Terms of Use

Thank you for using Matchmaticians.com.

These terms and conditions (“Terms”) outline your rights and responsibilities and govern your access to and use of Matchmaticians.com, as well as any content, products, and services available at or through Matchmaticians.com (collectively referred to as “Services”). These Terms include a binding arbitration provision that affects your rights. Please read these Terms carefully before using Matchmaticians Services.

Your use of Matchmaticians Services is subject to your acceptance of each and all of the Terms contained herein and all other operating rules and policies of Matchmaticians, including, without limitation, Matchmaticians Privacy Policy (collectively, the “Agreement”). Your access to Matchmaticians.com and your use of our services shall be deemed to be your acceptance of each of these Terms in full, and as your agreement to abide by each of these Terms.

Throughout these Terms, Matchmaticians.com and its subsidiaries are referred to as “Matchmaticians”, “we”, “us”, or “our”. “User”, “you”, or “your” refers to any individuals that accesses .com or uses our Services.

From time to time Matchmaticians may offer new features and services. You may be required to enter into additional authorizations or agreements before you can access such features or services.

1- Changes

Matchmaticians may change these Terms, including, but not limited to, any payment terms and legal disputes provisions at any time. When we make such changes to these Terms, we will post the updated Terms and we may or may not send you a notice about the changes in these terms. Your continued access to Matchmaticians.com and your use of our Services after such changes have been posted, acknowledge your agreement to the new Terms. Please check these Terms of Use regularly for updates and changes.

2- Your Account

To use our Services, you will need to create an account and select as username and password. You will be solely responsible and liable for any activity that occurs under your username. You can use our Services solely and exclusively for your own personal educational needs. You are responsible for maintaining the security of your account and password. We encourage you to use strong passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services, even if those actions are not taken by you. You may not impersonate any other person. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. Matchmaticians will not be responsible or liable for any loss or damage arising from your failure to comply with the provisions of this section.

You may sign up for an account through a third party social network such as Google. If you sign up for an account through a third-party social network, you will provide your third party account credentials to , and you are consenting to have the information in the third-party accounts to be transmitted to us. We have the right to suspend or terminate your account for any reason at our sole discretion with or without any notice to you.

When you sign up for a Matchmaticians account, we consider that to be an inquiry about our products and services, and hence we may contact you regarding your account and the Services provided by Matchmaticians.

Inactive accounts (accounts that have not been signed in within one year) with a positive available credit are charged an account maintenance fee of $5 per year.

3-Modifications to Service

Matchmaticians reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Matchmaticians will not be liable to you or to any third party for any modification, suspension or discontinuance of its Services. Any description of the Services by Matchmaticians is not a representation that the Services are working or will be working in the described manner.

4-Questions, Answers, and the Review Process

Matchmaticians.com is an online venue where users ask and/or answer mathematics questions. The questioner chooses a deadline and offers a bounty for receiving a complete answer before the due date. The answerer who accepts to answer the question is solely responsible for submitting a complete answer before the due date. Funds will be put on hold in both the questioner’s and the answerer’s Matchmaticians accounts and will be released once the answer is reviewed by the questioner or a Matchmaticians judge (website moderator). After the answer is received, the questioner has 7 days to review, accept or dispute the answer. If the answer is disputed, a Matchmaticians judge will review the answer and make a final decision on completeness and accuracy of the answer. If the Matchmaticians judge decides that the answer is not 100% complete, the questioner will receive a compensation and the answerer may lose a part or all of their deposit based on the judge’s evaluations of the completeness of the answer (see https://matchmaticians.com/how-it-works for more details). You understand that once you submit a question or an answer, you can not delete, edit, or cancel it.

