By using the matterbooks.com, or matterbooks.net web sites, their subdomains, or any web site aliasing them (“Service”), all services of MatterBooks Corporation (“MatterBooks” or “we”), you are agreeing to be bound by the following terms and conditions (“Terms of Service” or “Agreement”).
MatterBooks reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
You can review the most current version of the Terms of Service at any time at: https://matterbooks.com/terms-of-service
- You must be 13 years or older to use this Service.
- You must be a human. With the exception of published API interfaces, accounts may not be registered, updated, scanned, or otherwise accessed by “bots” or other automated methods.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like (additional fees may apply).
- You are responsible for maintaining the security of your account and password. MatterBooks cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content (“Content”) posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). For the purposes of this Agreement, Content shall include, but not be limited to, any creative works, including but not limited to photographic works, text, images, data, information, and/or musical works or musical recordings.
- You must not misrepresent yourself or take on the identity of someone else while using this service.
- One person or legal entity may not maintain more than one Trial per year.
- You may not use the Service for any illegal or unauthorized purpose.
- The Service may be available using a mobile device. Do not use the Service in a way that distracts you and prevents you from obeying traffic or safety laws.
- MatterBooks strives to support the last two major versions of the Chrome, Safari, and Edge browsers. MatterBooks reserves the right to block unsupported browsers from the Service as needed as part of our effort to develop an innovative, modern, and robust Service.
Violation of any of these agreements will result in the termination of your Account. While MatterBooks prohibits such conduct and Content on the Service, you understand and agree that MatterBooks cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Code of Conduct
While using the Service, you agree to comply with all applicable laws, rules and regulations.
You also agree to comply with certain additional rules (the “Code of Conduct”) that govern your use of the Service and participation at events or in online forums administered or organized by MatterBooks (“Events”, for example, instructional workshops, live webinars, and posts in the MatterBooks User Group on Facebook. The Code of Conduct is not meant to be exhaustive, and MatterBooks reserves the right to modify this Code of Conduct at any time, as well as take appropriate disciplinary measures including but not limited to expulsion from Events, permanent or temporary removal from the MatterBooks User Group, or account termination and deletion, to protect the integrity and spirit of the Service, Events, or MatterBooks User Group, regardless of whether a specific behavior is listed here as prohibited.
The following are examples of behavior that warrant disciplinary measures:
- Negative, sarcastic, or combative comments toward others;
- Harassing, stalking, or threatening others;
- Posts or comments which are aggressive, passive-aggressive, or disparaging of other users or MatterBooks;
- Transmitting or communicating any message or content which may be deemed offensive or potentially unlawful, including but not limited to, language that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
- Impersonating any person, business, or entity, including an employee of MatterBooks, or communicating in any way that makes it appear that the communication originates from MatterBooks;
- Posting private or identifying information about any other user or account, whether to the Service or elsewhere;
- Transmitting or facilitating the transmission of any Content to, from, through, or by means of the Services that contains a virus, corrupted data, worm, or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
- Spamming, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
- Participating in any action which, in the sole and exclusive judgment of MatterBooks, “exploits”, as the term is traditionally used and/or understood with respect to web sites, software, and/or software-as-a-service, any undocumented aspect of the Service;
- Participating in any action which, in the sole and exclusive judgment of MatterBooks, defrauds any other user of the Service, including, but not limited to, by “scamming” or “social engineering”, as the terms are traditionally used or understood with respect to online commercial activities;
- Using unauthorized programs or automated processes to interact with the Service;
- Accessing or attempting to access areas of the Service that have not been made available to the public;
You agree that enforcement of this policy, classification of behavior, and issuance of disciplinary measures, with or without warning, are at the sole and exclusive discretion of MatterBooks.
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying accounts. Free or guest accounts are not required to provide a credit card number.
Fees for the Service are billed in advance on a monthly basis. Payments are refundable for 30-days from the date of the transaction by messaging support in writing. No refunds will be given after this date and any payment voided by chargeback or dispute may result in third-party collections, for which you agree to be liable.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Any increased plan price upon upgrading will be prorated based on the time remaining in your current billing cycle and immediately charged upon upgrading.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. MatterBooks does not accept any liability for such loss.
