Effective Date: MARCH 1, 2015
(NOTE: IF YOU ARE AN EXISTING USER OF THE MATADORU SITE AND HAVE PREVIOUSLY AGREED TO A VERSION OF THIS TOU, THE TERMS OF THIS TOU WILL TAKE EFFECT FOR YOU THIRTY DAYS FROM THE EFFECTIVE DATE ABOVE OR MARCH 31, 2015. your continued use of the MATADORU Site constitutes your acceptance of THIS TOU.)
The MatadorU website located at www.matadoru.com (the “MatadorU Site”) is a copyrighted work belonging to Matador Ventures, Inc., including its affiliates and agents (“Matador”). Matador offers courses on the MatadorU Site (each, an “Online Course”). A User of an Online Course will have access to the Materials for that Online Course, in addition to the other services described in the course outline for that Online Course (collectively, the “MatadorU Services”). A User may elect to subscribe to “Matador Marketplace” for a Fee (if any), which will entitle the User to have access to the services offered from time to time by Matador as a part of the Matador Marketplace Services (collectively, the “Matador Marketplace Services”).
PLEASE NOTE THAT THE AGREEMENT CONTAINS IMPORTANT PROVISIONS, INCLUDING PROVISIONS THAT LIMIT MATADOR’S LIABILITY AND THAT LIMIT CERTAIN RIGHTS OF BOTH PARTIES, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM. YOU ARE THEREFORE STRONGLY ENCOURAGED TO READ THE AGREEMENT IN ADDITION TO THE TOU.
Matador may change the terms of this TOU from time to time at its sole discretion. When these changes are made, Matador will make a new copy of the TOU available at the MatadorU Site and will indicate the new effective date. Matador may, in its sole discretion, require you to provide consent to the updated TOU before further use of the Site or the Services is permitted. Otherwise, your continued use of the MatadorU Site or any affected Services constitutes your acceptance of the changes.
You are responsible for updating your Account (as defined below) with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you any notice, our dispatch of the email containing such notice to that address will nonetheless constitute effective notice to you. Certain provisions of this TOU and the Agreement may be superseded by expressly designated legal notices or terms located on particular pages of the Sites.
1. Registration and Payment.
1.1 Registration. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation or the terms of this TOU or the Agreement. During the MatadorU Site registration process, you will be asked to choose a username and a password for your MatadorU Site account (“Account”). You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account of another user at any time. You may not share your login, password, or access to or use of any Online Course Materials with any other person. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
(a) If you are purchasing an Online Course or the Matador Marketplace Services, you agree to pay the tuition fee set forth in the registration process (if any) (“Tuition Fee”) for the Online Course or the subscription fee for the Matador Marketplace Services (if any) (“Subscription Fee”). The Tuition Fee and Subscription Fee may be referred to individually or collectively as the “Fee(s)”. You must provide Matador with a valid credit card (Visa, MasterCard, American Express or any other issuer accepted by us) or PayPal account as a condition to signing up for the Services.
(b) All Fees are non-refundable. Fees are exclusive of any taxes, levies, or duties that may be imposed by taxing authorities, and you agree that you will be responsible for payment of any such taxes, levies or duties.
2.1 License. Subject to the terms of this TOU and the Agreement, Matador grants you a non-transferable, non-exclusive, royalty-free, fully paid, worldwide license, solely for your internal business purposes,
(a) to use and access the MatadorU Services and,
(b) to use and access, subject to payment of any corresponding Fee, Matador Marketplace.
2.2 Certain Restrictions. The rights granted to you in this TOU are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the MatadorU Services or the Online Course Materials; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the MatadorU Services or the Online Course Materials; (c) you shall not access the MatadorU Services or the Online Course Materials in order to build a similar or competitive product or service; and (d) except as expressly stated herein, no part of the MatadorU Services or the Online Course Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the MatadorU Services made available to you by Matador shall be subject to the terms of this TOU and the Agreement. All copyright and other proprietary notices on any MatadorU Site content or Online Course Materials must be retained on any copies permitted by this TOU.
2.3 Modification. Matador reserves the right, at any time, to modify, suspend, or discontinue the MatadorU Services or any part thereof with or without notice. You agree that Matador will not be liable to you or to any third party for any modification, suspension, or discontinuance of the MatadorU Services or any part thereof.
2.4 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the MatadorU Services and Online Course Materials (excluding any User Content) are owned by Matador or Matador’s licensors. The provision of the MatadorU Services, including the Online Courses, does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Matador and its suppliers reserve all rights not granted in this TOU or the Agreement.
2.5 Your Responsibilities. You are responsible for (a) all equipment necessary for your own Internet connection, (b) your access to the Internet, and (c) any fees related to such connection, and for the cost of all use of the Services accessed through your Account.
3.1 Technical Support. You may contact Matador during regular business hours by telephone or email if you experience difficulties connecting to or using technical features of the Online Course during the period of time for which you have paid the applicable Tuition Fee.
3.2 Availability. While Matador endeavors to make web access to the Online Courses available to you 24 hours per day, 7 days per week, except for regularly scheduled downtime periods, Matador reserves the right to change its availability policy from time to time, and Matador does not warrant that the Online Courses will be uninterrupted, nor does it warrant any particular feature or content of the Online Courses.
3.3 Accuracy of Information. A possibility exists that the MatadorU Site or Online Course Materials could include inaccuracies, omissions or errors. Although we endeavor to ensure the accuracy and integrity of the MatadorU Site and Online Course Materials, we make no guarantees as to their completeness or correctness. We are not liable to any User or anyone else for any decision made or action taken based on reliance upon the information contained or provided through the MatadorU Site or the Online Course Materials. If you should find any inaccuracy, please contact us at advisor@MatadorU.com with a description or reference to the inaccurate material.