Last updated: August 23, 2024
TABLE OF CONTENTS
- Agreement to Terms
- Intellectual Property Rights
- User Representations
- User Registration
- Products
- Purchases and Payment
- Return Policy
- Prohibited Activities
- User-Generated Contributions
- Contribution License
- Guidelines for Reviews
- Submissions
- Site Management
- Privacy Policy
- Term and Termination
- Modifications and Interruptions
- Governing Law
- Dispute Resolution
- Corrections
- Disclaimer
- Limitations of Liability
- Indemnification
- User Data
- Electronic Communications, Transactions, and Signatures
- California Users and Residents
- Miscellaneous
- Contact Us
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and MATCLUB LLC (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://matclub.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Iowa, United States, and have our registered office at 645 Osage Avenue, Chariton, IA 50049. By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site to understand which Terms apply. You will be subject to, and deemed to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the revised Terms are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent they apply.
The Site is not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years old. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use before you can use the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and promptly update it as necessary;
- You have the legal capacity to comply with these Terms of Use;
- You are not under the age of 13;
- You are not a minor in the jurisdiction where you reside, or if a minor, you have received parental permission to use the Site;
- You will not access the Site through automated or non-human means (e.g., bots, scripts);
- You will not use the Site for any illegal or unauthorized purpose; and
- Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display the colors, features, specifications, and details of the products available on the Site as accurately as possible. However, we do not guarantee that these aspects of the products will be accurate, complete, reliable, current, or free from other errors, and your electronic display may not accurately reflect the actual colors and details. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time, for any reason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept Visa, Mastercard, American Express, Discover, and PayPal. You agree to provide current and accurate account information for all purchases and promptly update it as needed. Sales tax will be added as required, and all transactions will be in U.S. dollars. We may correct errors in pricing even after payment. We reserve the right to refuse, limit, or cancel any orders, especially if they appear to be placed by dealers, resellers, or distributors.
7. RETURN POLICY
Please review the Return Policy posted on the Site before making any purchases.
8. PROHIBITED ACTIVITIES
You are prohibited from engaging in any activities that harm the Site, us, or other users. This includes, but is not limited to:
- Collecting data from the Site for unauthorized purposes.
- Misleading others or attempting to steal account information.
- Disabling security features or exploiting the Site for commercial gain.
- Uploading harmful content, viruses, or automated scripts.
- Harassing, impersonating, or threatening others, including our employees.
- Engaging in unauthorized use of the Site or circumventing access restrictions.
9. USER GENERATED CONTRIBUTIONS
The Site may allow users to submit content such as text, video, or other media (“Contributions”). By submitting Contributions, you warrant that:
- You own the content or have the rights to use it.
- It does not violate any third-party rights.
- It complies with all applicable laws.
- It is not harmful, obscene, or defamatory.
We reserve the right to remove any content that violates these rules, and submitting unauthorized content may result in the suspension or termination of your rights to use the Site.
10. CONTRIBUTION LICENSE
By submitting feedback or Contributions, you grant us the right to use, store, and process that content without compensation. However, you retain ownership of your Contributions, and we do not assert any ownership over them. You are responsible for your Contributions and agree not to take legal action against us for how they are used.
11. GUIDELINES FOR REVIEW
Users are encouraged to post honest and relevant reviews based on their personal experiences. The platform may remove inappropriate or offensive reviews but is not obliged to screen them. Posting a review grants the platform rights to use that content across various mediums.
12. SUBMISSIONS
Any feedback or suggestions provided to the platform become its sole property. Users waive any claim to compensation or recognition for their input, which the platform can use freely for any purpose.
13. SITE MANAGEMENT
The platform reserves the right to monitor user activity, restrict access, and take action against any violations of the terms. The platform can also remove content that is excessively large or burdensome to its systems.
14. PRIVACY POLICY
Users must review the platform’s privacy policy, which governs how their personal information is collected and processed. By using the site, users agree to the data being processed in the United States, even if they access the platform from other regions.
15. TERM AND TERMINATION
The platform can terminate a user’s access to the site without warning for any reason, including breach of the terms. If an account is terminated, users are prohibited from creating a new one. Legal actions may be pursued if needed.
16. MODIFICATIONS AND INTERRUPTIONS
The platform can modify, remove, or suspend parts of the site without notice. Users agree that the platform is not liable for any damages or losses from these changes or interruptions.
17. GOVERNING LAW
The terms are governed by Iowa state law, with disputes handled under that jurisdiction.
18. DISPUTE RESOLUTION
Before resorting to arbitration, parties should first attempt to resolve disputes through informal negotiations. If that fails, disputes will be resolved by binding arbitration under the rules of the American Arbitration Association. Some disputes, like those involving intellectual property or piracy, are exempt from arbitration.
19. CORRECTIONS
The platform may update information or correct errors related to product offerings, pricing, and availability at any time.
20. DISCLAIMER
The platform disclaims liability for various issues, including errors in content, personal injury or property damage resulting from site use, security breaches, and unauthorized access to data. They do not guarantee third-party services or products advertised on the site. Users are urged to exercise caution in transactions.
21. LIMITATIONS OF LIABILITY
The platform and its representatives will not be held liable for any direct or indirect damages (e.g., lost profit, lost data) arising from users’ site activities, even if warned of potential damages. The platform’s liability to users is limited to the amount users have paid to use the service. Some jurisdictions may offer additional protections, so certain disclaimers might not apply in specific cases.
22. INDEMNIFICATION
Users agree to indemnify the platform and its affiliates from any claims or damages arising from their use of the site, breaches of terms, or violations of third-party rights. If the platform chooses to handle a claim that users are responsible for, users are required to assist in the defense process.
23. USER DATA
While the platform performs routine backups, users are solely responsible for managing and safeguarding their data on the site. The platform is not liable for any data loss or corruption, and users waive the right to legal action over such occurrences.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the site and sending communications electronically (e.g., email), users consent to receiving electronic communications and agree that these fulfill any legal requirement for written communication. Users also agree to conduct transactions and sign agreements electronically, waiving rights to non-electronic records unless required by law.
25. CALIFORNIA USERS AND RESIDENTS
If users in California have unresolved complaints with the platform, they can contact the California Department of Consumer Affairs for assistance via the provided contact details.
26. MISCELLANEOUS
This section outlines that these Terms of Use, along with any posted policies or rules, form the entire agreement between the user and the platform. It clarifies several points:
- Failure by the platform to enforce any of the terms doesn’t equate to waiving those rights.
- The platform operates to the maximum extent allowed by law and can assign its rights and obligations to others without notice.
- The platform is not liable for delays or failures to act due to events beyond its control.
- If any part of the Terms is deemed unlawful or unenforceable, it can be removed without affecting the validity of the rest of the Terms.
- No employment, agency, partnership, or joint venture is formed between the user and the platform by using the site.
- Users cannot challenge the Terms based on the fact that they were presented electronically or without signatures.
27. CONTACT US
If users need to resolve a complaint or require more information, they can contact MATCLUB LLC through the provided address, phone number, or email.
MATCLUB LLC
645 Osage Avenue
Chariton, IA 50049 USA
Phone: 1 877 MATCLUB
Email: legal@matclub.com