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Matago

Luxury massage services. Any place, your price!

Terms of Service

Matago Terms of Use Agreement

Last Updated: March 10, 2021

Welcome to Matago, a platform operated by Matago, LLC (“Matago,” “us,” and “we”)! Matago operates the online platform via Matago’s mobile application and website located at matago.us and matagomassage.com, which is designed to connect massage therapists with potential clients and to facilitate the booking of massage therapy services between Therapists and Clients.

 

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY.  THIS WEBSITE AND ANY OTHER WEBSITES OF MATAGO, ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY MATAGO.  THIS AGREEMENT GOVERNS THE USE OF THE WEBSITE AND APPLIES TO ALL USERS VISITING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE IN ANY WAY, COMPLETING THE REGISTRATION PROCESS AND/OR BROWSING THE WEBSITE OR DOWNLOADING MATAGO’S MOBILE APPLICATION (THE “APPLICATION”), INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND APPLICATION (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”),  YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF  THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THIS AGREEMENT.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE APP.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS APP, WEBSITE OR THE SERVICES.

PLEASE BE AWARE THAT SECTION 21 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. 

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE, APP AND/OR SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the terms of this Agreement are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  All Supplemental Terms are hereby incorporated into the Agreement by reference.

PLEASE NOTE THAT This agreement is subject to change by MATAGO in its sole discretion at any time.  When changes are made, Matago will make a new copy of this Agreement available at the Website and linked to within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application.  We will also update the “Last Updated” date at the top of this Agreement.  If we make any material changes, and you have registered with us to create an Account (as defined in Section 3.1 below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement.  Any changes to this Agreement will be effective immediately for new users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3.1 below).  Matago may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, the Application and/ or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services.  Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

  1. How the Matago Services Work. The Services may be used to facilitate the listing and booking of massage therapy appointments (“Appointments”) and/or the purchase of goods and products related to massage therapy services (“Products”). We make our Services available as an online platform or marketplace for users who list Appointments (“Therapists”) to connect with users who want to book Appointments (“Clients”) and make arrangements directly with each other.  Matago is not an owner or operator of properties where such Appointments may occur, including hotel rooms, motel rooms, or other lodgings or accommodations, nor is it a provider of properties or activities.  We do not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties or activities, or transportation or massage therapy services.  Our responsibilities are limited to facilitating the availability of the Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THERAPISTS AND CLIENTS CONNECTING AND BOOKING APPOINTMENTS DIRECTLY WITH EACH OTHER. MATAGO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY THERAPIST OR OTHER USER ACCOUNT PROFILES (“PROFILES”) AND THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY APPOINTMENTS. MATAGO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, APPOINTMENTS, AND PRODUCTS. ACCORDINGLY, ANY APPOINTMENTS OR PURCHASES ARE MADE AND ACCEPTED AT A USER’S OWN RISK.

As a Therapist on the Matago Properties, you acknowledge and agree that you and Matago are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Matago expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Matago; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Matago, and you undertake not to hold yourself out as an employee, agent or authorized representative of Matago.  Matago does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of any services as part of Appointments booked via the Services, and your acts or omissions thereof. You retain the sole right to determine when, where, and for how long you will utilize the Matago Properties, as defined below. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities.

