Thank you for using the MAAT Inc. (“Company" or “we” or “our” or “us”)
your browsing, viewing and other use of the Site. If you are viewing this
on your mobile device, you can also view this Agreement via a web browser
BEFORE USING THE SITE, PLEASE READ THIS AGREEMENT CAREFULLY. By CLICKING
ON “ACCEPT” or otherwise using the site, you acknowledge that you have
read, understood, and agree to be bound by THIS AGREEMENT, INCLUDING THE
PROVISIONS OF SECTION 10 UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS
INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING OR PARTICIPATE IN CLASS
ACTIONS CLAIMS. If you do not agree to ALL OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT, THEN please do not CLICK “ACCEPT” or otherwise use THE
IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF A
COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT HE OR SHE
HAS THE REQUISITE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL
USERS WHO ACCESS OUR SITES THROUGH SUCH ENTITY’S ACCOUNT TO THESE TERMS
AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO
SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. YOU UNDERSTAND
AND AGREE THAT YOUR RELATIONSHIP WITH COMPANY IS LIMITED TO BEING A SITE
USER, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF COMPANY FOR
ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN
BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF COMPANY.
Note for Children.
The Sites are not for persons under the age of 18. If you are under 18
years of age, then please do not use the Sites. By clicking the "I Agree"
button or by otherwise using or registering an account for the Sites, you
represent that you are at least 18 years of age.
Policy”), describes the collection, use and disclosure of data and
information (including usage data) by the Company in connection with the
time in accordance with its terms, is hereby incorporated into this
Agreement, and you hereby agree to the collection, use and disclosure
practices set forth therein.
- Representations and Warranties.
You represent, warrant and covenant that, in connection with this
Agreement or the Site, you will not and will not attempt to: (i) violate
any laws, third party rights or our other policies; (ii) re-join or
attempt to use the Site if the Company has banned or suspended you;
(iii) defraud the Company or another user; or (vi) use another user’s
account or allow another person to use your user account. Any illegal
activities undertaken in connection with the Site may be referred to the
- Ownership; Proprietary Rights.
As between you and the Company, the Company owns all worldwide right,
title and interest, including all intellectual property and other
proprietary rights, in and to the Site, all content available in
connection therewith and all usage and other data generated or collected
in connection with the use thereof (the “Company Materials”). You agree
not to license, distribute, copy, modify, publicly perform or display,
transmit, publish, edit, adapt, create derivative works from, or
otherwise make any unauthorized use of the Company Materials. You agree
not to reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code, algorithm or programs underlying the Company
Materials. The Company reserves the right to modify or discontinue the
Site or any version(s) thereof at any time in its sole discretion, with
or without notice.
- Third Party Sites. /li>
The Site may include advertisements or other links that allow you to
access web sites or other online services that are owned and operated by
third parties. You acknowledge and agree that the Company is not
responsible and shall have no liability for the content of such third
party sites and services, products or services made available through
them, or your use of or interaction with them.
- Third-Party Services.
The Site may include features or functionality that interoperate with
online services operated by third parties (such services, “Third-Party
Services”), pursuant to agreements between Company and the operators of
such Third-Party Services (such agreements, “Third-Party Agreements” and
such operators, “Operators”) or through application programming
interfaces or other means of interoperability made generally available
by the Operators (“Third-Party APIs”) which Company does not control.
Third-Party Agreements and Third-Party APIs (and the policies, terms and
rules applicable to Third-Party APIs) may be modified, suspended or
terminated at any time. Company shall have no liability with
respect to any such modification, suspension or termination. You are
responsible for ensuring that your use of the Site in connection with
any Third-Party Service complies with all agreements, policies, terms
and rules applicable to such Third-Party Service.
- Prohibited Uses.
As a condition of your use of the Site, you will not use the Site for
any purpose that is unlawful or prohibited by this Agreement. You may
not use the Site in any manner that in our sole discretion could damage,
disable, overburden, impair or interfere with any other party’s use of
it. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the Site. You
agree not to scrape or otherwise use automated means to access or gather
information from the Site, and agree not to bypass any robot exclusion
measures we may put into place. In addition, you agree not to use false
or misleading information in connection with your user account, and
acknowledge that we reserve the right to disable any user account with
a profile which we believe (in our sole discretion) is false or
misleading (including a profile that impersonates a third party).
- Additional Terms.
When you use certain features or materials on the Site, or participate
in a particular promotion, event or contest through the Site, such use
or participation may be subject to additional terms and conditions
posted on the Site. Such additional terms and conditions are hereby
incorporated within this Agreement, and you agree to comply with such
additional terms and conditions with respect to such use or
You agree that the Company, in its sole discretion and for any or no
reason, may terminate this Agreement or your use of the Site, at any
time and without notice. The Company may also in its sole discretion and
at any time discontinue providing the Site, or any part thereof, with or
without notice. You agree that the Company shall not be liable to you or
any third-party for any such termination. Sections 1 through 2 and 6
through 13 will survive any termination of this Agreement.
- Disclaimers; No Warranties.
THE SITE AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN
CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS,
SITE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS. THE COMPANY AND ITS LICENSORS, SITE PROVIDERS AND PARTNERS DO
NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY
THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold the Company and its affiliated
companies, and each of their officers, directors and employees, harmless
from any claims, losses, damages, liabilities, costs and expenses,
including reasonable attorney’s fees, (any of the foregoing, a “Claim”)
arising out of or relating to your use or misuse of the Site, breach of
this Agreement or infringement, misappropriation or violation of the
intellectual property or other rights of any other person or entity,
provided that the foregoing does not obligate you to the extent the
Claim arises out of the Company’s willful misconduct or gross
negligence. The Company reserves the right, at our own expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us and you agree to cooperate with our defense of
- Limitation of Liability and Damages.
