Terms of Service (“Terms”)

Last updated:  April 25, 2016

Please read these Terms of Ser­vice (“Terms”, “Terms of Ser­vice”) which includes by ref­er­ence our Pri­vacy Pol­icy care­fully before using the Mata­dor Net­works, LLC web­site (the “Ser­vice”) oper­ated by Mata­dor Net­works, LLC (“us”, “we”, or “our”).

Your access to and use of the Ser­vice is con­di­tioned on your accep­tance of and com­pli­ance with these Terms. These Terms apply to all vis­i­tors, users and oth­ers who access or use the Ser­vice.

By access­ing or using the Ser­vice you agree to be bound by these Terms. If you dis­agree with any part of the terms then you may not access the Ser­vice.

Accounts

When you cre­ate an account with us, you must pro­vide us infor­ma­tion that is accu­rate, com­plete, and cur­rent at all times. Fail­ure to do so con­sti­tutes a breach of the Terms, which may result in imme­di­ate ter­mi­na­tion of your account on our Ser­vice.

You agree not to dis­close your secure links to our ser­vice to any third party. You must notify us imme­di­ately upon becom­ing aware of any breach of secu­rity or unau­tho­rized use of your account.

You agree not to cre­ate dupli­cate accounts, espe­cially for any pur­poses of redeem­ing a mar­ket­ing pro­mo­tion for which are you inel­i­gi­ble or no longer eli­gi­ble. Express vio­la­tion of pro­mo­tional terms in using this Ser­vice will result in retroac­tive can­cel­la­tion of dis­counts and rein­state­ment of full charges.

Links To Other Web Sites

Our Ser­vice may con­tain links to third-party web sites or ser­vices that are not owned or con­trolled by Mata­dor Net­works, LLC.

Mata­dor Net­works, LLC has no con­trol over, and assumes no respon­si­bil­ity for, the con­tent, pri­vacy poli­cies, or prac­tices of any third party web sites or ser­vices. You fur­ther acknowl­edge and agree that Mata­dor Net­works, LLC 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 use of or reliance on any such con­tent, goods or ser­vices avail­able on or through any such web sites or ser­vices.

We strongly advise you to read the terms and con­di­tions and pri­vacy poli­cies of any third-party web sites or ser­vices that you visit.

Ter­mi­na­tion

We may ter­mi­nate or sus­pend access to our Ser­vice imme­di­ately, with­out prior notice or lia­bil­ity, for any rea­son what­so­ever, includ­ing with­out lim­i­ta­tion if you breach the Terms.

All pro­vi­sions of the Terms which by their nature should sur­vive ter­mi­na­tion shall sur­vive ter­mi­na­tion, includ­ing, with­out lim­i­ta­tion, own­er­ship pro­vi­sions, war­ranty dis­claimers, indem­nity and lim­i­ta­tions of lia­bil­ity.

We may ter­mi­nate or sus­pend your account imme­di­ately, with­out prior notice or lia­bil­ity, for any rea­son what­so­ever, includ­ing with­out lim­i­ta­tion if you breach the Terms.

Upon ter­mi­na­tion, your right to use the Ser­vice will imme­di­ately cease. If you wish to ter­mi­nate your account, you may sim­ply dis­con­tinue using the Ser­vice.

All pro­vi­sions of the Terms which by their nature should sur­vive ter­mi­na­tion shall sur­vive ter­mi­na­tion, includ­ing, with­out lim­i­ta­tion, own­er­ship pro­vi­sions, war­ranty dis­claimers, indem­nity and lim­i­ta­tions of lia­bil­ity.

Indem­ni­fi­ca­tion

You agree to defend, indem­nify and hold harm­less Mata­dor Net­works, LLC and its licensee and licen­sors, and their employ­ees, con­trac­tors, agents, offi­cers and direc­tors, from and against any and all claims, dam­ages, oblig­a­tions, losses, lia­bil­i­ties, costs or debt, and expenses (includ­ing but not lim­ited to attorney’s fees), result­ing from or aris­ing out of a) your use and access of the Ser­vice, by you or any per­son using your account and pass­word, or b) a breach of these Terms.