  • 2. Use of the Services and Company Properties. The Application, the Software, the Website, the Services, and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) (collectively, the “Matago Properties”) are protected by copyright laws throughout the world.  Subject to the terms of this Agreement, Matago grants you a limited license to reproduce portions of Matago Properties for the sole purpose of using the Services for your personal or business purposes. Unless otherwise specified by Company in a separate license, your right to use any Matago Properties is subject to this Agreement.
    • 2.1 Application License. Subject to your compliance with this Agreement, Matago grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or business purposes.  Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
    • 2.2 Software. Use of any software and associated documentation, other than the Application, that is made available via the Website or the Services (“Software”) is governed by the terms of this Agreement. Subject to your compliance with this Agreement, Matago grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by this Agreement.
    • 2.3 Updates. Matago may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and related Services (“Updates”). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not want such Updates, your remedy is to deactivate your Account (defined below). If you do not deactivate your Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Matago Properties and you agree to promptly install any Updates Matago provides. Your continued use of the Matago Properties is your agreement to this Agreement with respect to the Matago Properties.
    • 2.4 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Matago Properties or any portion of Matago Properties, including the Website;  (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Matago Properties (including images, text, page layout or form) of Matago; (c) you shall not use any metatags or other “hidden text” using Matago’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Matago Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access Matago Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Matago Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Matago Properties. Any future release, update or other addition to Matago Properties shall be subject to this Agreement.  Matago, its suppliers and service providers reserve all rights not granted in this Agreement.  Any unauthorized use of Matago Properties terminates the licenses granted by Matago pursuant to this Agreement.
    • 2.5 Third-Party Materials. As a part of Matago Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for Matago to monitor such materials and that you access these materials at your own risk.
  • 3. Registration
    • 3.1 Registering Your Account. In order to access certain features of Company Properties, including to make a booking, you are required to become a Registered User.  For purposes of this Agreement, a “Registered User” is a user who has registered an account on the Website or Application(s) (“Account”).  Therapists will be required to submit verifiable identification and proof of certification or license for the services to be listed.
    • 3.2 Access Through a SNS. In addition to registering for an Account, in order to access certain features of the Company Properties, Clients may have the option to link your Account with one of your social networking accounts or other third party accounts, such as Facebook (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers.  By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any listing and other information, photographs, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Company Properties (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Company Properties via your Account.  You may also share Your Content obtained or accessed through the Services with such Third-Party Account. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the third-party website.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.
    • 3.3 Registration Data. In registering an Account through the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Matago Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.   You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Matago has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Matago has the right to suspend or terminate your Account and refuse any and all current or future use of Matago Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself, unless it is on behalf of a corporation or other business entity for which you are authorized to book services.  You agree that you shall not have more than one Account per platform at any given time.  Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use Matago Properties if you have been previously removed by Matago, or if you have been previously banned from any of Matago Properties. 
    • 3.4 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Matago Properties, including but not limited to, a mobile device that is suitable to connect with and use Matago Properties.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Matago Properties.  By providing your cellphone number and using the Services, you hereby affirmatively authorize us to use cellphone number for calls and texts in order to deliver and perform the Services. We will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply.  You may opt out of receiving text messages from us by emailing support@matago.us.
  • 4. Responsibility for Content
    • 4.1 Types of Content. You acknowledge that all Content is the sole responsibility of the party from whom such Content originated.  This means that you, and not Matago, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Matago Properties or data collected by or related to the Services and your use thereof (“Data”) (collectively, “Your Content”), and that you and other Users of Matago Properties, and not Matago, are similarly responsible for all Content they Make Available through Matago Properties (“User Content”). The use of Your Content, Data, and User Content by Matago will be subject to the terms of our Privacy Policy located at: https://www.matago.us/privacy-policy/.
    • 4.2 No Obligation to Pre-Screen Content. You acknowledge that Matago has no obligation to pre-screen Content (including, but not limited to, User Content), although Matago reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that Matago pre-screens, refuses or removes any Content, you acknowledge that Matago will do so for Matago’s benefit, not yours.  Without limiting the foregoing, Matago shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
