OLD Terms of Use

Terms of Use

Last Revised: NOVEMBER 22ND, 2016


Welcome to MATTE! These terms and conditions (“Terms”) govern and apply to

anyone accessing or using the websites located at http://shopmatte.com, our

mobile application(s), our blog(s), and any other website(s) owned and/or

operated by MATTE (including any of its subsidiaries or corporate affiliates,

collectively, "MATTE," "we," "us" or "our") and any of their associated web pages

(collectively, our “Services”).

Please take some time to review these Terms for our Services. By accessing or

using the Services, including purchasing any products through the Services, you

represent, warrant, understand and agree: (1) to accept, comply with, and be

bound by these Terms; (2) that you have the right, authority, and capacity to

abide by these Terms; (3) to comply with all applicable laws, rules and

regulations concerning your access to and use of the Services; and (4) you are of

legal age to form a binding contract and are not a person barred from receiving

services under the laws of the United States or another applicable jurisdiction.

Certain services may be subject to additional terms, guidelines or rules, which

will be available in conjunction with those relevant services, and those additional

terms will become part of these Terms when you use those services.

MATTE reserves the right to update, change, modify or otherwise alter these

Terms at any time. If any material changes are made to these Terms, MATTE will

notify you by posting the revised Terms on the Services or notifying you through

the Services. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE

CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR

AGREEMENT TO THESE TERMS. If you do not want to be bound by these

Terms, do not use or access any part of the Services.

MATTE may terminate the Services or any portion thereof, any website or

webpage within the Services or any products or services offered through the

Services, or terminate your right to access or use the Services or any portion

thereof without notice and at any time for any reason. In the event of such

termination, you are no longer authorized to access the Services, and the

restrictions imposed on you with respect to the Content (as defined herein), and

the disclaimers, indemnities, and limitations of liabilities set forth in these Terms,

shall each survive such termination.

Access To and Use of the Services

Unless authorized in writing by MATTE, you may use the Services solely for your

personal and non-commercial use. You agree to only access or use the Services

solely for legal purposes as allowed by these Terms. (International users should

note that they must agree to comply with all applicable local laws regarding

privacy, online conduct and acceptable use and content.) Amongst other things,

you agree not to:

• modify, copy, distribute, transmit, display, perform, reproduce, publish,

license, create derivative works from, frame, use, transfer or sell any

information, software, products, services or Content (as defined below)

provided through or obtained from the Services, including without

limitation, engage in the practice of "screen scraping," or any other similar

activity;

• hack into the Services or any of its websites, or modify another website so

as to falsely imply that it is associated or affiliated with the Services;

• damage, disable, overburden, transmit any worms or viruses or any code

of a destructive nature, or interfere with any other party's use and

enjoyment of the Services;

• violate any applicable laws, rules or regulations in your jurisdiction

(including but not limited to trademark and copyright laws); or

• access or attempt to access any password-protected, secure or non-public

areas of the Services without the express permission of MATTE.

For any portion of the Services that requires a user name and/or password, you

are responsible for all use of your account (under any user name or password)

and for ensuring that all use of your account complies fully with the provisions of

these Terms. You shall be responsible for protecting the confidentiality of your

user name(s) or password(s), if any.

You can link your account to various webmail, social networking, and other online

accounts. You may only link your own accounts. We will access and retrieve your

account information from these sites on your behalf (in some cases, by using

your username and password) to make certain information or services available

to you through the Services. By linking your other accounts, you expressly

authorize us to access your account information from those third party accounts,

on your behalf as your agent and permit us to access, use and, in some cases,

store your account information to accomplish the foregoing.

Intellectual Property

The website and all Content (as defined below), features and functionality

(including but not limited to all information, software, text, displays, images, video

and audio, and the design, selection and arrangement thereof) that appears as

part of or on the Services are the property of MATTE and/or a third party (which

may be indicated by a link to or from an external source, or otherwise). Content is

provided through the Services “AS IS”, and you agree that the use of and

reliance on any Content is at your own risk, and that under no circumstances

shall MATTE be liable for any Content or for any loss or damage of any kind

incurred as a result of your use of any Content made available via the Services.