Matchmaticians judges will be strict in evaluating the quality of the disputed answers and will follow the general guidelines at https://matchmaticians.com/how-it-works (Table 3). After the judicial review is completed, it is final and may not be disputed by either of the parties (the questioner or answerer). You agree that, as a questioner or answerer, you will accept the evaluation of Matchmaticians judges for every disputed answer. By using Matchmaticians services you agree to accept Matchmaticians judges’ evaluations, and waive all your rights for disputing their decisions. You acknowledge and agree that in case you are not satisfied with Matchmaticians judges decisions, your sole and exclusive remedy is to discontinue your use of our Services. Matchmaticians reserves the right to limit or suspend any user from answering questions for any reason or no reason at all at its sole discretion.

You acknowledge and agree that Matchmaticians may change or modify, at its sole discretion and at any time, its policies posted at https://matchmaticians.com/how-it-works including, but not limited to, the policies regarding the percentage of the question bounty paid to the answerer for answering a question, distribution of the on hold funds between the questioner and the answerer when a question is disputed (Table 1 and Table 2), dispute fees, and the questioner’s and answerer’s share from sold questions/answers. You acknowledge and agree that Matchmaticians, in its sole discretion and at any time, may decide to stop or discontinue paying its users’ a portion of the sales bounty when their question or answer is purchased by other users. You also acknowledge and agree that we may change or modify, or remove our judicial review guidelines (Table 3) at any time, in our sole discretion. Such changes and modifications will be effective as soon as we update our policies at https://matchmaticians.com/how-it-works. Please review such policies regularly and discontinue using our Services if you do not agree with them. Your continued use of our Services shall be deemed as your acceptance of our updated policies.

5-Your License for using Matchmaticians Services

To register for an account or use Matchmaticians Services or website, you must, and hereby represent that you are a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you use our Services) who can form legally binding contracts. Subject to your acceptance and compliance with these Terms of Use and all applicable laws, Matchmaticians grants you a limited, personal, non-commercial, non-exclusive, revocable, and non-transferable license to use our Services. You are only authorized to use Matchmaticians Services for your own personal use. You may not access, download, or copy content or information from Matchmaticians sites or Services using artificial methods including but not limited to spiders, scrapers, scripts, crawlers, hacking devices, computer programs, bots or other similar methods. You agree that
1- You may not use Matchmaticians Content, materials, or Services for any commercial purposes, or for any public display (commercial or noncommercial).
2- You may not transfer the content or materials to any other person.
3- You may not copy, modify, or access any computer codes associated with Matchmaticians.com.
This license shall automatically terminate if you violate any of the terms in this section or any of the terms in this Terms of Use. You acknowledge and agree that Matchmaticians may suspend or terminate your account at any time with or without any notice to you.

6-Responsibility of Users/Prohibited Activities and Content

We do not review, and cannot review, all of the content (such as, but not limited to, text, photo, comment, video, audio, or other materials) posted to our Services by users or anyone else (“Content”) and we are not responsible for any use or effects of such Content posted or submitted by our users.

You are solely responsible for the user Content you post through Matchmaticians Services, all your interactions with other users, all activities that occur under your account, and any other actions taken under your account in connection with our Services, even if those actions are not taken by you. Matchmaticians may remove any content resulting from such prohibited activities, suspend or terminate your account, and/or report such activities to law enforcement authorities.

You agree to use our Services and websites in a manner that is lawful and relevant to the purpose of Matchmaticians, i.e. asking and answering mathematics questions for personal educational purposes.

Prohibited user activities or contents include, but is not limited to, activities or materials that Matchmaticians, in its sole discretion, determines unlawful, offensive, or inappropriate. Such prohibited activities or Content include, but not limited to:

1- Any activities that abuse, harass or advocate harassment of others, harm, stalk, deframe, threaten, or otherwise violate the legal rights (including, but not limited to, privacy rights) of others;

2- Any content that is offensive, promotes or otherwise incites hatred, racism, bigotry, or physical or emotional harm of any kind against any individual or group of people.

3- Any content that exploits other users in a violent or sexual manner, or contains violence, nudity, or any offensive subject matter.