    • 4.3 Storage. Unless expressly agreed to by Matago in writing elsewhere, Matago has no obligation to store any of Your Content that you Make Available on Matago Properties.  Matago has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Matago Properties.  Certain Services may enable you to specify the level at which such Services restrict access to Your Content.  You are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose, the system may default to its most permissive setting.  You agree that Matago retains the right to create reasonable limits on Company’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Matago in its sole discretion.
  • 5. Creating Profiles and Booking Appointments
    • 5.1 Creating a Therapist Profile. You must be a Registered User to create a Profile. To create a Profile, you will be asked a variety of questions about the services to be listed, including, but not limited to, the services being listed, the pricing, rules and financial terms. Documents required to establish your profile include valid government identification (driver’s license, non-driver ID card, or passport), and valid massage therapist state license/certificate.  Profiles will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of listings in search results may depend on a variety of factors, including, but not limited to, user preferences, ratings and/or ease of booking.
    • 5.2 Creating a Client Profile. To use the Site/App/Services, you must create become a Registered User by creating a Profile. In order to create a Profile, you must provide your legal name, valid government-issued identification (driver’s license, non-driver ID card, passport, etc.), picture, and form of payment.
    • 5.3 Booking an Appointment. All users may browse available Therapist Profiles, but only Registered Users will be able to book an Appointment or purchase a Product via the Website, Application and Services. Client will book Appointments based upon the information provided in a Profile, the Client requirements, and the Client’s search parameters and preferences. As a Therapist, you understand and agree that once a Client requests an Appointment, you may not request the Client to pay a higher price than listed in the booking request.
    • 5.4 Rules Regarding Therapist Profiles. You acknowledge and agree that as a Therapist, you alone are responsible for any and all Content you post. Accordingly, you represent and warrant that any information you post and the booking of an Appointment, or participation in an Appointment (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, rules, and regulations, tax requirements, intellectual property laws, and rules and regulations that may apply to any Appointment, and any services included in a listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. If at any point your license becomes suspended, you must notify Matago in writing by emailing support@matago.us and discontinue use of the Services. Please note that Matago assumes no responsibility for a Therapist’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Matago reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including Profiles that we, in our sole discretion, consider to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Website, Application or Services or other users.
    • 5.5 Agreements between Clients and Therapists. If you are a Therapist, you understand and agree that Matago does not act as an insurer or as your contracting agent. If a Client requests or books an Appointment, you as a Therapist agree that any agreement you enter into with such Client is between you and the Client and Matago is not a party to it. You as a User must also agree that any agreement you enter into with a Therapist is between you and the Therapist and Matago is not a party to that agreement.
  • 6. Ownership
    • 6.1 Matago Properties. Except with respect to Your Content and User Content, you agree that Matago and its suppliers own all rights, title and interest in Matago Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Matago Properties.
    • 6.2 Trademarks. “MATAGO” and other related graphics, logos, service marks and trade names used on or in connection with Matago Properties or in connection with the Services are the trademarks of Matago and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Matago Properties are the property of their respective owners.
    • 6.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Matago Properties.  Matago prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Services, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates in the Services.
    • 6.4 Your Content. Matago does not claim ownership of Your Content.  However, when you as a user post or publish Your Content on or in Matago Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. Subject to any applicable account settings that you select, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Matago Properties to you and to our other Users.  Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Matago Properties.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not Matago, are responsible for all of Your Content that you Make Available on or in Matago Properties.
    • 6.5 Account. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on Matago Properties, you acknowledge and agree that you will have no ownership or other property interest in your Account, and your further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Matago.
    • 6.6 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Matago through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Matago has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Matago a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Matago Properties.
  • 7. User Conduct
    • 7.1 General. In connection with your use of Matago Properties, you shall not:
      • (a) Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
      • (b) Harm minors in any way;
      • (c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      • (d) Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
      • (e) Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
      • (f) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
      • (g) Stalk or otherwise harass any other user of our Matago Properties; or
      • (h) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
