Welcome to www.matrixformedia.com (the “Website”) operated by Matrix Operations Company, LLC a Pennsylvania limited liability company located at 901 Pennsylvania Avenue Pittsburgh, PA 15233 (“Matrix Solutions”, “Matrix”, “we”, “our”, or “us”). This Website enables visitors on the Internet (“you” or “your”) to view and learn more about us.
We will indicate that changes to the Agreement have been made by updating the date indicated after “Last Modified” at the end of the Agreement with the date on which such changes were made. A current version of the Agreement is accessible via the footer of the Website’s homepage.
2. Prohibited uses: You agree not to use the Matrix Website (including, without limitation, any Materials or Services you may obtain through your use of the Matrix Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Matrix Website or servers or networks connected to the Matrix Website. You further agree not to (i) use any data mining, robots, or similar data gathering or extraction methods in connection with the Matrix Website; or (ii) attempt to gain unauthorized access to any portion of the Matrix Website or any other accounts, computer systems, or networks connected to the Matrix Website, whether through hacking, password mining, or any other means.
3. Copyright: All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), is the property of Matrix Solutions or its licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on this Website is strictly prohibited. If you use material appearing on the Website in violation of this Agreement, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.
4. Trademarks: Unless otherwise indicated, all names, designs, graphics, logos, page headers, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Matrix Solutions or its licensors (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or that disparages or discredits Matrix Solutions.
5. Employment: You acknowledge and agree that you will only submit your resume or other materials to Matrix Solutions in order to apply for a position with Matrix Solutions if you are at least eighteen (18) years of age and are eligible to work legally in the United States.
6. Links: Matrix Solutions and/or third parties may provide links to other websites of possible interest to you. Because Matrix Solutions has no control over such websites, you acknowledge and agree that Matrix Solutions is not responsible for the availability of such websites and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Matrix Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
7. DISCLAIMER OF WARRANTIES:
THE MATRIX WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATRIX WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT MATRIX, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.
7.1: YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. MATRIX SOLUTIONS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY: (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE, OR (ii) CONCERNING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT OR PRODUCTS APPEARING ON THE WEBSITE. THE WEBSITE AND ANY PRODUCTS APPEARING ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND MATRIX SOLUTIONS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, MATRIX SOLUTIONS DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
7.2: YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MATRIX SOLUTIONS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. MATRIX SOLUTIONS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. MATRIX SOLUTIONS IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE.
8. LIMITATION OF LIABILITY:
8.1: IN NO EVENT SHALL MATRIX SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. MATRIX SOLUTIONS’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).
8.2: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any MATRIX Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the MATRIX Party’s liability shall be the minimum permitted under such applicable law.
9. Indemnification: You agree to indemnify, defend and hold harmless Matrix Solutions from any claim, expense or demand including, without limitation, for reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. Matrix reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Matrix Solutions’ defense of such claim.
11. User submissions: Certain areas of the Matrix Website (e.g., customer ratings, review areas, user forums and related areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (Content). You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Matrix Website Content that you have the right and authority to Share and for which you have the right and authority to grant to Matrix all of the licenses and rights set forth herein. By Sharing Content, you grant Matrix a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any Matrix product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by Matrix without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Matrix’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will not Share any Content that: (a) is binary executable code; (b) is false or misleading; (c) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (d) invades another’s privacy or includes another’s confidential, sensitive or personal information; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste; (g) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights and licenses for; (i) violates or promotes the violation of any applicable laws or regulations; (j) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (k) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.
Matrix does not want to receive confidential information from you through or in connection with the Website. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by Matrix on a non-confidential and unrestricted basis.
12. Access by Minors: Minors are not eligible to use the Website. We do not want to receive any Content or submissions from any minor.
13. International and Export Compliance: Matrix administers this Website from offices located in Pittsburgh, Pennsylvania. Matrix makes no representation that the Matrix Website is appropriate or available for use outside the United States and access to the Matrix Website from territories where its contents are illegal or restricted is prohibited. If you choose to access the Matrix Website from outside the United States, you do so at your own risk and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Matrix Website and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. Governing Law: All matters relating to this Agreement and your access to, and use of, the Website and Content provided on or through or uploaded to the Website shall be governed by U.S. federal law or the laws of the Commonwealth of Pennsylvania. Any legal action or proceeding relating to your access to, or use of, the Website or Content shall be instituted in a state or federal court in Pittsburgh, Pennsylvania. You and Matrix agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
15. General: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforceable. You agree that this Agreement may be assigned by Matrix Solutions, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act thereafter with respect to that or any subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
16. Contact Information: If you have any questions or concerns regarding the Website, or these Terms & Conditions please contact us by e-mail at email@example.com or write to us at Matrix Solutions, 901 Pennsylvania Avenue, Pittsburgh, PA 15233, Attn: Website.
Copyright © 2011 Matrix Operations Company, LLC. All rights reserved.
Matrix SalesCenter™ and MatrixPlus™ and all related logos are trademarks of Matrix Operations Company, LLC. All other names and logos are trademarks of their respective organizations.
Last Modified: April 19, 2011