MATA INVENTIVE, LLC
TERMS OF SERVICE AND CONDITIONS OF USE
Late Updated: February 1, 2024
This website is owned and operated by MATA INVENTIVE, LLC, a California limited liability company with its principal address as 18136 Oxnard Street, Unit 41, Tarzana, California 91356 (hereinafter, “MATA”). MATA provides website features and other products and services to you when you visit this website, use MATA products and services, use MATA’s applications, or use software or hardware provided by MATA in connection with any of the foregoing (hereinafter, collectively, “MATA Services”). MATA provides the MATA Services subject to the following conditions.
By accessing this website, you hereby agree to be bound by this website’s Terms of Service and Conditions of Use (hereinafter, the “Terms”). Please read them carefully. Additionally, by using this website and MATA Services you furthermore agree that you are responsible for compliance with any applicable local laws. If you do not agree to be bound by these Terms, you are prohibited from using or accessing this website or accessing the MATA Services. The material and content contained in this website are protected by applicable copyright and trademark law.
When you use any MATA Services, or send e-mails to us, you are communicating with us electronically. In doing so, you hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other MATA Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any MATA Service, such as text, graphic, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of MATA or its content suppliers or subcontractors and protected by United States and international copyright laws. The compilation of all content included in or made available through any MATA Service is the exclusive property of MATA and protected by U.S. and international copyright laws.
Use License and Access
Subject to your compliance with these Terms and your payment of any applicable fees, MATA or its content providers grant you a limited, non-exclusive, non-transferrable, non-sublicensable license to access and make personal and non-commercial use of the MATA Services. This license does not include any resale or commercial use of any MATA Service, or its contents; any collection and use of any product listing or descriptions, where applicable; any derivative use of any MATA Service or its contents; or any use of data mining, robots, or similar data gathering or extraction tools.
All rights not expressly granted to you in these Terms are reserved and retained by MATA or its licensors, suppliers, publishers, rightsholders, or other content providers. No MATA Service, nor any part of any MATA Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MATA. You may not frame or utilize framing techniques to enclose any logo or proprietary information (including images, text, page layout, or form) of MATA without express written consent. You may not use any meta tags or any other “hidden text” utilizing MATA’s name or copyrighted material without the express written consent of MATA. You may not misuse the MATA Services. You may use the MATA Services only as permitted by law. The licenses granted by MATA terminate if you do not comply with these Terms.
If you use any MATA Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
MATA Hardware Policy
As a customer of MATA, you may purchase or otherwise be provided hardware (hereinafter “MATA Hardware”) as part of your subscription to MATA’s software as a service (“SaaS”) service. Please review the following policy carefully.
Hardware Deposit: Prior to the delivery of MATA Hardware, you are required to either: (i) a refundable cash deposit of an amount specified by MATA; or (ii) authorization granted to MATA to hold a pre-authorization on a valid credit card for an equivalent amount.
Subscription Cancellation and Return of MATA Hardware: If you cancel your SaaS subscription, you remain obligated to return the MATA Hardware to MATA in the same condition as received, normal wear and tear excepted within thirty (30) calendar days following the cancellation of the subscription. Upon return, the MATA Hardware will be inspected by MATA. If the MATA Hardware is damaged beyond normal wear and tear, MATA reserves the right to charge you for the cost of repair or replacement.
Non-Return Fee: If the MATA Hardware is not returned within the specified thirty (30)-day period, MATA is authorized to: (i) retain the full amount of the cash deposit; or (ii) charge the full amount held as pre-authorization on the customer’s credit card. The non-return fee will be equivalent to the current market value of the MATA Hardware, or the cost specified at the time of the subscription initiation, whichever is greater.
Dispute Resolution: See below.
Policy Changes: MATA reserves the right to modify this Hardware Policy at any time. Changes will be communicated to all active customers in a timely manner.
Acknowledgment: By accepting the MATA Hardware, you acknowledge and agree to all terms and conditions outlined in this Hardware Policy.
The MATA Services and all information, content, materials, products (including software and hardware) and other services included on or otherwise made available to you through the MATA Services are provided by MATA on an “As is” and “as available” basis, unless otherwise specified in writing. MATA makes no representations or warranties of any kind, express or implied, as to the operation of the MATA Services, or the information, content, materials, products (including software and hardware) or other services included on or otherwise made available to you through the MATA Services, unless otherwise specified in writing. You expressly agree that your use of the MATA Services is at your sole risk.
To the fullest extent permissible by applicable law, MATA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MATA does not warrant that the MATA Services, information, content, materials, products (including software and hardware) or other services included on or otherwise made available to you through the MATA Services, MATA’s servers or electronic communications sent from MATA are free of viruses or other harmful components. MATA will not be liable for any damages of any kind arising from the use of any MATA Service, or from any information, content, materials, products (including software and hardware) or other services included on or otherwise made available to you through any MATA Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Revisions and Errata
The materials appearing on this site may include technical, typographical, or photographic errors. MATA does not warrant that any of the materials on its web site are accurate, complete, or current. MATA may make changes to the materials contained on its web site at any time without notice. MATA does not, however, make any commitment to update the materials.
MATA has not reviewed all of the sites linked this site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MATA of the site. Use of any such linked web site is at your own risk.
Any dispute or claim relating in any way to your use of any Mata Service, or to any products or services sold or distributed by MATA or through this site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Yenchi Chang, 18136 Oxnard Street, Unit 41, Tarzana, California 91356. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, MATA will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any MATA Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and MATA.