    • 7.2 Ratings and Reviews. The Services allow users to rate Therapists and Clients (collectively, “Reviews”), and you are solely responsible for any content, opinion, statement, recommendation contained therein. Reviews posted on our Services are User Content that is not endorsed by Matago and does not represent the views of Matago. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. Matago shall have the right, but not the obligation to monitor or review any Reviews at any time. Matago reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that Matago is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. Matago does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable Therapist or Client; (ii) you will not provide a rating or review for any Client or Therapist with respect to which you have an employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with the terms of this Agreement. If Matago determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
  • 8. Investigations. Matago may, but is not obligated to, monitor or review Matago Properties and Content at any time.  Without limiting the foregoing, Matago shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates this Agreement or any applicable law.  Although Matago does not generally monitor user activity occurring in connection with Matago Properties or Content, if Matago becomes aware of any possible violations by you of any provision of this Agreement, Matago reserves the right to investigate such violations, and Matago may, at its sole discretion, immediately terminate your license to use Matago Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
  • 9. Interactions with Other Users. You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that Matago reserves the right, but has no obligation, to intercede in such disputes. You agree that Matago will not be responsible for any liability incurred as the result of such interactions. YOU UNDERSTAND THAT MATAGO DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. MATAGO ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS REGISTERED USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS REGISTERED USERS. MATAGO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE REGISTERED USERS.  MATAGO RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
    • 9.1 Content Provided by Other Users. Matago Properties may contain User Content provided by other users, including Profiles.  Matago is not responsible for and does not control User Content.  Matago has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content.  You use all User Content and interact with other Users at your own risk.
    • 9.2 Third-Party Websites, Applications & Ads. Matago Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Matago Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Matago.  Matago is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads.  Matago provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, this Agreement, and our terms and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
    • 9.3 App Store. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”).  You acknowledge that this Agreement is between you and Matago and not with the App Store.  Matago, not the App Store, is solely responsible for Matago Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with Matago Properties, including the Application.  You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Matago Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.
  • 10. Fees and Purchase Terms
    • 10.1 Payment Terms for Therapists. If you are a Therapist and an Appointment is booked via the Services, you will be required to either preapprove, confirm or reject the booking request. If you are unable to confirm or decide to reject a booking request, any amounts collected by us for the requested booking will be refunded to the applicable Client. When you confirm a booking requested by a Client, we will send you a message confirming such booking, depending on the selections you make via the Services. For all Appointments completed through the Matago Services, you will retain the full amount that you established for the Appointment (“Treatment Fee”).  All promotional and processing fees are added to the amount paid by the client. If a Client cancels an Appointment confirmed by you and a Cancellation Fee is charged in accordance with the cancellation policy outlined in section 10.4 below, we will provide you with $20 for the cancelled appointment (“Cancellation Compensation”). We will collect the Treatment Fee and the applicable client fees from Clients at the time of the Appointment request. At the Client’s election, we will collect gratuity for Therapists in an amount selected by the Client upon completion of the Appointment. Matago will initiate payment to the Therapist of the Treatment Fees, any applicable Cancellation Compensation, and any applicable gratuity (minus credit card transaction fees) forty-eight (48)  hours after the completion of the Appointment or cancelled Appointment.
    • 10.2 Payment Terms for Clients. The Therapists, not Matago, are solely responsible for honoring any confirmed bookings and making available any Appointments reserved through the Services. If you, as a Client, choose to enter into a transaction with a Therapist for the booking of an Appointment, you agree and understand that you will be required to enter into an agreement with the Therapist and you agree to accept any terms, conditions, rules and restrictions associated with such Appointment imposed by the Therapist.  You acknowledge and agree that you, and not Matago, will be responsible for performing the obligations of any such agreements, that Matago is not a party to such agreements, and that, with the exception of Matago’s payment obligations hereunder, Matago disclaims all liability arising from or related to any such agreements.  The total fees payable will be displayed to a Client before the Client books an Appointment with a Therapist. As noted above, the Therapist is required to either preapprove, confirm or reject the booking request. Upon receipt of your Appointment request, Matago may initiate a pre-authorization and/or charge a nominal amount to your Payment Method. If a requested booking is cancelled (i.e. not confirmed by the applicable Therapist), any amounts collected by us will be refunded to such Client, depending on the selections the Client makes via the Services, and any pre-authorization of such Client’s Payment Method will be released, if applicable. You may elect to add gratuity for your Therapist in any amount to be paid through the App. You as a Client agree to pay the total fees and any gratuity selected to be paid through the App for any Appointment requested, and in most cases confirmed, in connection with your Account. You as a Client will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Matago from any and all taxes, including sales tax, based on any payments made by you via the Services. Matago does not make any representation or render any advice as to the potential tax implications of any payments made via the Services, or booking or sale, and you should consult your tax professional with regards to the same.
