TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY BY ACCESSING OR USING OUR SITES AND SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 08/06/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) are a legally binding agreement that shall govern the relationship with our users and those who may interact or interface with Matterhorn and its subsidiaries and affiliates. Such use and interaction shall include but is not limited to the use of Matterhorn Marketing’s website, http://www.matterhorn-marketing.com (the “Site”) and the Services provided herein, which shall be defined below.
DESCRIPTION OF SERVICES
The Site is an e-commerce website which has the following description:
Matterhorn Marketing is a free website that provides over 50 resources for home renters.
For the purpose of these TOS, any and all visitors to our website shall be deemed as “Users” of the Services provided herein. The User acknowledges and agrees that the Services made available through the Site and applications, which may include some mobile applications that may be made available on various social media networking sites and other platforms and downloadable programs, are the sole property of Matterhorn Marketing.
At its discretion, Matterhorn Marketing may offer additional Services and/or products and may update and/or modify any content, Services and/or products currently offered or displayed on the Site. This Agreement shall apply to any and all such updates, modifications and additional Services, and/or products unless otherwise stipulated. Matterhorn Marketing hereby reserve the right to cease offering any Services and/or products. You, as the end User, hereby acknowledge, and agree that Matterhorn Marketing shall not be liable for any damages as a result of such updates, modifications, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, and/or modifications shall constitute your acceptance of such updates and/or modifications, and as such, frequent review of this Agreement and any all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, and/or modified, terms, you must stop using the Services immediately.
Furthermore, the User understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Matterhorn Marketing shall not assume any responsibility or obligation for the timelines, missed delivery, deletion, and/or any failure to store user content, communication or personalized settings.
Upon registration, you hereby acknowledge that by using http://www.matterhorn-marketing.com to send electronic communications, which includes, but is not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
FEEDBACK TO COMPANY WEBSITE
Matterhorn Marketing may provide an area for our Users to comments or provide feedback to the Site. When you submit any such feedback to our site, you acknowledge and agree that:
the feedback does not contain any type of confidential or proprietary information;
Matterhorn Marketing shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any such comments or feedback.
Matterhorn Marketing shall be entitled to make use of and/or disclose any such comments or feedback in any such manner as it sees fit;
any such comments or feedback shall automatically become the sole property of Matterhorn Marketing; and
e) Matterhorn Marketing is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All Users agree to indemnify and hold Matterhorn Marketing, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, harmless from and against any and all claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or the Services offered by Matterhorn Marketing; (b) your breach of the Agreement; and/or (c) any dispute between you and any third party or other entity.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell and/or exploit for any commercial reason any part, use of, or access to Matterhorn Marketing’s sites.
Matterhorn Marketing shall reserve the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporarily or permanently, our Service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or any third party for any such alternation, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through the Matterhorn Marketing Site or Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Matterhorn Marketing shall not be held responsible or liable for any loss or damage or any nature or manner incurred as a direct or indirect result of any such dealings or as a result of the presence of such advertisers on our website.
THIRD PARTY WEBSITES
The Site may provide and/or refer you to links to other Internet websites. Because Matterhorn Marketing has no control over such third-party websites and/or resources, you hereby acknowledge and agree that Matterhorn Marketing is not responsible for the availability of such third-party websites and/or resources. Furthermore, Matterhorn Marketing does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third-party websites or resources, or for any damages and/or losses arising therefrom.
You do hereby acknowledge and agree that Matterhorn Marketing’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or authorized by Matterhorn Marketing or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Matterhorn Marketing Services (e.g. Content or Software), in whole or part.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Matterhorn Marketing for use in accessing such Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF MATTERHORN MARKETING SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. MATTERHORN MARKETING AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MATTERHORN MARKETING AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) MATTERHORN MARKETING SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE HOPE PROGRAM SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF MATTERHORN MARKETING SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MATTERHORN MARKETING SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVISE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MATTERHORN MARKETING OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OR ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MATTERHORN MARKETING AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOUR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR AND RESULT FROM:
THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Matterhorn Marketing may furnish you with notices, including those with regards to any changes to the TOS, including, but not limited to, email, postage mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of Matterhorn Marketing trademarks, copyright, trade name, service marks and other Matterhorn Marketing logos and any brand features, and/or product and service names are trademarks and as such are, and shall remain, the property of Matterhorn Marketing. You herein agree not to display and/or use in any manner the Matterhorn Marketing logo or marks.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
You acknowledge that the copyright and other intellectual property laws of the United States, international treaties and conventions, and other laws protect the Site and the Software, and you agree to abide by relevant intellectual property laws regarding ownership and use of intellectual property as they relate to the Site and the Services provided herein.
This TOS constitutes the entire agreement between you and Matterhorn Marketing and shall supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site and Services offered by Matterhorn Marketing.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Matterhorn Marketing with regards to the TOS that the relationship between the parties shall be governed by the laws of the state of Michigan without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Matterhorn Marketing, shall be filed within the courts having jurisdiction within the County of Kent, Michigan, or the U.S. District Court located in said state. You and Matterhorn Marketing agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Matterhorn Marketing fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of the Site and/or Services offered by Matterhorn Marketing or the TOS must be filed within 2 years after said claim or cause of action arose or shall be forever barred.
Mailing Address: 3181 Prairie St. SW, Grandville, MI 49418