4- Any content that contains a link to an adult or any other objectionable website.

5- Submitting, posting, publishing, uploading, distributing, or disseminating any profane, defamatory, hateful, unlawful, infringing, distasteful, or obscene content or materials.

6- Using the Services for any purpose that violates local, state, national, or international laws, including but not limited to working conditions or minimum wage laws.

7- Posting information or transmitting any file that creates a security or privacy risk to any person, entity, or Matchmaticians.

8- Posting any content or uploading any files that contain materials which violate the rights of any third party, including but not limited to intellectual property rights, privacy or publicity rights.

9- Any content that contains, constitutes or promotes false or misleading information, illegal activities, abusive conduct, or otherwise threatening, obscene, libelous or defamatory.

10- Uploading or transmitting any file that may damage, interfere with, impair, disable, disrupt or otherwise overburden the operation of any computer system, device, or computer network.

11- Any content or activity that promotes an illegal or unauthorized copy of a copyrighted material.

12- Advertising, solicitation, or selling any goods or services for any commercial purposes.

13-Any content or activity that involves unsolicited mass mailing, “spimming”, “spamming”, or otherwise posting the same content repeatedly.

14- Any content that contains or promotes any criminal activity or provide information about illegal, criminal, or unlawful activities.

15- Any content or activity that violates or attempts to violate copyrights, patent rights, privacy rights, publicity rights, trademark rights, contract rights, or any other rights of any person or entity.

16- Positing any photograph or video of or about another person or entity without their consent.

17- Modifying or changing, attempting to modify or change, or helping any person to modify or change any software or security technology which is a part of Matchmaticians websites, servers, or Services.

18- Any automated use of the Services, including but not limited to, using computer programs to post any content on Matchmaticians.com.

19- Any activity that involves the use of computer viruses, worms, bots, Trojan horses, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, disrupt, interfere with, impair, disable, overburden, or otherwise permit unauthorized access or use of a computer system, website, or computer network including but not limited to Matchmaticians websites, Services, or servers.

20- Using Matchmaticians websites or Services in a manner that violates any applicable law, or regulations.

21- Any off-site interactions of any nature with other users.

22- Choosing an inappropriate username is strictly prohibited on this website. Inappropriate usernames are defined as any that contain profanity, discriminatory language, or any other offensive material. Any usernames containing any modification of  the word "matchmaticians" that may imply that the user is representing Matchmaticians is prohibited. 

You agree that by using our Services, you will not post, create, or submit any prohibited content and that you will not be involved in any unlawful and prohibited activities, including but not limited to the prohibited Content and activities mentioned in this section. Matchmaticians may remove any content resulting from such prohibited activities, suspend or terminate your account, and/or report such activities to law enforcement authorities. You acknowledge and agree that if Matchmaticians suspends or terminates your account due to a prohibited activity or Content, you will lose all of your funds in your Matchmaticians account.

Matchmaticians reserves all of its rights under the Communications Decency Act, including, but not limited to, its rights to remove any prohibited or objectionable content. Alleged objectionable or prohibited content may be reported to Matchmaticians by email at [email protected] .

7-Disclaimers

To the fullest extent permissible under the applicable law, the Matchmaticians websites and Services are provided on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis and without warranties of any kind, either implied or expressed. To the fullest extent permitted by applicable law, Matchmaticians disclaims all waranties, expressed or implied, or statuary, including, but not limited to warranties for fitness for a particular purpose, of merchantability, trade, quiet enjoyment, non-infringement, title, cosom, or system. To the fullest extent permissible under the applicable law, Matchmaticians do not warrant that your use of the Services is lawful in any particular jurisdiction, and we explicitly disclaim such warranties. You acknowledge that your use of Matchmaticians Services is at your own risk. By accessing or using Matchmaticians Services you represent and warrant that your activities are lawful where you use or access the Services, and does not violate these Terms of Use.