The Services as a whole and all Content thereon is protected by copyright, trade

dress, and trademark laws of the United States, as well as international treaties,

conventions and the laws of other countries, as applicable. Except as may be

expressly permitted by MATTE, you may not use, reproduce, copy, modify,

publish, transmit, distribute, perform, display, download, license, enter into a

database, create derivate works from, reverse engineer, frame, transfer, or sell

any Content obtained from, through or on this Services, in whole or in part. Any

use of the Content, except as specifically provided in these Terms, is strictly

prohibited.

Content

All information, text, graphics, images, photographs, logos, illustrations,

descriptions, data, designs, icons, video clips, audio clips, sounds, files,

trademarks, copyrighted material, trade dress, interfaces, software,

specifications, catalogs, literature, advertisements, titles, names, User Generated

Content (as defined below) and any other materials provided on the Services are

owned by MATTE and/or third parties, and are collectively referred to as

"Content." The Content may contain omissions, errors, or may be out of date.

MATTE reserves the right, in its sole discretion, to change, delete, update, modify

or otherwise alter the Content at any time without providing notice to you. The

Content is provided for informational purposes only and is not binding on MATTE

in any way except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor or endorse any third-party Content,

products or services and make no representations regarding, and are not liable

or responsible for the accuracy, completeness, timeliness, reliability or availability

of any third-party Content, products or services. Any third-party Content, products

or services posted on, transmitted through, or linked to from the Services are the

sole responsibility of the third-party originator of such Content. Links to any third-
party Content are provided for your convenience only. If you choose to access

any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND

AGREE THAT MATTE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR

DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-
PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE,

OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR

SERVICES.

Any concerns regarding Content and/or availability of hyperlinks of a third party

on the Services, which are not controlled by MATTE, should be directed to the

third party that controls such Content or hyperlink. If you believe we have

provided a hyperlink to a third-party website that contains infringing or illegal

Content, products or services, we ask that you notify us at the address noted

below so that we may evaluate whether, in our sole discretion, to disable it from

the Services.

Content You Provide (User-Generated Content)

MATTE welcomes comments, feedback, reviews, notes, suggestions, thoughts,

ideas, proposals, pictures, photographs, information, text, graphics, images,

logos, illustrations, descriptions, data, designs, icons, video clips, audio clips,

sounds, files, specifications, catalogs, literature, advertisements, titles, names

and any other materials, but which shall expressly exclude any personally

identifiable information (collectively, the "User-Generated Content") from you on

the Services, including but not limited to on its blog, product detail webpages and

elsewhere. You agree that any User Generated Content that you post, upload,

input, submit, send, contribute or otherwise transmit (collectively, “Submit” or

“Submission”, as appropriate) to the Services (whether directly or through a third

party) shall be true, accurate and complete and you shall not impersonate or

falsely represent your affiliation with any person or entity. You are entirely

responsible for all User Generated Content that you Submit or otherwise make

available via the Services.

By Submitting User Generated Content to the Services, you grant, and you

represent and warrant that you have the right to grant, to MATTE, its affiliates,

agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid,

worldwide license to use, copy, perform, display, reproduce, publish, distribute,

sublicense, and otherwise disclose, prepare derivative works of, or incorporate

into other works, the User Generated Content, for any purpose without restriction

and without providing any attribution or compensation to you. Such User

Generated Content will not be treated as confidential information. In addition, by

posting or allowing MATTE or a third party to post User Generated Content to

any public area of the Services, you grant MATTE all rights necessary to prohibit

any subsequent aggregation, display, copying, duplication, reproduction, or

exploitation of the User Generated Content by any party for any purpose.

You agree that you shall not use the Services to Submit any User Generated

Content that (i) is not related to appropriate subject matters, (ii) is misleading to

others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous,

defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of

another's privacy, hateful, offensive, or racially, ethnically or otherwise

objectionable, (iv) you do not have a right to Submit under any contractual

relationships, (v) is infringing of any patent, trademark, trade secret, copyright or

other proprietary rights of any third party, (vi) contains software viruses or any

other computer code, files or programs designed to interrupt, destroy or limit the

functionality of the Services, including but not limited to a virus, trojan horse,

worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable

local, state, national or international law, or any rules or regulations having the

force of law.

