access the Site for personal, non-commercial use, provided that your activities are in accordance with federal law, applicable state law, and this Agreement. By using this Site, you acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Site. Any distribution or reproduction of any content from the Site other than what is expressly permitted in this Agreement is prohibited.
You are solely responsible for obtaining Internet or data network access necessary to use the Site and any updates thereto. We do not guarantee that the Site, or any portion thereof, will function on any particular hardware or device or that use of the Site will be uninterrupted or free from delays or malfunctions.
Third-Party Responsibility
The Site may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control any third-party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use, and sharing of your personal information. We encourage you to read the privacy policies and terms of service of the other websites and online services you use.
Matter Unlimited’s Intellectual Property Rights
“Matter,” “Matter Unlimited,” and their respective logos, designs, trade dress, trademarks, slogans, as well as all original content, features, and functionality on the Site (including its “look and feel”), including but not limited to, all information, inventions, algorithms, source code, computer software, methods, text, displays, images, artwork, graphics, video and audio, and the design, implementation, selection, and arrangement thereof contained in the Site (collectively, “Matter Unlimited IP”) are owned by Matter Unlimited and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Accordingly, you agree not to: (i) reproduce, reformat, distribute, modify, create derivative works of, publicly display, publicly perform, promote, publish, download, store, license, sublicense, or transmit any Matter Unlimited IP except as allowed by law or as necessary to use the Site for their intended purposes in compliance with this Agreement, (ii) attempt to decompile, reverse engineer, or read-out any Matter Unlimited IP, (iii) or delete or alter any copyright, trademark or other proprietary rights notices from any Matter Unlimited IP.
Except for the limited license granted herein, neither these terms nor your use of the Site convey or grant to you any right, title, or interest: (i) to any Matter Unlimited IP in or related to the Site or (ii) to use or reference in any manner Matter Unlimited’s company names, logos and service names, trademarks or services marks or those of Matter Unlimited’s licensors.
All rights not expressly granted are reserved by Matter Unlimited.
Prohibited Activities
By using the Site, you represent, warrant, and agree that you will abide by all of the terms of this Agreement, applicable state, and federal laws. This includes refraining from prohibited activities such as:
- Taking any action that infringes upon or violates the rights of anyone else, including Matter Unlimited;
- Activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Actions that may jeopardize the security of your account or others’ accounts;
- Violating the security of any computer network, internet connection, encrypted data, or the like;
- Modifying, adapting, hacking or emulating the Site;
- Circumventing or attempting to circumvent any filtering, security measures or other features designed to protect the Site, or third parties;
- Using the Site to distribute deceptive or false source-identifying information or any virus, trojan horse, time bomb, or other malicious code or technologies that may damage, interfere with, harm, or attempt to damage the Site, Matter Unlimited, or any of its users; or
- Decompiling, reverse engineering, or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Site.
Failure to refrain from any prohibited activities may result in your rights to use the Site being suspended or terminated.
Disclaimer of Warranties, Limitation of Liability, and Indemnification
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL ASSOCIATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MATTER UNLIMITED DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MATTER UNLIMITED DOES NOT REPRESENT OR WARRANT THAT THE SITE OR OTHER SERVICES WILL BE AVAILABLE ERROR-FREE, VIRUS-FREE, SECURE, OR WITHOUT INTERRUPTION. THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND MATTER UNLIMITED IS NOT RESPONSIBLE FOR ANY DELAY, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL MATTER UNLIMITED, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF THE SITE, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITE, EVEN IF MATTER UNLIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS EXPRESSLY STATED ABOVE, MATTER UNLIMITED’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS USD ($100 USD).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD MATTER UNLIMITED, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR AGENTS HARMLESS FROM ANY CLAIMS, LOSSES, LIABILITY COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM (I) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, (II) YOUR USE OF THE SITE, OR (III) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS.
Termination of Service
You may terminate this Agreement at any time by not accessing the Site. So long as you continue to access the Site, this Agreement is still in effect. Matter Unlimited may immediately terminate this Agreement at any time and for any reason (and therefore, your right to access and use the Site) by terminating your access to the Site.
Arbitration Clause and Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE SITE MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
BY AGREEING TO THIS AGREEMENT, ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND MATTER UNLIMITED ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EITHER SIDE MAY HAVE AGAINST THE OTHER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned. Unless you and Matter Unlimited agree otherwise, any arbitration hearings between you and Matter Unlimited will take place in New York County, New York.
If any portion of this arbitration clause is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this arbitration clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
This arbitration agreement will survive the termination of your relationship with Matter Unlimited.
Governing Law and Forum for Disputes
This Agreement shall be governed and construed in accordance with the laws of the State of New York, without regard to conflict of law provisions. You and Matter Unlimited consent to personal jurisdiction in New York courts. Any dispute with Matter Unlimited, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Matter Unlimited may seek such relief in any court with jurisdiction over the parties.
Miscellaneous
Severability. If any portion of this Agreement is determined to be null and void, the remaining provisions of the Agreement will remain in full force and effect.
Force Majeure. Neither party shall (you or Matter Unlimited) will be held liable for inadequate performance of this Agreement to the extent caused by a condition that was beyond the parties’ reasonable control (including but not limited to a natural disaster, governmental action, riot, or an act of war or terrorism).
Relationship Between the Parties. Nothing in this Agreement should be interpreted to create an agency, partnership, or joint venture relationship between the parties. There are no intended third-party beneficiaries to this Agreement.
Waiver of Rights. Any failure by Matter Unlimited to exercise or enforce any legal right or remedy which is contained in this Agreement shall not be construed as a waiver of Matter Unlimited’s rights, and those rights and remedies shall still be available to Matter Unlimited.
Entire Agreement. This Agreement is our entire agreement and understanding related to the use of the Site and other services provided.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: hello@matterunlimited.com