Matchmaticians disclaims all warranties, expressed or implied, that

• The websites or Services will not be interrupted, secure, or error-free
• The Content or materials you obtain from our websites or Services will be reliable or accurate
• The quality of any products, Services, Content, information, or other material obtained or purchased via our website or the Services will meet your expectations
• Any errors or flaws in our websites or Services will be corrected

You acknowledge that you assume and you are solely responsible for all risks and any losses or damages resulting from your use of Matchmaticians Services, including but not limited to any damage to your computer system or loss of data that results from obtaining any Content from our websites or Services. If you use our Services and access or use any Content, you are responsible for taking precautions as necessary to protect yourself, and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

You understand and agree that Matchmaticians does not conduct background checks for any user and that Matchmaticians neither confirms nor denies the validity of the Content or information provided by users. You understand and agree that you will make your own assessments and decisions about risks of your interactions with other users. You acknowledge and agree that Matchmaticians is not responsible for your interactions with other users and your user Content posted by other users. Matchmaticians is not responsible for Content submitted by its users. We do not endorse any Content or represent that the Content is useful, accurate, or non-harmful. We are not responsible for any User Content or activity that is offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.

Matchmaticians expressly disclaims, and you explicitly release Matchmaticians and its subsidiaries, directors, agents, and any other person or entity affiliated with Matchmaticians from, any and all liability whatsoever for any claims, suits, controversies, injuries, damages or losses arising from or in any way related to misstatements or miss representation, or unlawful or prohibited activities of other users.

You understand and acknowledge that Matchmaticians only provides a platform for users to ask and answer questions, and answering questions of other users at Matchmaticians.com or using our Services does not make you an employee of Matchmaticians. You acknowledge and agree that you are solely responsible to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that you are not covered by or eligible for any insurance or benefits from Matchmaticians.

This “Disclaimers” section shall survive any expiration or termination of your relationship with Matchmaticians.

8-User Content

When you submit, upload, post, comment, communicate, link to, email or otherwise publish or distribute any problem, solution, idea, notes, images, videos, data, files, profile date, or any other material (“Content”) to Matchmaticians, its affiliates or employees, or Matchmaticians website(s), you grant Matchmaticians and its affiliates, agents, or otherwise any entity or individual authorized by Matchmaticians, a non-exclusive, unlimited, irrevocable, royalty-free, worldwide, perpetual, fully sublicensable, and fully transferable right to any and all copyright, publicity, trademark, publicity, and database rights you have in the Content, known now or in the future, and to use, copy, publish, modify, reproduce, display, sell or offer to sell, create derivative works based upon the user Content.

You authorize Matchmaticians to use you user Content for any purposes without any payment of any kind to you. To the fullest extent permitted by applicable law, you waive any legal or moral rights you may have in any user Content you post.

You warrant and represent that submitting your User Content, through or in Connection to Matchmaticians Services or website(s), does not violate any copyrights, privacy rights, publicity rights, contract rights, or any other rights of any entity or person. Matchmaticians is not required to publish, display, distribute, or host any user Content, and may remove the published user Content at any time. Matchmaticians reserves the right to change any public question to a private one and feature any public questions/answers on the website.

Except as otherwise described in the Privacy Policy of Matchmaticians, you agree that your user Content will be treated as non-proprietary, non-confidential, and may not be returned. You understand and agree that your relationship with Matchmaticians is not fiduciary or confidential.

You understand and agree that, to the fullest extent permitted by the applicable law, we will not have any obligation to you or any responsibility with regard to your user Content, and Matchmaticians may or may not monitor, display, or publish your user Content, and may delete or modify any user Content at any time with or without any reason, at our sole discretion.

This section, “User Content”, shall survive any termination or expiration of your relationship with Matchmaticians.

9-Links

Matchmaticians does not review and may not review all the websites that are linked to our Content. Matchmaticians is not responsible for the content of any linked website. The inclusion of a link to any website does not imply our endorsement, and the use of any such linked websites is at your own risk. Matchmaticians is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use or access to any such other website, your reliance on the privacy practices or other policies of those websites, or goods or services available on or through any such website.