    • 10.3 CANCELLATION POLICY:  Clients will receive a full refund if Client cancels the Appointment prior to four (4) hours in advance of the Appointment time. If Client cancels the Appointment within four (4) hours of the Appointment time, a $40 cancellation fee (“Cancellation Fee”) will be charged to the Client. This amount will be deducted from the Client refund if the amount charged for the massage was greater than $40 or an additional fee will be charged if the amount charged was less than $40. Appointments canceled by the Client within one (1) hour of the appointment, including client no-shows, will result in the full amount of the service charged to the Client. Following any cancellation, if Client is entitled to a refund, Matago will refund the Payment Method used to book the Appointment within seven (7) to ten (10) business days. If the Therapist cancels the appointment at any time, the Client will receive a full refund.
    • 10.4 Third Party Payment Provider.  Matago uses Stripe, Inc. (“Stripe”) as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services).  By buying or selling on the Matago Properties, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/us/privacy, and hereby consent and authorize Matago and Stripe to share any information and payment instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your transactions.  By listing or selling item on the Matago Properties, you also agree to be bound by Stripe’s Service Agreement: https://stripe.com/us/legal.
    • 10.5 Payment Information. All information that you provide to us or to Stripe must be accurate, current, and complete. By listing any services, you authorize Matago to charge your payment card (“Payment Method”) in accordance with Section 10. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD USED TO PAY ANY FEES. You agree to pay all charges incurred by you or any users of your member Account and Payment Method. With respect to any Appointment booked through the Matago Properties, you are eligible to receive a refund based on the cancellation policy.
  • 11. Purchasing Products
    • 11.1 Buying.If you agree to purchase a Product through the Services and confirm the transaction, you are obligated to complete the transaction in accordance with the terms and conditions specified (e.g., with respect to the listing price), unless the transaction is prohibited by law or this Agreement, subject to the return procedure described below.
    • 11.2 Returns.We do not currently allow returns of items, but we do strive to make our customers happy. If the item you receive is damaged, the wrong item or not as described, or if any items are missing, then you must report the issue to us within five (5) days after delivery of the purchased item at support@matago.us.
  • 12. Therapist Conditions. When creating a Profile, you agree to comply with our rules for listing and that:
    • 12.1 You are responsible for the accuracy and content of the listing and services offered.
    • 12.2 ONCE A MASSAGE HAS BEEN BOOKED WITH A CLIENT USING THE MATAGO SERVICES, YOU MAY NOT SOLICIT THAT CLIENT AT ANY TIME FOR MASSAGE THERAPY SERVICES WITHOUT USING THE MATAGO SERVICES.
    • 12.3 Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances).
    • 12.4 We strive to create a marketplace where Clients can find what they are looking for. Therefore, the appearance or placement of a Therapist Profile in search and browse results will depend on a variety of factors, including, but not limited to:
      • (a) Client’s location, search query, browsing sites, and history;
      • (b) Location of Appointment, listing format, price, terms of service, end time, history, and relevance to the user query.
      • (c) Therapist’s history, Therapist’s Reviews, rating and feedback; and
      • (d) Number of Therapist Profiles matching the Client’s query. To drive a positive user experience, a Profile may not appear in some search and browse results regardless of the sort order chosen by the Client.
  • 13. Client Conditions. When booking an Appointment, you agree to the rules for Clients and that:
    • 13.1 You are responsible for reading the full Appointment summary before making commitment to book such Appointment.
    • 13.2 You enter into a legally binding contract to purchase an item when you commit to buy a Product.
  • 14. Affiliate Program. Any Registered User (Therapists or Clients) may opt-in to Matago’s Affiliate Program on the Application. Registered affiliates will be assigned a unique code to share with others in order to earn a commission -$5 the for the first massage completed and paid for by an end-user utilizing the code at the time of booking, and $2 for each subsequent massage completed by the same end-user during a one-year period. The end-user will receive $10 off their first massage. There is no limit on how many times the code can be used by unique end-users. Commissions will be paid on a monthly basis. A w9 is required to be on file with Matago in order for Matago to submit payment to a affiliate. Matago reserves the right to change, alter or discontinue this Affiliate Program at any time. If the program is changed, commissions earned will be paid out at the rate in existence at the time the commission was earned.
  • 15. Indemnification. You agree to indemnify and hold Matago, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Matago Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Matago Properties; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any users; (e) your interactions with other users; and (f) your violation of any applicable laws, rules or regulations.  Matago reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Matago in asserting any available defenses.  This provision does not require you to indemnify any of the Matago Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to Matago Properties.
  • 16. Disclaimer of Warranties and Conditions
    • 16.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF MATAGO PROPERTIES IS AT YOUR SOLE RISK, AND MATAGO PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. MATAGO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
      • (a) MATAGO MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) MATAGO PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF MATAGO PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF MATAGO PROPERTIES WILL BE ACCURATE OR RELIABLE.
