Introduction

MATRIXX Software, Inc. welcomes you to its website. All references to “our,” “us,” “we,” “MATRIXX” or the “Company” in these Terms of Use and within the Privacy Policy are deemed to refer to MATRIXX Software, Inc., its subsidiaries, affiliates and associates.

By use of our website, you agree to these Terms of Use. Do not use this website if you do not agree with these Terms of Use. We may change or update these Terms of Use and your use under such revisions or updates constitutes acceptance.

Information on the Website

The information on our website is general information and does not constitute professional or technical advice. We endeavor to ensure that the information on our website is up to date but we do not accept any liability for any error, misstatement or omission. If you wish to rely on any of the content in this website, you should contact us first.

Privacy Policy

Information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy available at http://www.matrixxsw.com/company/privacy-policy.php. Our Privacy Policy does not control the privacy policy of companies with which we may have to share information in order to provide you with services at any time in the future. Also, our Privacy Policy does not control the privacy policy of any linked/third party website and you must contact such website for its privacy policy.

Disclaimer of Warranties

ALL CONTENT AND MATERIALS, INCLUDING FUTURE SERVICES AND PRODUCTS MADE AVAILABLE THROUGH THIS WEBSITE, ARE PROVIDED AS IS. THE COMPANY PROVIDES NO WARRANTIES. THUS, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL CONTENT AND MATERIALS, INCLUDING THE SERVICES AND PRODUCTS THAT MAY BE MADE AVAILABLE THROUGH THIS WEBSITE, ARE ALSO PROVIDED AS AVAILABLE. NOR DOES THE COMPANY WARRANT THAT THE WEBSITE IS FREE OF VIRUSES, DEFECTS, OR ERRORS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK AND IT IS YOUR RESPONSIBILITY TO ENSURE THAT WHATEVER INFORMATION YOU SELECT FOR YOUR USE IS FREE OF ITEMS SUCH AS VIRUSES, TROJAN HORSES OR OTHER ITEMS OF A DESTRUCTIVE NATURE. IF A JURISDICTION DOES NOT PERMIT SUCH AN EXCLUSION OR SUCH A LIMITATION ON WARRANTY, THE COMPANY’S EXCLUSION OR LIMITATION ON WARRANTY WILL BE TO THE EXTENT PERMITTED BY LAW.

Limitation of Liability

THE COMPANY MAY NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES IRRESPECTIVE OF THE BASIS OF LIABILITY. IF A JURISDICTION DOES NOT PERMIT SUCH AN EXCLUSION OR SUCH A LIMITATION ON LIABILITY, THE COMPANY’S EXCLUSION OR LIMITATION ON LIABILITY WILL BE TO THE EXTENT PERMITTED BY LAW.

Intellectual Property & Proprietary Rights

We own all copyright and other intellectual property in this website (including rights in the graphics, arrangement and overall design). All trademarks mentioned on this website belong to their respective owners.

Furthermore, the content included on this website such as text, graphics, buttons, logos, digitals, data, software and materials are protected by copyrights, trademarks, services marks, trade secrets and other proprietary rights and laws. You may not copy, sell, license, or otherwise distribute the content and materials of this website, nor may you create any derivative work from it. We do allow you, however, to print printable forms and to print one copy of the materials or content for your own personal, noncommercial use, subject to this proprietary notice.

In addition, you may download and temporarily store one or more pages for the sole purpose of viewing on a personal computer or monitor. Otherwise, you must not copy, display, modify, reproduce, store in a retrieval system, transmit (in any form or by any means), distribute, use for creating derivative works or use in any way for commercial or public purposes any part of this website without prior written consent. None of the content on this website or any part of it may be reproduced on any other website.

Linked/Third Party Sites

This website may contain links to third party websites or resources over which we have no control. The links are provided for convenience and information purposes only. We do not endorse, nor are we responsible for, the content, accuracy, advertising, goods or services offered or available, or any other aspect of such linked websites. Accordingly, the inclusion of any link does not imply an endorsement by us of that website. If you choose to visit or use such linked websites, we will not be responsible or liable for the contents of any other website or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties.

Electronic Communication

When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Indemnification

If we so request, you will defend, indemnify, and hold harmless the Company, its employees, officers, and agents, from all claims, liabilities, and expenses (including attorney’s fees) arising from or relating to your use of this website. The Company is entitled to control the defense of such claim or action, and you agree to cooperate with the Company in such defense.

Choice of Law; Venue

These Terms of Use are governed by California law, without regard to principles of conflict of laws. You agree that the website will be deemed solely based in California and does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than California. Further, any claim or action arising out of or relating to these Terms of Use or your use of this website may be filed only in the state or federal courts located in the county of San Francisco, California, and you agree to be subject to the personal jurisdiction of such courts.

Termination

The Company may cancel or terminate your right to use our website or any part of the website at any time without notice. In the event of termination, you are no longer authorized to access the part of the website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive.

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. The Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the service to its website.

Assignment

These Terms of Use may not be transferred or assigned by you, but may be assigned by the Company without restriction.

Entire Agreement; Severability

These Terms of Use constitute the entire agreement between you and the Company with respect to this website. If any portion is held invalid or unenforceable, the remaining portions will remain in full force and effect and, if possible, the portion found unenforceable will be construed in a manner consistent with the remaining portions.

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