10-Intellectual Property

The Agreement does not transfer from Matchmaticians to you any Matchmaticians or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Matchmaticians. The Matchmaticians logo and all other trademarks, service marks, graphics, and logos used in connection with our Services, are trademarks or registered trademarks of Matchmaticians. Your use of our Services grants you no right or license to reproduce or otherwise use any Matchmaticians or third party trademarks.

11-Payments

All transactions are made and displayed in US dollars.

The Add Credit and the Cash Out Process

In order to use Matchmaticians Services, you need to deposit funds from your Paypal account, your credit card, or your debit cards to your Matchmaticians account. Matchmaticians uses third party Services for such financial transactions. Transaction fees will be included in your payments to cover third party transaction fees. You can use the Cash Out feature in your Matchmaticians profile to transfer funds from your Matchmaticians account to your Paypal account, which also requires third party transaction fees. You are responsible to pay such transaction fees. You agree and understand that if the third party transaction fees are higher than the expected transaction fees estimated by Matchmaticians, then the funds transferred to your Matchmaticians account (when using Add Credit feature) or your Paypal account (when using Cash Out feature) may be lower than the expected amount, because of the higher transaction fees charged by third party financial services. We do not target users outside of the United States of America and if you use a Non-US paypal account or a Non-US credit or debit card, then third party transaction fees may be higher than the expected transactions fees estimated by Matchmaticians, and consequently the funds transferred to your Matchmaticians account (when using Add Credit feature) or your paypal account (when using Cash Out feature), may be lower, because of the higher transaction fees charged by third party financial services. When using Cash Out feature, Paypal may require you to confirm your email address, you Paypal account, or the transaction by sending you an email, within a limited time frame. You are solely responsible for such confirmations, and you understand and agree that your lack of response for such emails may result in expiration of such transactions and your loss of the transferred funds.

You acknowledge and agree that 80% of the tips given by the questioner is paid to the answerer, and 20% is paid to Matchmaticians as the website commission.

Chargeback, Claims, and Reversals Policies

Users may not chargeback any fees they pay for adding funds to their Matchmaticians account. However, you may transfer funds from your Matchmaticians account back to your Paypal account using the “Cash Out” feature in Matchmaticians. You understand and agree that you will be solely responsible for paying Paypal or any other third party transaction fees to transfer funds from you Matchmaticians account to your Paypal account. If you do a chargeback, Matchmaticians will: (a) suspend your account and freeze any balance in you Matchmaticians account; and (b) charge you for all direct and indirect costs of such charge backs plus an additional fee of $100. You agree that we may recoup such fees from you, and you agree to directly pay Matchmaticians all such fees. If we are unable to recoup the costs of a chargeback from user for a contribution that you posted, you agree and accept that we may recoup this charges from you and you agree to either (a) pay these fees directly to Matchmaticians; or (b) authorize Matchmaticians.com to obtain these fees from the funds in your Matchmaticians account. All financial calculations are accurate within s.01. Matchmaticians will not provide any refunds for any of your transactions including, but not limited to, amounts paid or put on hold for asking a question, answering a question, or purchasing an answer. If you are not satisfied with Matchmaticians Services or do not agree with any provisions of these Terms of use, your sole and exclusive remedy is to discontinue your use of our Services, except as may be provided for in Section 17.

12- Account termination or suspension

If you violate any of these Terms or when Matchmaticians believes that there maybe a suspicious activity with your account, a high level of risk associated with you or your account, then Matchmaticians, in its sole discretion, may suspend your account and place a hold on any or all of the funds in your Matchmaticians account or any other funds that you receive from our Services. If we place a hold on the funds in your Matchmaticians or any other payment, you will be provided with a notice of our actions and the way in which to resolve the issue. If the dispute is resolved in your favor, we will lift the hold on the funds in your Matchmaticians account. If you lose the dispute, Matchmaticians will remove the funds from your account and will terminate your account. If a user applies for termination of their user ID, we may not remove their user Content from our website(s) and they will not be able to receive any fee for transactions completed after the termination of their account.