      • (b) ANY APPOINTMENT BOOKED THROUGH THE SERVICES, OR PRODUCT PURCHASED OR ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH MATAGO PROPERTIES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS MATAGO PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
      • (c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
      • (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MATAGO OR THROUGH MATAGO PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
      • (e) FROM TIME TO TIME, MATAGO MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
    • 16.2 Medical Disclaimers. MATAGO DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. THE SERVICES, OR ANY APPOINTMENTS MADE AVAILABLE THROUGH THE SERVICES, ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, AND BEFORE BOOKING AN APPOINTMENT.  USE YOUR OWN JUDGMENT IN DETERMINING HOW TO FOLLOW ANY ADVICE OBTAINED FROM THERAPISTS, WHO MAY NOT BE LICENSED HEALTH CARE PROFESSIONALS. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE MATAGO PROPERTIES OR FROM ANY THERAPIST ON THE MATAGO PROPERTIES.  CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
    • 16.3 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT MATAGO PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD MATAGO LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. MATAGO MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  MATAGO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH COMPANY PROPERTIES.
    • 16.4 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF MATAGO PROPERTIES. YOU UNDERSTAND THAT MATAGO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF MATAGO PROPERTIES. FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SERVICES, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE PRODUCTS OR SERVICES OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICES. 
  • 17. Limitations of the Services. The Matago Services will not be accessible without: (a) a working Wi-Fi network and/or Bluetooth connection in your home that is positioned to communicate reliably with the Services; (b) an account; (c) a computer, smartphone or tablet; and (d) other system elements that may be specified by Matago. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the availability of the Matago Services is dependent on (i) your computer, mobile device, home Wi-Fi network and/or Bluetooth connection, and other related equipment, (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Matago Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.
  • 18. Third Party Sites; Release
    • 18.1 Third Party Sites. The Matago Properties may contain links to other websites operated by third parties (“Third Party Sites”). Such Third Party Sites are not under our control. Matago provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites. Your use of these Third Party Sites is at your own risk.
    • 18.2 Release. You hereby release Matago and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Matago Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of Matago Properties.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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 affected his settlement with the debtor.”
  • 19. Limitation of Liability
    • 19.1 Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MATAGO BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH MATAGO PROPERTIES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH MATAGO PROPERTIES, WHETHER OR NOT MATAGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE MATAGO PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MATAGO PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO MATAGO PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
    • 19.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL MATAGO PARTIES BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO Company by you during the one-month period prior to the act, omission or occurrence giving rise to such liability. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • 19.3 User Content. EXCEPT FOR MATAGO’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE COMPANY’S PRIVACY POLICY, MATAGO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
    • 19.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
  • 20. Termination.
    • 20.1 Deactivation of Account. This Agreement will remain in full force and effect until your Account is deactivated as provided herein. You may deactivate your Account at any time, for any reason by using the feature within the app or by emailing support@matago.us. Matago may deactivate your Account if (a) you are in breach of the Agreement; (b) if Matago decides in its sole discretion to stop providing the applicable Services; or (c) for any or no reason, without giving you notice. You understand that any termination of this Agreement and your Account may involve deactivation of your Account information from our live databases and all the information stored for such Account. Matago will not have any liability whatsoever to you for any deactivation of your Account or related deletion of your information.
    • 20.2 Effect of Deactivation. Deactivation of any Service includes removal of access to such Service and barring of further use of the Service.  Deactivation of all Services also includes deletion of your password and may include deletion of all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content, subject to the terms of our privacy policy.  Upon deactivation of any Service, your right to use such Service will automatically terminate immediately. You understand that any deactivation of Services may involve deletion of Your Content associated therewith from our live databases. All provisions of this Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  • 21. International Users. Matago Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that Matago intends to announce such Services or Content in your country.  Matago Properties are controlled and offered by Matago from its facilities in the United States of America. Matago makes no representations that Matago Properties are appropriate or available for use in other locations.  Those who access or use Matago Properties from other countries do so at their own volition and are responsible for compliance with local law.
  • 22. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with Matago and limits the manner in which you can seek relief from us. 
    • 22.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Matago, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Matago may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