You may provide a credit card to automatically pay your bill every month. Alternatively, you may make discounted pre-payment. As with all payments, pre-payments are only refundable for 30 days. You understand and agree that in order to receive a discount on pre-payments they may not be refunded after 30 days even if the paid-through date extends beyond 30 days.
All payments are final and are non-refundable after 30 days from the transaction date.
Cancellation and Termination
We may suspend or stop providing our Service to you if you do not comply with this Agreement or our policies or if we are investigating suspected misconduct. MatterBooks, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MatterBooks service, for any reason at any time.
You are solely responsible for properly cancelling your account. An email, chat request, helpdesk ticket, or phone request to cancel your account is not considered cancellation. Sign into your account and follow this link to submit your cancellation.
Upon submission of cancellation, your account will be suspended immediately without regard to the original term of your license and you will not be charged again.
A Trial is a time-limited account with no billing information on file. Trials may have certain functional limitations, such as restricted email sending capabilities. A new account is in Trial for 30 days after registering for the service. A Trial will be limited to account activation and certain settings pages upon its expiration. A Trial will be considered abandoned two weeks after the Trial expiration and the account will be terminated.
Termination or cancellation of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. MatterBooks reserves the right to refuse service to anyone for any reason at any time.
If a payment fails with a “soft failure” code, for example if there are insufficient funds or credit remaining, MatterBooks will retry the payment for 3 days. If every retry fails, the recurring billing will be stopped and your account suspended and restricted to certain pages in Settings. Employees marked as a Billing Contact will receive email notices on the 1st, 14th, and 25th day of your account being past due. If your account remains suspended for 90 days after the payment due date it will be considered abandoned and your account closed and scheduled for deletion.
If a payment fails with a “hard failure” code (for example: if a card is lost or stolen), your account will be converted to a Trial expiring after two weeks. If you need additional time, please contact us.
Modifications to the Service and Prices
MatterBooks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MatterBooks Blog (http://blog.matterbooks.com/) or the Service itself.
MatterBooks shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
All Content posted on the Service must comply with U.S. copyright law and you must have proper authority or rights to post each item of Content on the Service.
We claim no intellectual property rights over the material you provide to the Service. Your account data and materials uploaded remain yours. However, if you or anyone else with an account under your account make any Content public, you agree to allow others to view and share your Content. You also understand and agree that MatterBooks is not required to provide any specific export or archive of your data stored in the Service and that the various user-initiated export tools available in the Service (such as contact list or general ledger exports) are provided “as is” and “as available”.
MatterBooks does not pre-screen Content, but MatterBooks and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is proprietary, protected intellectual property of MatterBooks. All of the code comprising the Service is copyrighted by MatterBooks. MatterBooks reserves all rights to the intellectual property, including but not limited to the code and the look and feel of the Service. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from MatterBooks.
MatterBooks happily accepts testimonials for the Service from its authorized users. A testimonial (“Testimonial”) is an optional, non-compensated review or recommendation that I may provide to MatterBooks and includes the Testimonial text, photo, business name, author, and website URL. By submitting a Testimonial you grant MatterBooks the irrevocable, perpetual, transferable, and unrestricted right to reproduce, display, use, and publish your Testimonial for promotional purposes in any medium; and to alter the Testimonial photo without restriction, all without compensation to you. MatterBooks is under no obligation to publish your Testimonial.
Technical support is only provided to account holders in good standing and is only available online or through email.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, MatterBooks, or any other MatterBooks service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by MatterBooks.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MatterBooks customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may occur in the absence of encryption and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE TRANSMISSION, TECHNICAL PROCESSING AND STORAGE OF YOU INFORMATION AND DATA, INCLUDING BUT NOT LIMITED TO YOUR CONTENT AND/OR YOUR PERSONAL INFORMATION, (YOUR “DATA”) OCCURS ON SERVICES LOCATED IN THE UNITED STATES OF AMERICA, AND THAT, WITH RESPECT TO ANY USER OUTSIDE OF THE UNITED STATES OF AMERICA, USE OF THE SERVICE WILL INVOLVE AND RESULT IN THE TRANSMISSION OF YOUR DATA TO THE UNITED STATES OF AMERICA. BY ACCEPTING THIS AGREEMENT AND/OR BY USING THE SERVICE, YOU HEREBY GIVE YOUR EXPLICIT PERMISSION TO TRANSMIT, PROCESS, AND/OR STORE YOUR DATA TO AND/OR WITHIN THE UNITED STATES OF AMERICA AND HEREBY KNOWINGLY AND INTENTIONALLY WAIVE ANY LEGAL EXPECTATIONS OF PRIVACY IN THE DATA THAT MAY BE GRANTED BY OR RECOGNIZED WITHIN YOUR COUNTRY OF ORIGIN, INCLUDING BUT NOT LIMITED TO THE EUROPEAN PRIVACY DIRECTIVE (DIRECTIVE 95/46/EC) AND ANY NATIONAL LAWS PROMULGATED THEREUNDER OR IN ASSOCIATION THEREWITH, AND HEREBY GRANT MY EXPLICIT CONSENT TO THE TRANSMISSION, PROCESSING, AND STORAGE OF MY DATA BY MatterBooks IN ASSOCIATION WITH MY USE OF THE SERVICES.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages in association with your use of or through the Service.
