Electronic SignaturesFor some activities related to the Services, Matriarch may permit you to use a device equipped with an active connection to an internet service provider to access your Matriarch accounts and policies, and to perform certain transactions as available. To facilitate this, you may be given the option to sign, consent to, or agree to certain documents including, but not limited to, these Terms, policies, quotes, updates, notifications, or other information that you request, transaction receipts, documents requiring your signature, or any other documents (“Communications”) electronically by either checking the appropriate box or engaging in a similar online process as instructed online. You agree that by checking the appropriate box within or adjacent to the applicable Communication or engaging in a similar online electronic consent process, you are providing your electronic signature and agree to be bound by the terms and provisions in such Communication just as if you had signed your name to a paper document.
Payments, Payment Services and SubscriptionsTo facilitate Purchases (as defined below) we use Stripe, Inc. and its affiliates (collectively, “Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”). By agreeing to these Terms, users that make Purchases also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You must provide Stripe with valid payment information. You acknowledge and agree that Matriarch does not operate, own, or control Stripe. You agree to immediately notify Stripe of any change in your billing address (or other information) for your payment card. Please contact Stripe for more information. Matriarch assumes no liability or responsibility for any payments you make through Stripe.
Certain features and functionality may only be available to individuals who have purchased (each a “Purchase”) a paid subscription (“Subscriptions”). Any additional terms presented to you in connection with a Purchase will form part of these Terms. Subscriptions may consist of a one-time charge, recurring charges (typically monthly or yearly recurring charges), or both, as disclosed to you at the time you Purchase the Subscription. By Purchasing a Subscription, you acknowledge that there may be a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. You agree that we may submit periodic charges (monthly or otherwise, as disclosed) based on your elected subscription plan, without further authorization from you, until you provide notice (receipt of which is confirmed by us) that you have canceled your subscription, terminated this authorization, or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could react to your notice. Your non-termination of a Subscription reaffirms that Stripe is authorized to charge you for the applicable Subscription fees. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your Subscription (or as your payment terms may be amended thereafter). Finally, you understand that recurring Subscription prices may change in the future, provided that Matriarch will give you at least 30 days’ notice of such change with the option to cancel future payments.
When you choose to make a Purchase, Stripe will charge you for the amount (and, if applicable, on the schedule) that was presented to you at the time of Purchase, plus any sales or similar taxes that may be imposed on that payment. You must provide Stripe with valid payment information.
Matriarch reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Services or by other notice to you.
If you have a question about a purchase made or a charge to your payment card, please contact us at support@matriarchapp.com. We have the sole discretion to determine how billing disputes between us will be resolved.
If your purchase obligates Matriarch to collect a sales tax, use tax, or any other equivalent tax (“Sales Tax”) from you, Matriarch will collect Sales Tax in addition to the fee for your Purchase. If you have not remitted applicable Sales Tax to Matriarch, you will be responsible for the payment of the Sales Tax (and any related penalties or interest) to the appropriate tax authority and you will indemnify Matriarch for any liability or expense Matriarch may incur in connection with the payment of Sales Taxes on your purchases. At Matriarch request, you will provide reasonable assistance and documentation relating to the payment of Sales Taxes on your purchases from Matriarch (for example, official receipts issued by the appropriate tax authority confirming that you have paid all applicable taxes).
To change or terminate a Subscription, please contact us at support@matriarchapp.com. If you terminate your Subscription, it will remain in effect (and you may continue to access the associated Services) until the end of the then-current Subscription period.
Copyright PolicyUnder the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Services infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Services that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Services; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. You may read more information about the DMCA
here.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent (identified below): (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts located within the state of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Matriarch will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, beginning on the date that occurs 10 business days after receipt of the counter-notice, at our sole discretion.
Notices and counter-notices should be sent to our Copyright Agent, at support@matriarchapp.com, Attn: Legal, or info@Matriarch.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
In accordance with the DMCA and other applicable law, Matriarch has adopted a policy of terminating, in appropriate circumstances and at Matriarch’s sole discretion, Users who are deemed to be repeat infringers. Matriarch may also at its sole discretion limit access to the Services and/or terminate the registrations of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
DisclaimersThe following disclaimers are made on behalf of Matriarch, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY RESULTS OR ADVICE PROVIDED VIA THE SERVICES, AND DISCLAIM ALL LIABILITY WITH RESPECT THERETO.
THE SERVICES OFFER HEALTH AND FITNESS INFORMATION AND ARE DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU LEARNED THROUGH THE SERVICES. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
IndemnityTo the extent permitted by law, you agree to indemnify, protect and hold Matriarch and its parents, subsidiaries, affiliates, and assigns, and their respective officers, directors, employees, agents, representatives and service providers harmless from any and all claims, demands, damages, suits, losses, liabilities and causes of action (including without limitation, the cost of defense, attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by Matriarch or its parent, subsidiary and/or affiliated companies) arising directly or indirectly from, as a result of, or in connection with: (i) your User Content; (ii) your failure to comply with any of these Terms; (iii) your violation of any applicable laws, rules, or regulations related to your use of the Services; and (iv) your use of the Services. Matriarch 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 Matriarch in asserting any available defenses. Matriarch will provide notice to you of any such claim, suit, or proceeding. Matriarch reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests for assistance in Matriarch’s defense of such matter. You may not settle or compromise any claim against the indemnified parties without Matriarch’s written consent. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Limitation of LiabilityNEITHER MATRIARCH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MATRIARCH OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL MATRIARCH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED US DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MATRIARCH AND YOU.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMERS”, “INDEMNITY” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Jurisdictional IssuesMatriarch makes no representation that the Services are appropriate or available for use in your jurisdiction. If you choose to access the Services, you do so on your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules and regulations.
User DisputesYou agree that you are solely responsible for your interactions with any other user in connection with the Service, and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service
Links to Third Party Websites or ResourcesThe Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Telecommunications ConsentNotwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from Matriarch or anyone calling on its behalf, through your use of the Services (including creating an Account and generating a termination letter) you expressly consent to be contacted by Matriarch and anyone calling on its behalf for any and all purposes arising out of or relating to this Agreement or your use of the Services, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including via SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto-telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Matriarch, its agents, representatives, affiliates or anyone calling on its behalf at the specific number(s) you have provided to Matriarch, or numbers we can reasonably associate with your Account (through skip trace, caller ID capture or other means), with information or questions about your Account or use of the Services. You certify, warrant and represent that the telephone numbers that you have provided to us are your correct and current contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by email, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we may listen to and record calls for quality monitoring purposes. You consent to receive communications from us in electronic form should we so elect, including any and all disclosures and other communications that are required by law.
Governing Law and VenueExcept as otherwise provided in the Dispute Resolution provision below, these Terms will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Company each hereby agree that each submit to the personal and exclusive jurisdiction of the state and federal courts located within the Norther District of California.
Dispute Resolution by Binding ArbitrationPlease read this section carefully as it affects your rights.