Last Updated: May 3rd, 2017
These Terms of Service of MATTE Projects LLC, a New York limited liability company (“MATTE Projects”, “we,” “our” or “us”) were most recently updated on April 17, 2017.
These Terms of Service govern all use of the website located at www.matteprojects.com (the “Website”) and the services, content, applications or other functionality offered by MATTE Projects (collectively with the Website and the Website Offerings (the “Service”). Each end-user visitor to the Website (“User,” “you” or “your”) agrees to these MATTE Projects Terms of Service (“Terms of Service”), in their entirety, when she/he: (a) accesses or uses the Website; (b) accesses and/or views any of the posts, text, video and/or other information pertaining to the films and other projects shared, posted and/or discussed on the Website (the “Content”); (c) accesses any interactive features made available on the Website (“Interactive Services”); (d) accesses links to social media pages/accounts on, or otherwise links to or interacts with, third party social media mobile applications or websites, such as Facebook®, Instagram® and Vimeo® (collectively, “Social Media Pages”); and/or (d) utilizes the various registration forms and/or contact information made available on the Website as a means to register for the Website or contact directly, or request to be contacted by, MATTE Projects (collectively, the “Contact and Registration Services,” and together with the Website, Content, Interactive Services and Social Media Pages, the “Website Offerings”).
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Reliance on any information made available to you by and through the Website Offerings, including the Content, is solely at your own risk. MATTE Projects disclaims any and all liability for any damage or injury based on Content or other information directly or indirectly obtained through the Website Offerings.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Instagram® is a registered trademark of Facebook (“Instagram”). Vimeo® is a registered trademark of Vimeo, Inc. (“Vimeo”). Please be advised that MATTE Projects is not in any way affiliated with Facebook, Instagram or Vimeo, and the Website Offerings are not endorsed, administered or sponsored by Facebook, Instagram or Vimeo.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and MATTE Projects with respect to Users’ use of the Website Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. MATTE Projects may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be available through the Website, and Users should review the Agreement prior to using any Website Offerings. By a User’s continued use of the Website Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
2. Requirements; Termination of Access to the Website Offerings. The Website Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Website Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Website Offerings. MATTE Projects may terminate a User’s access to the Website Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where MATTE Projects believes that such User is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Website Offerings. Use of the Service is void where prohibited by law.
(a) The Website contains Content which includes, but is not limited to, text, video and other information pertaining to films and projects of MATTE Projects and other subject matters. All content of the Website, including, without limitation, comments, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof (collectively the “Website Content”) are the property of MATTE Projects and/or its partners and are protected, without limitation, by copyright, trademark and patent laws and common law. For purposes of these Terms of Service, the use of any Website Content on any other mobile application, website or networked computer environment is prohibited. For the avoidance of doubt, the foregoing will not prohibit integration of Website Content with third party sites or services when such integration is provided as a feature of the Website Offerings. You are hereby granted a limited, non-exclusive, non-transferable license to display the Website Content for non-commercial purposes only on your own devices. Any other use of the Website Content is expressly prohibited. You may not make any modifications to any Website Content.
(c) You are solely responsible for the messages, notes, text, information, postings and other content that you upload, publish or display (hereinafter, “post”) through the Service, or transmit to or share with other users (collectively the “Member Content”). You may not post, transmit, or share Member Content on the Service that you did not create or that you do not have permission to post. You understand and agree that MATTE Projects may, but is not obligated to, review your Member Content and may delete or remove (without notice) any Member Content in its sole discretion, for any reason or no reason, including Member Content that in the sole judgment of MATTE Projects violates these Terms of Service. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Content you post or store on the Service. When you post Member Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such Member Content, which may include MATTE Projects re-posting Member Content from time to time. By posting Member Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to MATTE Projects an irrevocable, perpetual, non-exclusive, transferable, fully paid, sub-licensable worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Member Content. You may remove your Member Content from the Service at any time. When information or your account is deleted, it will be promptly removed from the active Website, although your information may remain on backup media. You acknowledge that MATTE Projects may retain archived copies of your Member Content. MATTE Projects does not assert any ownership over your Member Content; rather, as between us and you, the Member Content remains subject to the rights granted to us in these Terms of Service.
5. Interactions. Users are solely responsible for their interactions with other Users and third parties. Because MATTE Projects is not involved in User interactions, except as set forth in these Terms of Service, in the event that you have a dispute with one or more User and/or other third-parties, you hereby release MATTE Projects from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
6. Interactive Services.
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow Users to post Member Content, and otherwise engage in other interactive communication, by and through the Website Offerings. In connection with the Interactive Services, each User shall be solely responsible for the Member Content, comments, opinions, statements, offers, propositions, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. MATTE Projects reserves the right to prohibit any conduct by Users, or to remove any materials or Feedback posted by Users by and through the Interactive Services, that MATTE Projects deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which MATTE Projects believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose MATTE Projects to harm, damage to reputation or liability. Notwithstanding the foregoing, MATTE Projects undertakes no responsibility to monitor or otherwise police the actions of Users, Feedback and/or other material posted by Users and/or other third parties. MATTE Projects shall have no obligation and incur no liability to such Users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations.
