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Terms and Conditions

INTRODUCTION

Welcome to the Internet Site of the MATES Resourcing Program (referred to herein as “MATES,” “we,” “us,” or “our”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS MATES SITE. By using the MATES Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the MATES Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this MATES Site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

All materials contained in any MATES Site are the copyrighted property of the MATES Resourcing Program. All trademarks, service marks, and trade names are proprietary to the MATES Resourcing Program. No material from the MATES Site or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any MATES Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us.

In the event you download software from any MATES Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Solely to enable MATES to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. MATES will only use your information in accordance with our Privacy Policy.

FORUMS AND PUBLIC COMMUNICATION (The Rules)

“Forum” means a chat area, posting board, or e-mail function offered as part of the MATES Site. If you participate in any Forum within the MATES Site, you must not:

  • Defame, abuse, harass or threaten others;
  • Make any bigoted, hateful, or racially offensive statements;
  • Advocate illegal activity or discuss illegal activities with the intent to commit them;
  • Post or distribute any material that infringes and/or violates any right of a third party or any law;
  • Post or distribute any vulgar, obscene, discourteous, or indecent language or images;
  • Advertise or sell to or solicit others;
  • Use the Forum for commercial purposes of any kind;
  • Post or distribute any software or other materials that contain a virus or other harmful component; or
  • Post material or make statements that do not generally pertain to the designated topic or theme of any chat room or posting board.

It is our policy to respect the privacy of all customers. Therefore, in addition to the privacy of Registration data, we will not monitor, edit, or disclose the contents of a customer’s e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on the MATES Site; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages.

We reserve the right to remove or edit content from any Forum at any time and for any reason.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, posting board, or other user- generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.

COMMUNICATIONS/SUBMISSIONS

When you visit MATES sit or send e-mails to MATES, you are communicating with MATES electronically. You consent to receive communications from MATES electronically. MATES will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that MATES provides to you electronically satisfy any legal requirement that such communications be in writing.

Any creative materials which you post on the Forum (as defined in Section “FORUMS”) or transmit to the Site or MATES by electronic mail, telephone conference call, live or recorded interview, or otherwise, including creative suggestions, ideas, notes, drawings, concepts or other information, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”) shall be deemed, and shall remain, the property of MATES. None of the Information shall be subject to any obligation of confidence on the part of MATES and MATES shall not be liable for any use or disclosure of any Information and MATES is hereby granted a non-exclusive license to use in perpetuity, throughout the universe, any now known or hereafter existing rights to the Information of every kind and nature and shall be entitled without restriction to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute or incorporate the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

FORUMS

The Site may include bulletin boards, chat rooms, e-mails or other forums (“Forums”). MATES is not responsible for any material posted on the Forums, and it is a condition of your use of the Forums and the Site that you shall not upload, transmit, distribute or otherwise publish through such Forums any content which: violates any law; libels; defames; is obscene; hateful; racist; harassing; vulgar; pornographic; abusive; threatening; profane or indecent, including images and language; infringes any intellectual property rights of a person or entity, including without limitation, violating a copyright or trademark or other proprietary right or derivative works with respect thereto; violates or infringes upon the rights of others, includingmaterial which is an invasion of privacy or publicity rights; in any way exploits any information; software or other material for commercial purposes or which contains advertising; promotion or marketing without the express written permission of MATES (if such consent is given, only pursuant to the terms and conditions designated in the written permission from MATES) is for the benefit of any business entity in which you have a direct or indirect financial interest without the express written permission of MATES (if such consent is given, only pursuant to the terms and conditions designated in the written permission from MATES ); solicits gambling or engages in any gambling activity; contains a virus or other harmful component; advocates illegal activity; solicits any illegal act; uses the service for any purpose other than which it is intended; impersonates any person; or uses forged headers or other identifying information in a defamatory way. While MATES does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, MATES reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, unacceptable, or otherwise deemed off-topic or inappropriate as set forth hereinabove or otherwise. You acknowledge that MATES reserves the right to, and may from time to time, monitor any and all information transmitted or received, for operational and other purposes. Your use of this Site constitutes consent to such monitoring. MATES will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. MATES reserves the right to immediately terminate its service to any customer for any violation of this Agreement.

CONTENT LINKED TO ANY MATES SITE

Please exercise discretion while browsing the Internet using the MATES Site. You should be aware that when you are on the MATES Site, you could be directed to other sites that are beyond our control. There are links to other sites from MATES pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the MATES Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on MATES Sites may send cookies to users that we do not control.

We reserve the right to disable links from third-party sites to any MATES Site.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the MATES Site.

Please keep in mind that whenever you give out personal information online — for example, via message boards or chat — that information can be collected and used by people you don’t know. While MATES strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

DISCLAIMER AND LIMITATIONS OF LIABILITY

Your use and browsing of the Site is at your own risk. If you are dissatisfied with the Site, any of the materials contained in the Site including, without limitation, the teleseminars and other MATES communications, voicemails, and electronic transmittals to members, with this User Agreement or if the Site is not functioning to your expectations, your sole and exclusive remedy is to discontinue accessing and using the Site. If you have a paid membership, see section regarding MATES Membership refund policy. MATES contains facts, views, opinions, statements and recommendations of third party individuals and organizations. MATES does not represent or endorse the accuracy, correctness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site. You should regard statements non-factual in nature to constitute current opinions, which are subject to change. Any reliance upon any such opinion, advice, statement or information is at your sole risk.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MATES, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE, THE SITE, EVEN IF MATES WAS ADVISED BEFORE HAND OF SUCH POSSIBILITY. MATES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MATES IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, COMPUTER, EQUIPMENT, OR OTHER PROPERTY, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON THE SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MATES OR ANYONE ELSE. IN NO EVENT SHALL MATES TOTAL LIABILITY FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE ANNUAL AMOUNT PAID BY THE ACCOUNT HOLDER, FOR ACCESSING THE SITE. THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

MATES cannot ensure that you will be satisfied with any products or services that may be advertised on the Site or that you may purchase from a third-party site that may be on, or linked to or from the Site, since such product or services may be owned and operated by independent retailers. MATES has not taken any steps to confirm the accuracy or reliability of any of the information contained in such advertisements or third-party sites. MATES does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against MATES, its affiliated companies, affiliates and their respective directors, officers, employees and agents with respect to such sites. MATES strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless MATES, its parents, subsidiaries, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (a) any Materials posted or otherwise provided by you that infringe any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site or reliance by you on any Materials contained on the Site; (c) any non-compliance by you of the User Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Site, including the Information or Materials obtained through the Site.

COPYRIGHT

All information, content, services displayed on, transmitted through, or used in connection with this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of MATES and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of MATES and protected by U.S. and international copyright laws.

MATES respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact: admin@matesprogram.com.au

ASSIGNMENT

You may not assign your rights or obligations arising under this Agreement without MATES’s prior written consent. Any other assignment shall be null and remain void. MATES may assign its rights and obligations under this Agreement, but must provide written notice to Customer within 90 days of doing so.

CREDIT CARDS

To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology.

SUBSCRIPTIONS & MEMBERSHIPS

Some services offered on the MATES Site are subscription-based services.. We reserve the right to terminate any account at any time for any reason.

MATES agrees that it will terminate Customer’s account upon notice from Customer.

ABOUT YOUR PRIVACY

Please see our privacy policy <Create Hyperlink> page for details.