Tamalpais Matrix Systems, LLC
Terms of Service
Last updated March 1, 2020
Acceptance of Terms
The TAMALPAIS MATRIX SYSTEMS, LLC Site is owned by TAMALPAIS MATRIX SYSTEMS, LLC, a California limited liability company (“TAMALPAIS MATRIX SYSTEMS, LLC,” “we,” or “us”) and is a located in California and Chicago, and at www.csqscales.com (the “TAMALPAIS MATRIX SYSTEMS, LLC web site” or “Site”).
1. Who May Use the TAMALPAIS MATRIX SYSTEMS, LLC Site
Age Requirement. You must be at least 18 years old or an emancipated minor (such as a college student) to use the Site.
Notice to Parents and Guardians. You are responsible for monitoring and supervising your child’s use of the TAMALPAIS MATRIX SYSTEMS, LLC Site. If your child is using the Site without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about TAMALPAIS MATRIX SYSTEMS, LLC, please contact us at INFO@TamMatrixdotcom.
2. General Disclaimers
Site “As Is”. TAMALPAIS MATRIX SYSTEMS, LLC provides the TAMALPAIS MATRIX SYSTEMS, LLC Site on an “as is” and “as available” basis. You therefore use the Site at your own risk. TAMALPAIS MATRIX SYSTEMS, LLC expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. TAMALPAIS MATRIX SYSTEMS, LLC has no obligation to screen or monitor any content and does not guarantee that any content made available on the TAMALPAIS MATRIX SYSTEMS, LLC Site complies with this Agreement or is suitable for all users.
TAMALPAIS MATRIX SYSTEMS, LLC shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
Your Responsibility. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the TAMALPAIS MATRIX SYSTEMS, LLC Site. To the extent that a secondary party may have access to or view TAMALPAIS MATRIX SYSTEMS, LLC content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
3. Limitation of Liability
General Limitation. To the fullest extent permitted by law: (i) in no event shall TAMALPAIS MATRIX SYSTEMS, LLC, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) TAMALPAIS MATRIX SYSTEMS, LLC, and its affiliates’ total liability to you shall not exceed the amounts paid by you to TAMALPAIS MATRIX SYSTEMS, LLC over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SITE.
TAMALPAIS MATRIX SYSTEMS, LLC Resources. The resource materials provided on the TAMALPAIS MATRIX SYSTEMS, LLC Site are intended as general educational information. TAMALPAIS MATRIX SYSTEMS, LLC DOES NOT REPRESENT IN ANY WAY THAT ANY ADVICE PROVIDED IN RESOURCE MATERIALS CONSTITUTES QUALIFIED EXPERT ADVICE.
Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Consent to Email. When you make an online purchase and pay by credit card or “PayPal” your email address will be required. You agree and consent to receive email messages and newsletters from us with the option to unsubscribe at anytime. These emails may be transactional or relationship communications relating to the Site, such as administrative notices and Site announcements or changes, or emails containing newsletters, promotions or special offers from us or third-party partners.
5. Fees and Availability
Current fees for products are described on the Site. We may change pricing at any time and in our sole discretion. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. To take advantage of such promotions and/or discounts, you agree to comply with any terms, conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. We reserve the right to change or discontinue any product or service at any time and without notice. We further reserve the right, in our sole discretion, to cancel any order, limit any purchase, or refuse an order or request for any or no reason.
6. License Agreement
The specifics of your agreement to license our products is set forth in our License Agreement , which forms a part of this Agreement and agreement is required as a component of the purchase process. You will be required to review and sign the License Agreement prior to purchase.
You agree to indemnify, defend, and hold harmless TAMALPAIS MATRIX SYSTEMS, LLC and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the TAMALPAIS MATRIX SYSTEMS, LLC Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to TAMALPAIS MATRIX SYSTEMS, LLC violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. TAMALPAIS MATRIX SYSTEMS, LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TAMALPAIS MATRIX SYSTEMS, LLC in connection therewith.