In the event that you do not wish for MATTE to use your User Generated

Content, please do not Submit such User Generated Content to the Services.

Please note that any User Generated Content does not represent the advice,

views, opinions or beliefs of MATTE, and MATTE makes no claim of accuracy of

any such User Generated Content. You understand and agree that you are solely

responsible for any User Generated Content that you Submit and you may be

held legally liable for such User Generated Content. MATTE reserves the right to

remove any User Generated Content from the Services at any time and for any

reason.

Limited License; Personal, Business, and Non-Commercial Use Limitation of the

Content and Services

You are hereby granted a non-exclusive, limited and revocable license to view

the Content on the Services, but only while accessing the Services. You agree

that you are only authorized to visit, view and retain a copy of any websites or

webpages of the Services for informational, non-commercial and your own

personal use. Additionally, you understand and agree that you are strictly

prohibited from duplicating, downloading, publishing, republishing, adapting,

modifying, displaying, transmitting, or otherwise distributing the Content and/or

the Services for any commercial use (whether for profit or not), or for any other

purpose other than as may be expressly permitted in these Terms.

You also agree not to deep-link to the Services or any website or webpage

thereof for any purpose, unless specifically authorized by MATTE. Use of any of

MATTE’s trademarks as meta tags on other networks is also strictly prohibited.

MATTE may make available software or applications that you can download (to

your computer or mobile device) to access and use the Services. As long as you

comply with these Terms, you have the right to use the software to access and

use the Services for your own personal use. This license is for the sole purpose

of enabling you to use and enjoy the Services in the manner permitted by these

Terms. You may not copy, modify, distribute, sell, or lease any part of the

Services or included software, nor may you reverse engineer or attempt to

extract the source code of that software, unless laws prohibit those restrictions or

you have MATTE’s written permission.

When you download our software from the Apple App Store, Google Play or other

app store or distribution platform (from an “App Provider”) on your mobile or other

device, you acknowledge and agree that:

• These Terms are concluded between us, and not with the App Provider,

and that MATTE (not the App Provider), is responsible for our software.

• The App Provider has no obligation to furnish any maintenance and

support services with respect to our software or handle any warranty

claims.

• The App Provider is not responsible for addressing any claims you have or

any claims of any third party relating to our software, such as, product

liability claims, consumer protection claims, intellectual property

infringement claims, or any claim that our software fails to conform to any

applicable legal or regulatory requirement.

• The App Provider is a third party beneficiary of these Terms as related to

your license of our software, and the App Provider will have the right to

enforce these Terms as related to your license of our software against you.

• You must also comply with all applicable third party terms of service when

using our software.

• You agree that from time to time, our software may download upgrades,

updates and additional features from us in order to improve, enhance and

further develop the software. You will not modify, create derivative works

of, decompile or otherwise attempt to extract source code from us, unless

you are expressly permitted to do so under an open source license or we

give you express written permission.

Unauthorized Use of the Website

You shall not use any automatic or manual conduct, device, process, software,

program, algorithm, methodology or routine, including but not limited to a "robot,"

"spider" or other similar process or functionality to interfere (or attempt to

interfere) with, damage, disable or impose an unreasonable burden or load on,

the operation of the Services, or transmit any worms or viruses or any code of a

destructive nature on or to the Services.

You agree that you shall not use the Services for any illegal, obscene, abusive,

offensive, harassing, improper or objectionable purpose, to sell or offer to sell any

goods or services, to conduct or forward surveys, contests, or chain letters, or for

any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses

of the Services, including, but not limited to, unauthorized framing of or linking to

the Services or unauthorized use of any robot, spider, or other automated device

on the Services, will be investigated and will be subject to appropriate legal

action, including, without limitation, civil, criminal, and injunctive redress.

Linking to the Services

If MATTE authorizes you to deep-link your website or a service offered by your

website to the Services, in addition to and notwithstanding anything to the

contrary, you understand and agree that: (1) MATTE has no obligation to

continue to provide or make the service or the Services available; (2) all

conditions, disclaimers and limitations on use set forth in these Terms remain in

full force and effect; (3) all intellectual property rights relating to MATTE and its

technology and Content, including all ownership rights, remain the exclusive

property of MATTE; (4) you will be solely responsible for the data and content

that you publish on your website; and (5) MATTE may terminate your access to

the Services at any time in its sole discretion.