Users must cash out their website credit before deleting their account. You agree and acknowledge that if you delete your account before cashing out your website credit, you will permanently lose your website credit.

13-Academic Integrity

You acknowledge and agree that Matchmaticians Services are provided merely as study aids and educational guide, and for the purpose of facilitating your learning. You agree that (i) You will not use Matchmaticians Services to complete tests or homework assignments; (ii) You will not submit any Matchmaticians material or Content as your own for academic credit at any school, college, university, or any other educational institution; (iii) You will not use Matchmaticians Services in any manner that violates your instructor’s or educational institution’s policies or academic integrity codes, or otherwise in a manner that is considered “cheating” by your instructor or educational institution.

14-Reporting Copyright and Other Intellectual Property Rights

Matchmaticians respects the intellectual property rights of others, and require you to do the same while using our Services. We take the protection of copyrights and other intellectual property seriously. Only the intellectual property rights owner or the owner's authorized agent is permitted to report potentially infringing materials to Matchmaticians. If you are not the intellectual property rights owner or the owner's authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
Matchmaticians may, in appropriate circumstances and at our sole discretion, terminate service and/or access to this website or services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our website or services, please provide Matchmaticians the following information by email to [email protected] : 1- An electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 2- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works are covered by a single notification, a full list of such works. 3- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to allow Matchmaticians to locate the material. 4- Information sufficient to permit Matchmaticians to contact you as the complaining party, such as an address, telephone number, and, an electronic mail address at which you may be contacted. 5- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. 6- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is or is not infringing may be subject to liability and civil penalties. These include monetary damages, court costs, and attorney fees incurred by Matchmaticians, and by the copyright owner. Matchmaticians reserves the right to suspend and/or terminate the accounts of users who infringe the intellectual property of others. You agree that we may remove your User Content from Matchmaticians website(s) with or without any reason, and with or without any notice to you, at our sole discretion.

15- Affiliate Program

1. Definitions:
a) An “Affiliate Marketer” – refers to the individual or entity that has registered with matchmaticians.com as an affiliate marketer to promote the services offered on our site;
b) “Commission” – refers to a percentage of each successful service made by an Affiliate via the use of unique referral link/code assigned by our website;


2. Enrollment:
a) To become an Affiliate, you must submit a completed application form and be accepted by our website.
b) Upon approval of the application, an Affiliate will receive access to their personal affiliate dashboard and access to marketing material provided by matchmaticians.com.

3. Commissions:
a) Affiliates are entitled to earn commission on all questions by their affiliated users.
b) No commission will be paid for any transaction that have been canceled.
c) All commissions are exclusive of taxes and/or other charges.

4. Compliance:
a) As an Affiliate, you must adhere to all applicable laws and regulations of the country in which your business is conducted.
b) You must not use any aggressive marketing techniques or false claims when promoting our website, products or services.
c) You must have permission to use any third-party trademarks, logos or copyrights when promoting our website and its content.
d) Any misuse of our website’s name, logo or trademark will result in immediate termination of the affiliation agreement with no compensation due.
e) If a customer contacts us directly as a result of your promotion, you will not be entitled to a commission for the sale.

5. Termination:
a) We reserve the right to terminate your Affiliate Agreement at any time, with or without cause at our sole discretion.
b) If you wish to terminate your agreement, you must provide written notice via email to [email protected]
c) Upon termination of your agreement, all rights granted under this agreement shall cease immediately, and you must remove all promotional material from any website associated with our online store.
d) Any commissions due after termination of the agreement will still be payable in accordance with the agreement above up until 30 days after cancellation is received by us in writing.