8. License to Use the TAMALPAIS MATRIX SYSTEMS, LLC Site
License. TAMALPAIS MATRIX SYSTEMS, LLC grants you a limited, non-exclusive license to access and use the TAMALPAIS MATRIX SYSTEMS, LLC Site and Services for your own personal, non-commercial purposes. This includes the right to view content available on the Site. This license is personal to you and may not be assigned or sublicensed to anyone else.
Restrictions. Except as expressly permitted by TAMALPAIS MATRIX SYSTEMS, LLC in writing, you are not authorized to reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site. In addition, you agree you will not take any measures to interfere with or damage the Site. All rights not expressly granted by TAMALPAIS MATRIX SYSTEMS, LLC are reserved.
Mobile Devices and External Devices. These Terms of Site, and all the provisions herein, also govern the use of our mobile, desktop and set-top devices. Your use of the Site through any applications or device constitutes your agreement to be bound by these Terms.
9. Third Party Links and Content
Linked Sites. Certain links on the TAMALPAIS MATRIX SYSTEMS, LLC Site may let you leave the Site to access a linked site (the “Linked Sites”). When you are linking to a third-party site, it is important to know that TAMALPAIS MATRIX SYSTEMS, LLC does not control these sites, nor has TAMALPAIS MATRIX SYSTEMS, LLC reviewed or approved the content which appears on the linked sites. TAMALPAIS MATRIX SYSTEMS, LLC is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that TAMALPAIS MATRIX SYSTEMS, 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 the use of any of the links, content, goods or Sites available on or through the linked sites.
Dealings with Third Parties. More specifically, your participation, correspondence or business dealings with any third party found on or through the TAMALPAIS MATRIX SYSTEMS, LLC Sites (i.e., a linked site), regarding payment and delivery of specific goods and Sites, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that TAMALPAIS MATRIX SYSTEMS, LLC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
10. Intellectual Property
You acknowledge that the TAMALPAIS MATRIX SYSTEMS, LLC Site contains software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All TAMALPAIS MATRIX SYSTEMS, LLC-generated Content and Content developed for TAMALPAIS MATRIX SYSTEMS, LLC by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, TAMALPAIS MATRIX SYSTEMS, LLC owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the TAMALPAIS MATRIX SYSTEMS, LLC Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Sites, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and comply with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The TAMALPAIS MATRIX SYSTEMS, LLC name, logos and affiliated applications and technologies are the exclusive property of TAMALPAIS MATRIX SYSTEMS, LLC. All other trademarks appearing on the Sites are trademarks of their respective owners. Our partners or Site providers may also have additional proprietary rights in the content that they make available through the Sites. The trade names, trademarks and Site marks owned by us, whether registered or unregistered, may not be used in connection with any product or Site that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or Site marks without our express prior written consent.
TAMALPAIS MATRIX SYSTEMS, LLC owns and retains all proprietary rights in the Site, and in all content, trademarks, trade names, Site marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, Site marks, or other intellectual property or proprietary information accessible on the Site or through the Site, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
As between you and TAMALPAIS MATRIX SYSTEMS, LLC, you own all content that you submit to TAMALPAIS MATRIX SYSTEMS, LLC, whether directly via the Site or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to TAMALPAIS MATRIX SYSTEMS, LLC, you are granting TAMALPAIS MATRIX SYSTEMS, LLC and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the Site or Social Media permission to view your content for their personal, non-commercial purposes. If you make suggestions to TAMALPAIS MATRIX SYSTEMS, LLC on improving or adding new features to the Site or Social Media content, TAMALPAIS MATRIX SYSTEMS, LLC shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to TAMALPAIS MATRIX SYSTEMS, LLC and grant the licenses set forth above; (ii) TAMALPAIS MATRIX SYSTEMS, LLC will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
12. Code of Conduct; Content Restrictions; and Prohibited Activities
Code of Conduct. In using the TAMALPAIS MATRIX SYSTEMS, LLC Site or Social Media, you must behave in a civil and respectful manner always. TAMALPAIS MATRIX SYSTEMS, LLC reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms. Your use of the Site must comply with all applicable laws and regulations.