MATTE reserves the right, but not the obligation, to remove any linked source if it

contains or features any unacceptable content, as determined in MATTE’s sole

discretion, and including, but not limited to, (i) offensive, harmful and/or abusive

language, including, without limitation, expletives, profanities, obscenities,

harassment, vulgarities, sexually explicit language, and hate speech, (ii)

references to illegal activity, malpractice, purposeful overcharging, or false

advertising, (iii) personal attacks or describes physical confrontations and/or

sexual harassment, (iv) language that violates the standards of good taste or the

standards of this Services, (v) content that is illegal, or a violation of any federal,

state, or local law or regulation, or the rights of any other person or entity, (vi)

language that is intended to impersonate other users or is offensive or uses

inappropriate user names, or (vii) content that is encrypted or that contains

viruses, Trojan horses, worms, time bombs, bots or other computer programming

routines that are intended to damage, interfere with, intercept or appropriate any

system, data or the Services.

Terms of Sale; Risk of Loss

By placing an order with MATTE, you are (i) offering to purchase a product, (ii)

representing that you are of legal age to form a binding contract, and (iii)

representing that all information you provide to us in connection with such order

is true and accurate and you are an authorized user of the payment method

provided. The receipt by you of an order confirmation does not constitute

MATTE's acceptance of an order. We retain the right to refuse any request made

by you.

Prior to MATTE's acceptance of an order, verification of information may be

required. MATTE reserves the right at any time after receipt of your order to

accept or decline your order, or any portion thereof, even after your receipt of an

order confirmation from MATTE, for any reason whatsoever. MATTE reserves the

right to limit the number of items ordered and to refuse service to you without

prior notification. In the event that an item lists an incorrect price, either due to

typographical or other error, MATTE shall have the right to refuse or cancel any

such order placed for the incorrect price, regardless of whether the order is being

or has been processed. If payment has already been made or if your account has

has already been charged for the purchase and the order is cancelled, MATTE

shall credit your account in the amount of the incorrect price.

All features, specifications, products, prices of products and services, discounts,

promotions and offers described on our Services are subject to change at any

time, and we reserve the right to make changes to them without notice to you.

We reserve the right, without prior notice, to limit the order quantity on any

product and/or refuse service to any customer. We have made every effort to

display as accurately as possible the colors of our products that appear on the

Web site; however, the actual color you will see will depend on many factors,

including your computer, and we cannot guarantee that your computer will

accurately display our colors. Products are available while supplies last. All prices

and products advertised are subject to change. All prices displayed on the

Services are quoted in U.S. dollars.

Please see our terms & conditions page and all related webpages for other terms

of sale, including information on shipping, delivery and tracking, the ordering and

payment process, returns, refunds and exchanges, pricing, gift cards, product

availability, no resale policy, and other helpful information. MATTE reserves the

right to restrict delivery to addresses within or outside of the United States.

Shipping and handling fees and applicable sales/use tax will be added by MATTE

as necessary. The risk of loss and title for product(s) purchased by you pass to

you upon our delivery of the product(s) to the carrier.

Reporting

If you see objectionable content or have any questions about these Terms,

please contact MATTE at the address noted below.

Offline Conduct

Although MATTE cannot monitor the conduct of its users of this Services, it is a

violation of these Terms to use any information obtained from our Services in

order to harass, abuse or harm another person, or in order to contact, advertise,

solicit or sell to any user without his/her prior explicit consent.

Violation of These Terms

You agree that monetary damages may not provide a sufficient remedy to

MATTE for violations of these Terms, and you consent to injunctive or other

equitable relief for such violations.