16-Taxes

You acknowledge and agree that your are solely responsible for all tax liabilities associated with payments received from Matchmaticians users and through Matchmaticians, and that Matchmaticians will not withhold any taxes from payments to its users.

17- Privacy Policy

For information on how we collect, use and disclose information from our users, please review Matchmaticians Privacy Policy at https://www.matchmaticians.com/privacy-policy. You acknowledge and agree that your use of the Services is subject to your understanding and acceptance of our Privacy Policy.

18-Limitation of Liability

To the fullest extent permitted by the applicable law, under no circumstances and under no legal theory (including, but not limited to, tort, contract, strict liability, or otherwise), even if Matchmaticians parties have been advised of or should have known of the possibility of such losses or damages, shall Matchmaticians or its parties be liable for any indirect, economic, consequential, incidental, special or punitive damages or losses, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction related to (a) Matchmaticians Services (b) Your use or inability to use, or performance of the website(s) ( c ) Matchmaticians Content (d) User Content (e) Any action taken in connection to your relationship with Matchmaticians. Under no circumstances Matchmaticians or its parties shall be liable to you, any other person or entity, and any third part for any losses or damages exceeding (i) $50 or (ii) The amounts paid by you to Matchmaticians in connection with our Services in the one (1) month period preceding this applicable claim, whichever is greater. You understand and acknowledge that you may be waving your rights with respect to claims that are unknown or unsuspected at this time . You acknowledge that you have read and you understand, and hereby explicitly wave the benefits of section 1542 of the civil code of California, and any similar laws of any other state or country, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially his settlement with the debtor.” This section, “Limitation of Liability”, shall survive any termination or expiration of your relationship with Matchmaticians.

19- Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Matchmaticians, and its directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to

• your use of our Services, including but not limited to your violation of these Terms
• your violation of any state, national, or international laws or regulations
• Content posted through your account, even if not posted or submitted by you, that violated any copyright, privacy, publicity, patent, trademark, or any other rights of any person or entity
• Matchmaticians use of your user Content or information

This section, “Indemnity”, shall survive any termination or expiration of your relationship with Matchmaticians.

20-Legal Disputes

These Terms are governed by and will be construed under the laws of the state of California, without regard to the conflict of laws provisions thereof. In this section, “Matchmaticians”, “we”, “us”, and “our” refer to Matchmaticians, including, without limitation, its subsidiaries and agents. The word “Dispute” means all disputes, claims,, or controversies between any user and us, whether pre-existing, present, or future, arising from or related to Matchmaticians Services or your access and use of our website(s). This includes, without limitation, disagreements about the validity, enforceability, or scope of this Arbitration Provision. If a dispute arises, the user should first attempt to resolve it by emailing the details of their complaint to Matchmaticians at [email protected]. We will attempt to resolve such disputes in good faith within two weeks from the day of the receipt. You acknowledge and agree that any Dispute between you and Matchmaticians will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, and must follow the terms of these Terms of Use as a court would. To begin an arbitration proceeding, you must email a letter requesting arbitration and describing your claim to [email protected]. The arbitration will be conducted by the American Arbitration Association (AAA) in the English language at Los Angeles, California under its rules, including the AAA's The Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. The AAA's rules are available at www.adr.org or by calling AAA at 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. You acknowledge and agree that you and Matchmaticians are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

21-Entire Agreement

The Agreement constitutes the entire agreement between Matchmaticians and you concerning the subject matter hereof. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (i) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (ii) such provision or provisions shall be deemed reformed to the maximum extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (iii) to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby.
A waiver by either party of any term or condition of the Agreement or any breach thereof, in any instance, will not waive such term or condition or any subsequent breach thereof. The failure of Matchmaticians to exercise any rights or provisions of the Agreement is not a waiver of such right or provision. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Matchmaticians or third-party products or services through our Services.
If you have any questions about these Terms of Use, please contact us at [email protected].