Lim­i­ta­tion of Lia­bil­ity

In no event shall Mata­dor Net­works, LLC, nor its direc­tors, employ­ees, part­ners, agents, sup­pli­ers, or affil­i­ates, be liable for any indi­rect, inci­den­tal, spe­cial, con­se­quen­tial or puni­tive dam­ages, includ­ing with­out lim­i­ta­tion, loss of prof­its, data, use, good­will, or other intan­gi­ble losses, result­ing from (i) your access to or use of or inabil­ity to access or use the Ser­vice; (ii) any con­duct or con­tent of any third party on the Ser­vice; (iii) any con­tent obtained from the Ser­vice; and (iv) unau­tho­rized access, use or alter­ation of your trans­mis­sions or con­tent, whether based on war­ranty, con­tract, tort (includ­ing neg­li­gence) or any other legal the­ory, whether or not we have been informed of the pos­si­bil­ity of such dam­age, and even if a rem­edy set forth herein is found to have failed of its essen­tial pur­pose.

Dis­claimers

Your use of the Ser­vice is at your sole risk. The Ser­vice is pro­vided on an “AS IS” and “AS AVAILABLE” basis. The Ser­vice is pro­vided with­out war­ranties of any kind, whether express or implied, includ­ing, but not lim­ited to, implied war­ranties of mer­chantabil­ity, fit­ness for a par­tic­u­lar pur­pose, non-infringe­ment or course of per­for­mance.

Mata­dor Net­works, LLC its sub­sidiaries, affil­i­ates, and its licen­sors do not war­rant that a) the Ser­vice will func­tion unin­ter­rupted, secure or avail­able at any par­tic­u­lar time or loca­tion; b) any errors or defects will be cor­rected; c) the Ser­vice is free of viruses or other harm­ful com­po­nents; or d) the results of using the Ser­vice will meet your require­ments.

You under­stand that the Com­pany uses third party ven­dors and host­ing part­ners to pro­vide the nec­es­sary hard­ware, soft­ware, net­work­ing, infra­struc­ture, mar­ket­ing oper­a­tions, stor­age, and related tech­nol­ogy required to run the Ser­vice.

Exclu­sions

Some juris­dic­tions do not allow the exclu­sion of cer­tain war­ranties or the exclu­sion or lim­i­ta­tion of lia­bil­ity for con­se­quen­tial or inci­den­tal dam­ages, so the lim­i­ta­tions above may not apply to you.

Gov­ern­ing Law

This Agree­ment and the rights of the par­ties here­un­der shall be gov­erned by and con­strued in accor­dance with the laws of the State of Texas, United States, exclu­sive of con­flict or choice of law rules.

The par­ties acknowl­edge that this Agree­ment evi­dences a trans­ac­tion involv­ing inter­state com­merce. Notwith­stand­ing the pro­vi­sion in the pre­ced­ing para­graph with respect to applic­a­ble sub­stan­tive law, any arbi­tra­tion con­ducted pur­suant to the terms of this Agree­ment shall be gov­erned by the Fed­eral Arbi­tra­tion Act (9 U.S.C., Secs. 1–16).

Arbi­tra­tion

Any con­tro­versy or claim aris­ing out of your use of the Ser­vice shall be set­tled by arbi­tra­tion admin­is­tered by the Amer­i­can Arbi­tra­tion Asso­ci­a­tion in accor­dance with its Com­mer­cial Arbi­tra­tion Rules, and judg­ment on the award ren­dered by the arbitrator(s) may be entered in any court hav­ing juris­dic­tion thereof.

Changes

We reserve the right, at our sole dis­cre­tion, to mod­ify or replace these Terms at any time. If a revi­sion is mate­r­ial we will try to pro­vide at least 30 day notice prior to any new terms tak­ing effect. What con­sti­tutes a mate­r­ial change will be deter­mined at our sole dis­cre­tion.