DISCLAIMER AND LIMITATION OF LIABILITY

A. Disclaimer. MATTE ASSUMES NO LIABILITY OR RESPONSIBILITY

FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT,

PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON

OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY

OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING

FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR

ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED

ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL

PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR

CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD

PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE

LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR

ANY THIRD PARTY WEBSITE(S) BY MATTE OR ANY THIRD PARTY, AND/OR

(F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT,

INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD

PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND

RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES

AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN

"AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY MATTE ARE

SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF

THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, MATTE MAKES NO

REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT

SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. MATTE MAKES

NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR

COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE

CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS

SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS

ON THIS SERVICES OR LINKED TO FROM THIS SERVICES. SOME STATES

OR JURISDICTIONS INCLUDING NEW JERSEY DO NOT ALLOW THE

LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE

EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN

NEW JERSEY OR IN ONE OF THESE STATES OR JURISDICTIONS, THE

ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

B. Limitation of Liability. IN NO EVENT SHALL MATTE BE LIABLE TO

YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,

INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING

FROM OR CONNECTED IN ANY WAY WITH THE SERVICES,

CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS,

SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE

SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR

ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE

USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MATTE HAS

BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING

ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, MATTE'S

LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY

YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR

YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR

SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF

STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN

THE AGGREGATE. THIS LIMITATION OF LIABILITY PROVISION DOES NOT

APPLY TO NEW JERSEY RESIDENTS OR RESIDENTS IN OTHER STATES

OR JURISDICTIONS THAT MAY VIEW SUCH PROVISIONS AS

UNENFORCEABLE OR ILLEGAL.

C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE

AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND

ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION

AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO

YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS

THEREFROM.

D. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES,

OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS

TO DISCONTINUE USING THE SERVICES.

Indemnity

You agree to indemnify, defend and hold harmless MATTE, its third-party

vendors, manufacturers, agents, distributors, corporate affiliates, officers,

directors, and employees from and against any and all claims, actions, demands,

liabilities, costs and expenses, including, without limitation, reasonable attorney's

fees, (a) made by any third party due to or arising out of any Content Submitted,

posted, or otherwise provided by you to the Services, MATTE and/or its third

party licensors, licensees or advertisers, and/or (b) resulting from your breach of

any provision of these Terms, any warranty you provide herein, or otherwise

arising in any way out of your use of the Services or purchase of the products or

services therefrom. MATTE reserves the right to take exclusive control and

defense of any such claim otherwise subject to indemnification by you, in which

event you will cooperate fully with MATTE in asserting any available defenses.

This indemnity provision does not apply to New Jersey residents or residents of

other states or jurisdictions that may view such provisions as unenforceable or

illegal.

Modification/Termination of Services

In the event of termination of the Services, you will still be bound by your

obligations under these Terms and any additional terms, including the warranties

made by you, and by the disclaimers and limitations of liability set forth herein.

MATTE shall not be liable to you or any third-party for any termination of your

access to the Services or any portion thereof.

General Legal Provisions

These Terms, your rights and obligations, our rights and obligations, and all

actions contemplated by these Terms will be governed by the laws of the State of

California, U.S.A., without regard to conflicts of laws principles, as if this

Agreement were a contract wholly entered into and wholly performed within the

State of California. You hereby consent to the exclusive jurisdiction and venue of

courts in the County of Los Angeles, California, U.S.A., for all disputes arising out

of or relating to accessing or using this Services. Access to or use of this

Services is unauthorized in any jurisdiction that does not give effect to all

provisions of these Terms, including, without limitation, this paragraph. In the

event of any legal action to enforce or interpret the terms of this Agreement, the

prevailing party in such action shall be entitled to recover its reasonable

attorneys' fees and costs. No joint venture, partnership, employment or agency

relationship exists between you and MATTE as a result of these Terms or use of

the Services. If any provision in these Terms is invalid or unenforceable under

applicable law, including, but not limited to, the warranty disclaimers and liability

limitations set forth above, the remaining provisions will continue in full force and

effect, and the invalid unenforceable provision will be deemed superseded by a

valid, enforceable provision that most closely matches the intent of the original

provision. MATTE’s performance of these Terms is subject to existing laws and

legal process, and nothing contained in this these Terms is in derogation of

MATTE’s right to comply with law enforcement requests or requirements. All

rights not expressly granted herein are hereby reserved. These Terms are the

entire and final agreement regarding your access to the Services. A printed

version of these Terms and of any notice given in electronic form shall be

admissible in judicial or administrative proceedings based upon or relating to

these Terms to the same extent and subject to the same conditions as other

business documents and records originally generated and maintained in printed

form.