IF YOU AGREE TO ARBITRATION WITH MATAGO, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF.  INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING.  IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

  • 22.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Matago, 319 Clematis St, West Palm Beach, FL Ste. 812.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.   Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you.  In addition, Matago will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  Likewise, Matago will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  • 22.3 Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and Matago.   The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.
  • 22.4 Waiver of Jury Trial. YOU AND MATAGO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and Matago are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 21.1 above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.   However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  • 22.5 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 22.6.
  • 22.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Matago LLC, 319 Clematis Street, Suite 408, West Palm Beach, FL 33401, Attn: Customer Service, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Matago username (if any), the email address you used to set up your Matago account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  • 22.7 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  • 22.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Matago.
  • Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Matago makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Matago.
  • 23. General Provisions.
    • 23.1 Electronic Communications. The communications between you and Matago use electronic means, whether you visit Matago Properties or send Matago e-mails, or whether Matago posts notices on Matago Properties or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from Matago in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Matago provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
    • 23.2 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Matago’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    • 23.3 Force Majeure. Matago shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    • 23.4 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Matago Properties, please contact us at: support@matago.us.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    • 23.5 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Matago agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Palm Beach County, Florida.
    • 23.6 Governing Law. ThIS AGREEMENT and any action related thereto will be governed and interpreted by and under the laws of the State of FLORIDA, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
    • 23.7 Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
    • 23.8 Notice. Where Matago requires that you provide an e-mail address, you are responsible for providing Matago with your most current e-mail address.  In the event that the last e-mail address you provided to Matago is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Matago’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to Matago at the following address: Matago LLC, 319 Clematis Street, Suite 408, West Palm Beach, FL 33401.  Such notice shall be deemed given when received by Matago by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
    • 23.9 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • 23.10 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    • 23.11 Export Control. You may not use, export, import, or transfer Matago Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Matago Properties, and any other applicable laws.  In particular, but without limitation, Matago Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Matago Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Matago Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by Matago are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Matago products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
    • 23.12 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    • Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.