You must not transmit any worms or viruses or any code of a destructive nature.
You may not use the provided storage for offsite backups, delivery or transfer of high-resolution images or proofs, or otherwise use excessive storage (as determined solely by MatterBooks). If you are found to be abusing the provided storage, your account may be disabled until your storage usage is corrected.
If your bandwidth usage exceeds 1 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by MatterBooks) of other MatterBooks customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
The failure of MatterBooks to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Excluding any properly executed addendum, this Terms of Service constitutes the entire agreement between you and MatterBooks and govern your use of the Service, superseding any prior agreements between you and MatterBooks (including, but not limited to, any prior versions of the Terms of Service).
Our Warranties and Disclaimers
THE SERVICE IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”.
MatterBooks does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. To the extent permitted by law, we exclude and disclaim all warranties, whether express or implied.
Other than as expressly set out in these Agreement, neither MatterBooks nor its suppliers or distributors make any specific promises about the Service. For example, we don’t make any commitments about the Content within the Service, the specific functions of the Service, or their reliability, availability, or ability to meet your needs.
Liability for our Service
Your use of the Service is at your sole risk.
You expressly understand and agree that, to the greatest extent permissible by governing laws, MatterBooks shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MatterBooks has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. To the extent that any of the foregoing limitations of liability exceed that which is enforceable or otherwise permissible as a matter of law, it is the intent of the parties to this Agreement that the liability of MatterBooks in association with providing the Service be limited to the maximum extent permissible by law, and that the foregoing provisions be blue penciled by any court of competent jurisdiction adjudicating any claim under or in association with this agreement so as to render the foregoing limitations of liability enforceable under the law.
INFORMAL RESOLUTION: We want to address your concerns without needing a formal legal case. Before filing a claim against MatterBooks, you agree to make a good faith effort to resolve the dispute informally by sending a dispute notice to email@example.com AND sending a paper copy of the notice to PO Box 5714, Alpharetta, GA 30023-5714 via USPS Certified Mail. Include a thorough description of your dispute in your notice, including a summary of the situation that caused the issue and your desired remedies. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or MatterBooks may bring a formal proceeding.
JUDICIAL PROCEEDINGS: You and MatterBooks agree that any judicial proceeding to resolve claims relating to this Agreement or the Service will be brought in the federal or state courts in and /or for Forsyth County, Georgia, Unites States of America. Both you and MatterBooks consent to venue and personal jurisdiction in such courts and both MatterBooks and you irrevocably waive any right to a trial by jury.
NO CLASS ACTIONS: To the maximum extent permissible by law, you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action and you waive any right to bring such a claim, whether as part of a class arbitration, class action, law suit, private attorney general actions, and/or consolidation with other arbitrations or actions.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Georgia, United States of America, without regard to principles of conflicts of law.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by MatterBooks in exercising any right hereunder will waive any further exercise of that right. MatterBooks’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without MatterBooks’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from MatterBooks electronically. MatterBooks may provide all such communications by email or by posting them on the Service or MatterBooks Blog. For support-related inquiries, you may send an email to firstname.lastname@example.org. You may send notices of a legal nature to MatterBooks at email@example.com or mail them to PO Box 5714, Alpharetta, GA 30023-5714. Nothing herein shall limit MatterBooks’s right to object to subpoenas, claims, or other demands.