Please read the following Terms carefully before using Matrix Basement Systems, Inc. ’s (“MATRIX”, “our” or “we”) web site, www.mymatrixbasement.com, including but not limited to the www.mymatrixbasement.com Web Site, as well as any online features, services and/or programs offered by MATRIX (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of MATRIX. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site.

We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).

DISCLAIMERS.
1. NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. MATRIX PROVIDES THE WEB SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND MATRIX MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. MATRIX DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT MATRIX SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
2. INDEMNIFICATION. You agree to defend, indemnify and hold MATRIX and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by MATRIX, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
LIMITATION OF LIABILITY. IN NO EVENT WILL MATRIX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS MATRIX’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with MATRIX’s Privacy Policy located at www.mymatrixbasement.com/privacy-policy
THIRD PARTY CONTENT.
1. MATRIX may provide hyperlinks to other web sites maintained by third parties, or MATRIX may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER MATRIX’S CONTROL AND MATRIX IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
2. If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with MATRIX. In most cases, MATRIX is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site: (i) may link to, but not replicate, MATRIX’s Content; (ii) may not create a browser, border environment or frame MATRIX’s Content; (iii) may not imply that MATRIX is endorsing it or its products; (iv) may not misrepresent its relationship with MATRIX; (v) may not present false or misleading information about MATRIX’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site are MATRIX’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. MATRIX is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of MATRIX that may be referred to on the Web Site are the property of MATRIX. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of MATRIX’s trademarks or service marks without MATRIX’s prior written permission. MATRIX aggressively enforces its intellectual property rights. Neither the name of MATRIX nor any of MATRIX other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without MATRIX’s prior written permission, except that a third party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 4(b) above may use the name “MATRIX” in or as part of that URL link. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact MATRIX at the address, email address or telephone number set forth at the bottom of these Terms.
LOCAL LAWS. MATRIX makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. MATRIX is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site and these Terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where MATRIX conducts business. The Web Site shall be deemed a passive website and service that does not give rise to personal jurisdiction over MATRIX, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where MATRIX conducts business. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
AVAILABILITY. Information that MATRIX publishes in the Web Site may contain references or cross-references to products, programs or services of MATRIX that are not necessarily announced or available in your area. Such references do not mean that MATRIX will announce any of those products, programs or services in your area at any time in the future. You should contact MATRIX for information regarding the products, programs and services that may be available to you, if any.
MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MATRIX’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the MATRIX Web Site Privacy Policy located at www.mymatrixbasement.com/privacy-policy are the entire agreement between you and MATRIX with respect to your use of the Web Site and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and MATRIX regarding the Web Site and the Online Service.

By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site and/or the Online Service. Your use of the Web Site and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email [courtney@witthoward.com] or by sending your comments to:

MATRIX BASEMENT SYSTEMS, INC
1435 E. Algonquin Rd.
Arlington Heights, IL 60005
Attn: Courtney Howard
720-295-4095
courtney@witthoward.com
EFFECTIVE AS OF: January 1, 2013
LAST UPDATED: January 5, 2019