(b) In connection with your use of the Interactive Services and the other Website Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other Users; (vii) transmit any chain letters, spam or junk e-mail to other Users; (viii) express or imply that any statements that you make are endorsed by MATTE Projects, without MATTE Projects’ specific prior written consent; (ix) harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website Offerings; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Website; (xiii) interfere with or disrupt the Website and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) “frame” or “mirror” any part of the Website without MATTE Projects’ prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Website Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website Offerings or any software used in or in connection with Website Offerings. MATTE Projects reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
7. Third Party Websites, Mobile Applications and Social Media Pages. The Website Offerings may contain links to other websites, Social Media Pages and mobile applications on the Internet (“Third-Party Sites”) that are owned and operated by third parties, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third-Party Materials”). The Third-Party Sites are hosted and made available on third-party websites by third-party entities. You understand and agree that MATTE Projects shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Third-Party Sites. The Third-Party Materials are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Website or any Third-Party Materials posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Materials. The inclusion of any link does not imply endorsement by MATTE Projects of the applicable Third-Party Site or any association with the Third-Party Site’s operators. Because MATTE Projects has no control over such Third-Party Sites and/or resources, each User agrees that MATTE Projects is not responsible or liable for the availability or the operation of such external Third-Party Sites, for any material located on or available from or through any such Third-Party Sites or for the protection of any User’s data privacy by third parties. Each User further agrees that MATTE Projects shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such Third-Party Site. If you decide to leave the Website and access the Third-Party Sites or to use or install any Third-Party Materials, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Website or relating to any applications you use or install from the Website.
8. Representations and Warranties. Each User hereby represents and warrants to MATTE Projects as follows: (a) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; and (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Service and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement.
9. Indemnification. Each User agrees to indemnify, defend and hold MATTE Projects, its shareholders, members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any other User and/or third party; (b) User’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) User’s improper and/or unauthorized use of the Website. The provisions of this Section 9 are for the benefit of MATTE Projects, its owners, parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Service. MATTE Projects may terminate this license at any time for any reason. Unless otherwise expressly authorized by MATTE Projects, Users may only use the Service for their own personal, non-commercial use. No part of the Website Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Service except as expressly permitted by MATTE Projects. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Service, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the Service. No User or other third party may use the Service in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Service for any commercial purposes not expressly permitted by MATTE Projects. Each User further agrees to indemnify and hold MATTE Projects harmless for that User’s failure to comply with this Section 10. MATTE Projects reserves any rights not explicitly granted in the Agreement.
11. Proprietary Rights. The Website Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Service strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Service. The posting of information or material by and through the Service does not constitute a waiver of any right in or to such information and/or materials.
12. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Service is a violation of criminal and civil law and MATTE Projects will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Disclaimer of Warranties. THE WEBSITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MATTE PROJECTS MAKES NO WARRANTY THAT THE WEBSITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL BE AVAILABLE 24 HOURS A DAY 7 DAYS A WEEK; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE WEBSITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MATTE PROJECTS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM MATTE PROJECTS OR OTHERWISE THROUGH OR FROM THE WEBSITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT MATTE PROJECTS SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MATTE PROJECTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE WEBSITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTACT AND REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE WEBSITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES MATTE PROJECTS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF MATTE PROJECTS TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE WEBSITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR MATTE PROJECTS MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND MATTE PROJECTS. ACCESS TO THE WEBSITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS THE STATE OF NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY SET FORTH ABOVE AND IN SUCH JURISDICTIONS THE LIABILITY OF MATTE PROJECTS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Intellectual Property/Copyright Policy/DMCA Compliance.
(a) MATTE Projects and all of MATTE Projects’ graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks, servicemarks or trade dress of MATTE Projects in the United States and/or other countries and may not be used, including as part of trademarks, servicemarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated or used, in whole or in part, without MATTE Projects’ prior written permission.
(b) MATTE Projects reserves the right to terminate any User’s access to the Service where such User infringes upon third-party copyrights. If any User or other third party believes that a copyrighted work has been copied and/or posted via the Service in a way that constitutes copyright infringement, that party should provide MATTE Projects with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows:
176 Grand Street
New York, NY 10013
16. Editing, Deleting and Modification. MATTE Projects reserves the right in its sole discretion to edit and/or delete any documents, information, other Website Content, Member Content or any other Content appearing on the Website.
18. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Website Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against MATTE Projects and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that MATTE Projects incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Website.
19. Miscellaneous. To the extent that anything in or associated with the Service is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. MATTE Projects’ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. MATTE Projects may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
20. Contact Us. If you have any questions about the Agreement, Website Offerings or the practices of MATTE Projects, you may email us as at: email@example.com or send us mail to: 174 Hudson Street, 5th Floor, New York, NY 10013
21 . California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.