MATTEEN INC.
TERMS OF USE
Last updated on September 18th, 2023.
These Terms are a binding contract between you and Matteen Advisory & Solutions (“MATT”). Your access and use of the MATT website at https://www.Matteen.com (the “Website”), constitute your acceptance of these Terms and Conditions (“Terms”) in their entirety. If you do not agree with any of these Terms, or the documents they refer to, you may not access or view the Website.
You represent and warrant that you are an individual of legal age to form a binding contract.
If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
If you do not agree with any of these Terms, or the documents they refer to, you may not access or view the Website in any manner whatsoever.
USE OF THE MATTEEN ADVISORY WEBSITE
Your usage of the Website is at your own risk, and MATT will not be liable for any damage you suffer as a result of such use. You represent and warrant that you have the legal right to send, upload or otherwise communicate any data or information you communicate to MATT at any time.
PERSONAL DATA AND PRIVACY
MATT is committed to protecting and respecting your privacy, and will only use any personal information submitted in conformity with all applicable laws and regulations, and in accordance with the [insert link to Privacy Policy] (the “Privacy Policy”). By using the Website, you agree that MATT can use your personal data in accordance with the Privacy Policy.
FEES AND PAYMENTS
Purchases made on the Website shall be governed by the Consulting Services Terms and Conditions which can be found on the Website at https://www.Matteen.com/consulting-services-terms-and-conditions/ and by the Statement of Work (“SOW”) as chosen and ordered by you on MATT’s website and/or further agreed upon between the Parties. In the event of any ambiguity or inconsistency between the information contained on the Website, in the SOW, in these Terms, or in the Consulting Services Terms and Conditions, the Consulting Services Terms and Conditions shall prevail.
When you submit your order, you agree to pay all amounts due in accordance with the payment terms in effect, including any applicable service, transaction, or processing fees, and applicable taxes. All fees are immediately due and payable when you make your order. All payments of fees are non-refundable unless otherwise indicated or agreed by the parties in writing. You may pay by using a valid payment card through the applicable third-party payment provider. You must provide the third-party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that MATT does not operate, own, or control the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment card.
MATT reserves the right (but is under no obligation) to cancel your order or request if: (i) your payment method is declined; or (ii) you have previously been banned or removed from the Website for any reason. MATT also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on the Website or by other notice to you.
If you have a question about a purchase made via the Website or a charge to your payment card, please contact us at https://www.Matteen.com/contact-us/. MATT has the sole discretion to determine how billing disputes between us will be resolved.
NO WARRANTIES
This Website is provided “AS IS”, without any representations or warranties, express or implied.
Without prejudice to the generality of the foregoing paragraph, MATT does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall MATT, its officers, directors, managers, employees, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members or any other affiliated companies, entities or persons, (each an “MATT Party”) be liable to you (whether under the law of contact, the law of torts, negligence or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
• For any direct loss;
• For any indirect, special or consequential loss;
• For any punitive, incidental, exemplary or similar damages;
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
• For any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our Website or the information contained therein;
• For any errors, mistakes, omissions or inaccuracies;
• For any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website or any information, materials, goods and services provided by our affiliates, licensors, clients or other third parties;
• For any unauthorized access to or use of servers MATT uses and/or any and all personal information stored therein;
• For any interruption or cessation of transmission to or from the servers MATT uses;
• For bugs, viruses, Trojan horses, spyware or the like that may be transmitted to or through the servers MATT uses by any third party; and/or
• For loss or damage incurred as a result of the use of our Website, content or any information, materials, goods and services provided by our affiliates, licensors, clients or other third parties.
In no event shall any MATT Party be liable to you for any claims in an amount exceeding the amount MATT received from you hereunder during the 12 months preceding the claim giving rise to such liability or USD$100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if MATT have been expressly advised of the possibility of such damage or loss. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary based on the applicable jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
INTELECTUAL PROPERTY AND CONFIDENTIALITY RIGHTS
This Website may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Website shall be the exclusive ownership of MATT.
You may use the content of this Website only for the purpose of using the Website as provided and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without MATT’s prior written permission. All rights not expressly granted herein are hereby reserved by MATT.
Any unauthorized use of the materials appearing on this site may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.
OTHER PARTIES
You accept that MATT has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against any MATT Party in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect all MATT Parties.
MATT shall not be responsible, directly or indirectly, for any third-party ads, links, information or content hosted on the Website. MATT has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MATT. Use of any such linked website is at your own risk. Before you act on information you have found on or through the Website externally confirm any facts that are important to your decision.
You hereby release each MATT Party from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or our Website. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless all MATT Parties from and against any and all claims, actions, suits, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (collectively “Claims”) arising out of or relating to: your use of and access to our Website; your violation of any term of these Terms, including without limitation your breach of any representations and warranties herein; your violation of any third-party right, including without limitation any right of privacy or Intellectual Property; your violation of any applicable law, rule or regulation. MATT may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
WAIVERS
Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
SEVERABILITY
If any provision of these Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms.
CHANGES TO THE TERMS AND CONDITIONS
MATT reserves the right to change these Terms. In case of change, MATT will use its best effort to bring it to your attention by placing a notice on this Website, and/or by other means, but you are responsible for knowing what the current Terms and Conditions are.
You will no longer be able to use the Website if you do not agree with the new Terms and Conditions. Your continued use of the Website in any way after a change to the Terms and Conditions is effective means you agree to the change.
ASSIGNMENT
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you. MATT may assign our rights under these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
GOVERNING LAW
MATT agrees to resolve any disputes between you and MATT through binding and final arbitration instead of through court proceedings. You and MATT each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and MATT relating to these Terms or our Website. In addition, you agree to waive the right to participate in a class action or litigate on a class-wide basis. You agree that you have expressly and knowingly waived these rights.
These Terms shall be governed and construed in accordance with the laws of the state of Florida and the laws of the United States of America applicable therein, excluding its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any controversy between the parties arising out of, in connection with or related to these Terms shall be submitted to final, binding and conclusive arbitration. The arbitration shall be administered by JAMS, pursuant to the JAMS Arbitration Rules and Procedures then in effect. Any arbitration shall be held in Miami, Florida. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to recover costs and attorney’s fees from the non-prevailing party.
CONTACT US
You may contact us at https://www.Matteen.com/contact-us/
MATTEEN INC.
2875 NE 191st Street, Suite 406
Aventura, FL 33180