California Observer

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Terms of Use

Last Modified: November 19, 2024

Definitions

For the purposes of these Terms of Use, the following terms shall have the meanings assigned to them:

  1. “Ambassador” – Refers to an article author who has received compensation from the person or company whose product or service is the subject of the article, in exchange for publishing the article as a form of “native advertising.”
  2. “Company” – Refers to Matrix Global LLC, a Cook Islands company, including its affiliates, licensors, officers, employees, agents, service providers, successors, and assigns.
  3. “Content Standards” – The rules outlined in these Terms of Use that govern the acceptability of User Contributions on the Website. These standards ensure compliance with applicable laws and prohibit objectionable, misleading, or unlawful content.
  4. “DMCA” – Refers to the Digital Millennium Copyright Act (17 U.S.C. § 512), a U.S. copyright law that provides a process for addressing copyright infringement claims.
  5. “DMCA Notice” – A formal notification sent to the Company by a copyright holder, detailing alleged copyright infringement on the Website, in compliance with Section 512(c)(3) of the DMCA.
  6. “Interactive Services” – Includes message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, instant messages, email messages, push notifications, member profiles, promo pages, blogs, feeds, challenges, and other features of the Website that allow users to post content.
  7. “Native Advertising” – Content that resembles the format and tone of the Website’s editorial content but is created for promotional purposes and for which compensation has been provided to the Company.
  8. “Privacy Policy” – The policy that outlines how the Company collects, uses, and protects user information. It can be found at this publication’s Privacy Policy page.
  9. “Terms of Sale” – The additional terms and conditions that govern purchases made through the Website. These are incorporated into the Terms of Use by reference.
  10. “Terms of Use” – Refers to this agreement, which governs the relationship between the user and the Company, outlining the rights and obligations of both parties concerning the use of the Website.
  11. “User” or “You” – Refers to any individual or entity accessing or using the Website, whether as a guest or a registered user.
  12. “User Contributions” – Refers to content or materials posted, submitted, published, displayed, or transmitted by users on or through the Website, including but not limited to text, images, videos, and audio.
  13. “Website” – Refers to this website and all its content, functionality, and services, including any part of the platform accessed by users.
  14. “We,” “Our,” or “Us” – Refers to the Company, Matrix Global LLC.
  15. “Interactive Features” – Specific tools or components of the Website that allow users to engage with the platform or other users, including commenting, messaging, or submitting content.
  16. “Native Content” – Any content created to serve as advertising or promotional material, marked by its resemblance to editorial content, for which compensation is provided to the Company.
  17. “Compensating Party” – Any person or company that compensates the Company for creating or publishing promotional or native advertising content.
  18. “Goodwill” – The favorable relationship or reputation built between the Company and the compensating party, often used as an incentive for future ambassadorships.
  19. “Copyright Agent” – The designated individual or entity responsible for receiving DMCA Notices on behalf of the Company, as outlined in the Copyright Policy section.
  20. “Due Diligence” – The reasonable steps or research a user should undertake to evaluate products, services, or claims made in articles on the Website.
  21. “Cook Islands Arbitration Act 2014” – Refers to the arbitration law of the Cook Islands, which may govern dispute resolution under these Terms of Use.
  22. “Denial-of-Service Attack” – A cyberattack that attempts to make a website or online service unavailable by overwhelming it with excessive traffic or data requests.
  23. “Prohibited Uses” – The explicitly banned activities listed in these Terms of Use, including illegal actions, unauthorized commercial use, or attempts to harm the Website or its users.
  24. “Compensating Party” – The individual or organization providing payment to the Company for native advertising or promotional content published on the Website.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Matrix Global LLC (“Company,” “we,” or “us“), a Cook Islands company. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of CaliforniaObserver.com, including any content, functionality, and services offered on or through CaliforniaObserver.com (collectively, the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at CaliforniaObserver.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to all users, some of whom may be 13 years of age or younger. If you are 13 years of age or younger, by using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at CaliforniaObserver.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use  

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security  

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

– Make all arrangements necessary for you to have access to the Website.

– Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights  

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material. They are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

– Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

– You may store files that are automatically cached by your Web browser for display enhancement purposes.

– You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

– If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

– If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

– Modify copies of any materials from this site.

– Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

– Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

– You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please mail your request to Ora Fiduciary (Cook Islands) Limited Global House, Avarua, Rarotonga, Cook Islands.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately. You must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks  

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Advertising and Sponsored Content

  • Ambassadors
    An article author may be designated as an “Ambassador.” This means that the Company has been compensated by the person or company whose product or service is the subject of the article in exchange for publishing the article as so-called “native advertising.” The Company does not receive any additional compensation of any kind if our readers purchase the product or service, and the Company has no vested interest in the commercial success of the compensating party other than the prospect of future ambassadorship or goodwill.
  • Branded Content Disclosure
    Some articles or materials on this Website may be labeled as “Branded Content” or “Sponsored Content.” This means the Company has been compensated by a third party—such as an advertiser or business—for creating, publishing, or promoting the content.

While we ensure this content aligns with our standards, you acknowledge that:

  1. The Company has received payment or other benefits for featuring branded content.
  2. The opinions and claims in branded content are those of the sponsor, not the Company, unless stated otherwise.
  3. The Company does not earn additional commissions or incentives based on your actions, purchases, or interactions with the content.
  4. Branded content will always be clearly labeled for transparency.


You agree to:

  • Conduct your own research before acting on any information in branded content.
  • Understand that branded content is not an endorsement or guarantee by the Company.


For questions about our policies, contact us at the address in the Your Comments and Concerns section.

Prohibited Uses  

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

– In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

– For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

– To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

– To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

– To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

– To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

– Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

– Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

– Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

– Use any device, software, or routine that interferes with the proper working of the Website.

– Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

– Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

– Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

– Otherwise attempt to interfere with the proper working of the Website.

User Contributions  

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, instant messages, email messages, push notifications, member profiles, promo pages, blogs, feeds, challenges and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

– You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

– All of your User Contributions do and will comply with these Terms of Use.

– You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination  

We have the right to:

– Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

– Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

– Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

– Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Website.

– Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Content Standards  

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

– Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

– Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

– Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

– Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

– Be likely to deceive any person.

– Promote any illegal activity, or advocate, promote, or assist any unlawful act.

– Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

– Impersonate any person or misrepresent your identity or affiliation with any person or organization.

– Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

– Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

No Reliance  

Articles appearing on this Website may include references to products or services or to persons or companies selling products or services. You acknowledge that these articles do not, and are not intended to, provide a full description of the costs and benefits of such products or services, and you agree that you will not purchase such products or services in reliance on any articles on this Website, or without conducting your own due diligence. Company is not responsible for the proper functioning of any such product or service or for any damages of any kind suffered as a result of or incidental to purchasing such product or service.

Copyright Policy  

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request the removal of those materials (or access to them) from the Website by submitting a written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

– Your physical or electronic signature.

– Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

– Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

– Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

– A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

– A statement that the information in the written notice is accurate.

– A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Ora Fiduciary (Cook Islands) Limited  

Global House, Avarua,  

Rarotonga, Cook Islands

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice“) by submitting a written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

– Your physical or electronic signature.

– An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

– Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

– A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

– A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted  

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website  

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website  

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions  

All purchases through our site or other transactions for the sale of goods, services, or information formed through the Website, or resulting from visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features  

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

– Link from your own or certain third-party websites to certain content on this Website.

– Send emails or other communications with certain content or links to certain content on this Website.

– Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

– Establish a link from any website that is not owned by you.

– Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

– Link to any part of the Website other than the homepage.

– Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website  

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties  

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability  

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification  

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction  

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Cook Islands, without giving effect to any choice or conflict of law provision or rule (whether the Cook Islands, or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the Cook Islands, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration  

At the Company’s sole discretion, we may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Cook Islands Arbitration Act 2014.

Limitation on Time to File Claims  

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability  

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement  

The Terms of Use, our Privacy Policies, and Terms of Sale constitute the sole and entire agreement between you and Matrix Global LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns  

This Website is operated by Matrix Global LLC, located at Ora Fiduciary (Cook Islands) Limited Global House, Avarua, Rarotonga, Cook Islands.

All notices of copyright infringement claims should be sent to the copyright agent designated in our section entitled “Copyright Policy” in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be mailed to Ora Fiduciary (Cook Islands) Limited Global House, Avarua, Rarotonga, Cook Islands.