Content Restrictions. You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that infringes any third party’s copyrights or other rights; contains sexually explicit content or pornography; contains hateful, defamatory, or discriminatory content; harasses or intimidates another; exploits minors; depicts unlawful acts or violence; contains video, audio photographs, or images of another person without his/her permission; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; contains deceptive or false information; contains “spam”.
Prohibited Activities. In addition, it is strictly prohibited to “frame” or “mirror” any part of the Site; use meta tags or code or other devices containing any reference to Tamalpais Matrix Systems, LLC, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other website for any purpose; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software or materials used on or for the Service or the Site, or cause others to do so; post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the Site other than solely in connection with your use of the Site in accordance with this Agreement; collect information about others; advertise or solicit others to purchase any product or service within the Site; promote fraudulent schemes; Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or participate in any activity that in any way violates any law.
Our Right to Monitor and Remove Content. TAMALPAIS MATRIX SYSTEMS, LLC has the right, but not the obligation, to monitor all conduct on and content submitted to the TAMALPAIS MATRIX SYSTEMS, LLC Service. TAMALPAIS MATRIX SYSTEMS, LLC reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
TAMALPAIS MATRIX SYSTEMS, LLC reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site and terminating or suspending the account of such violators. You agree that TAMALPAIS MATRIX SYSTEMS, LLC may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of our Company or any other person.
13. Copyright / DMCA Policy
TAMALPAIS MATRIX SYSTEMS, LLC respects the intellectual property of others, and we ask our users to do the same. TAMALPAIS MATRIX SYSTEMS, LLC will promptly remove materials from the TAMALPAIS MATRIX SYSTEMS, LLC Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. TAMALPAIS MATRIX SYSTEMS, LLC will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact our Copyright Agent as follows:
14. General Provisions
Dispute Resolution, Arbitration and Governing Law. Except where prohibited, any dispute, claim, or controversy arising out of or relating to this Agreement, the Site, or the Site shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. Judgment upon the award rendered in arbitration shall be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover attorney fees and costs in connection with the action. You may not under any circumstances commence or maintain against TAMALPAIS MATRIX SYSTEMS, LLC or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Site in any manner, except where prohibited, you agree to the above mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and TAMALPAIS MATRIX SYSTEMS, LLC or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this arbitration agreement is for any reason held to be unenforceable, any litigation against TAMALPAIS MATRIX SYSTEMS, LLC may be commenced only in the federal or state courts located in Durango, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and TAMALPAIS MATRIX SYSTEMS, LLC, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.
Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by TAMALPAIS MATRIX SYSTEMS, LLC in exercising any right hereunder will waive any further exercise of that right. TAMALPAIS MATRIX SYSTEMS, LLC rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third-Party Beneficiaries. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without TAMALPAIS MATRIX SYSTEMS, LLC prior written consent. No third party shall have any rights hereunder.
Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from TAMALPAIS MATRIX SYSTEMS, LLC electronically. TAMALPAIS MATRIX SYSTEMS, LLC may provide all such communications by email or by posting them on the TAMALPAIS MATRIX SYSTEMS, LLC Site. For support-related inquiries, you may send an email to INFOatTamMatrixdotcom.
Nothing herein shall limit TAMALPAIS MATRIX SYSTEMS, LLC right to object to subpoenas, claims, or other demands.
Modification. This Site Agreement may not be modified except by a revised Terms of Service posted by TAMALPAIS MATRIX SYSTEMS, LLC on the Site or a written amendment signed by an authorized representative of TAMALPAIS MATRIX SYSTEMS, LLC. A revised Terms of Service will be effective as of the date it is posted on the TAMALPAIS MATRIX SYSTEMS, LLC Site.
This Agreement constitutes the entire understanding between TAMALPAIS MATRIX SYSTEMS, LLC and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.