10.UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS,
DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SITE PROVIDERS,
BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE SITE, INCLUDING
YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF
THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN
WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR
ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR
THIRD PARTY PARTNERS, LICENSORS OR SITE PROVIDERS TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR YOUR USE OF THE SITE EXCEED FIVE U.S. DOLLARS.
- 11.1 Agreement to Arbitrate.
This Section 11 is referred to herein as the “Arbitration Agreement.”
The parties that any and all controversies, claims, or disputes
between you and Company arising out of, relating to, or resulting from
this Agreement, shall be subject to binding arbitration pursuant to
the terms and conditions of this Arbitration Agreement, and not any
court action (other than a small claims court action to the extent the
claim qualifies and other than claims for injunctive or other
equitable relief). The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement.
- 11.2 Class Action Waiver.
THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER
ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS
BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR
JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS
PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,
INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
- 11.3 Procedures.
11.3 Arbitration will be conducted by a neutral arbitrator in
accordance with the American Arbitration Association's ("AAA") rules
and procedures (the "AAA Rules"), as modified by this Arbitration
Agreement. If there is any inconsistency between the AAA Rules and
this Arbitration Agreement, the terms of this Arbitration Agreement
will control unless the arbitrator determines that the application of
the inconsistent Arbitration Agreement terms would not result in a
fundamentally fair arbitration. The arbitrator must also follow the
provisions of this Agreement as a court would, including without
limitation, the limitation of liability provisions in Section 10. You
may visit http://www.adr.org for information on the AAA and
http://www.adr.org/fileacase for information on how to file a claim
against the Company.
- 11.4 Venue.
The arbitration shall be held in the county in which you reside or at
another mutually agreed location. If the value of the relief sought is
$10,000 or less, you or Company may elect to have the arbitration
conducted by telephone or based solely on written submissions, which
election shall be binding on each party, but subject to the
arbitrator's discretion to require an in-person hearing if the
circumstances warrant. Attendance at any in-person hearing may be made
by telephone by either or both parties unless the arbitrator requires
- 11.5 Governing Law.
The arbitrator will decide the substance of all claims in accordance
with the laws of the State of California, without regard to its
conflicts of laws rules, and will honor all claims of privilege
recognized by law. The arbitrator shall not be bound by rulings in
prior arbitrations involving different Site users, but is bound by
rulings in prior arbitrations involving you to the extent required by
- 11.6 Costs of Arbitration.
Payment of all filing, administration, and arbitrator fees
(collectively, the "Arbitration Fees") will be governed
by the AAA's Rules. Each party will be responsible for all other fees
it incurs in connection with the arbitration, including without
limitation, all attorney fees.
- 11.7 Confidentiality.
All aspects of the arbitration proceeding, and any ruling, decision or
award by the arbitrator, will be strictly confidential for the benefit
of all parties.
- 11.8 Severability.
If a court decides that any term or provision of this Arbitration
Agreement other than Section 11.2 is invalid or unenforceable, the
parties agree to replace such term or provision with a term or
provision that is valid and enforceable and that comes closest to
expressing the intention of the invalid or unenforceable term or
provision, and this Arbitration Agreement shall be enforceable as so
modified. If a court decides that any of the provisions of Section
11.2 is invalid or unenforceable, then the entirety of this
Arbitration Agreement shall be null and void. The remainder of this
Agreement will continue to apply.
The Company may make modifications, deletions and/or additions to this
Agreement (“Changes”) at any time. Changes will be effective: (i) thirty
(30) days after the Company provides notice of the Changes, whether such
notice is provided through the Site user interface, is sent to the
e-mail address associated with your account or otherwise; or (ii) when
you opt-in or otherwise expressly agree to the Changes or a version of
this Agreement incorporating the Changes, whichever comes first. Under
this Agreement, you consent to receive communications from the Company
electronically. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, without giving
effect to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to this Agreement or the
Site that is not subject to arbitration under Section 11 shall be filed
only in the state or federal courts in the State of California (or a
small claims court of competent jurisdiction) and you hereby consent and
submit to the personal jurisdiction of such courts for the purposes of
litigating any such action. Notwithstanding the foregoing, either party
may petition any court of competent jurisdiction for injunctive or other
equitable relief. The failure of any party at any time to require
performance of any provision of this Agreement shall in no manner affect
such party’s right at a later time to enforce the same. A waiver of any
breach of any provision of this Agreement shall not be construed as a
continuing waiver of other breaches of the same or other provisions of
this Agreement. If any provision of this Agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions. This Agreement, and any
rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by the Company without restriction.
This is the entire agreement between us relating to the subject matter
herein and shall not be modified except in a writing, signed by both
parties, or by a change to this Agreement made by the Company as set
More Information; Complaints.
The services hereunder are offered by MAAT Inc., email:
firstname.lastname@example.org, address: 101 Cooper St, Santa Cruz CA 95060. If
you are a California resident, we are required to inform you that you
may reach the Complaint Assistance Unit of the Division of Consumer
Sites of the California Department of Consumer Affairs via mail at 1625
North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at
(916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the
Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.