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Terms of Use

Last Modified: June 2, 2025

These terms of use are entered into by and between you (“you” or “your”) and Matrix Global LLC (“Company,” “we,” “our,” or “us”), the owner and operator of nashvilletimes.com, including any content, functionality, and services offered thereon (collectively, the “Website”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Website.

Please read the Terms of Use carefully before you use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which are incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

You must also be at least eighteen (18) years old to use the Website and by accessing or using our Website, you represent and warrant that you are at least eighteen (18) years old. If you are not 18 years old, do not continue to use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. Therefore, you are encouraged to check this page from time to time so that you are aware of any changes, as they are binding on you.

1. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

2. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively “Company Content”) are owned by the Company, its licensors, or other providers of such material. The Company Content are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Company Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Company Content, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing Company Content; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) you may print one copy of a reasonable number of pages of the Company Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution; (iv) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; (v) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: (i) modify copies of any Company Content; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Company Content. You shall not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Company Content in breach of the Terms of Use, your right to use the Website and Company Content will stop immediately. You must destroy any copies of the materials you have made. No right, title or interest in or to the Website or the Company Content is transferred to you, and all rights not expressly granted are reserved by the Company or its licensors. Any use of the Website or the Company Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company and Website name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

3. Contributor Content, Advertising, Branded Content, and Sponsored Content

The Website may distribute third-party contributed content (“Contributor Content”) supplied by third-party information content providers such as other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services (each a “Contributor”). We may have been compensated by the Contributor who wrote the Contributor Content or whose product or service is the subject of the article in exchange for publishing the article as so-called “native advertising.” The Company does not receive any additional compensation of any kind if our readers purchase the product or service, and the Company has no vested interest in the commercial success of the compensating party. Contributor Content will be clearly labeled as “Branded Content” wherever it appears on the Website.

We use these Contributors and Contributor Content to enhance your experience on the Website. We are not responsible for the statements and opinions expressed by Contributors and/or contained in the Contributor Content. Responsibility for the accuracy and completeness of Contributor Content lies solely with those Contributors and is not guaranteed by the Company.

You acknowledge that: (i) the Company has received payment or other benefits for featuring the applicable Contributor Content; (ii) the opinions and claims in Contributor Content are those of the individual or entity (the Contributor) who paid to have the Contributor Content published, not the Company; and (iii) the Company does not earn additional commissions or incentives based on your actions, purchases, or interactions with the Contributor Content. You further agree: (1) to conduct your own research before acting on any information in Contributor Content; and (2) that you understand that Contributor Content is not an endorsement or guarantee by the Company of the Contributor, or the product(s), service(s), or information contained in the applicable Contributor Content.

Pursuant to 47 U.S.C.§ 230, the Company is not the publisher of Contributor Content and is therefore not liable for any delays, inaccuracies, errors, or omissions in such Contributor Content. Given the volume of information posted by Contributors, we cannot and do not monitor all Contributor Content posted to the Website and assume no duty to monitor the Website for inappropriate or inaccurate Contributor Content. Neither the Company nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from Contributor Content. Notwithstanding the foregoing, we reserve the right to remove Contributor Content at any time in our sole discretion.

4. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website for any of the following purposes (each a “Prohibited Use” and collectively “Prohibited Uses”):

  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use;
  4. To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  3. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
  4. Use any device, software, or routine that interferes with the proper working of the Website;
  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  8. Otherwise attempt to interfere with the proper working of the Website.

5. Termination

We have the right to: (i) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including, without limitation, referral to law enforcement for any suspected illegal or unauthorized use of the Website; and (v) terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law or regulatory enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

6. Copyright Policy; DMCA Notices

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request the removal of those materials (or access to them) from the Website by submitting a written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (each a “DMCA Notice”) must include substantially the following:

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
  3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the written notice is accurate; and
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Jeffrey Knight, c/o Wringing the Sponge, LLC

9100 Conroy Windermere Road

Ste. 200 

Windermere, FL 34786

Email address: jknightesq@gmail.com 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Website was removed, or access to it was disabled, by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting a written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  1. Your physical or electronic signature;
  2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
  3. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

7. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

8. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

9. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Website; (ii) send emails or other communications with certain content or links to certain content on this Website; or (iii) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (iii) link to any part of the Website other than the homepage; or (iv) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

10. Links from the Website

The Website may provide links to external websites (“External Sites”). We provide these links to External Sites for your convenience only. We do not control such External Sites; therefore, we are not responsible for the content of any External Sites, or any link contained in an External Sites. Our inclusion of links to such External Sites does not imply any endorsement of any such third party who advertises their goods or services through the Website. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of External Sites.

When you leave the Site, you should be aware that our Terms and our Privacy Policy do not apply to your use of External Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any External Sites to which you navigate from the Site. Your use of, and dealings with the owners or operators of, these External Sites are at your own risk, and you agree not to make any claim against us arising out of your use of these External Sites.

We may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links or referrals to third-party products or services on the Website (“Third-Party Products”). We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third-Party Products, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third-Party Products and Services. Because we do not control such Third-Party Products, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third-Party Products and Services, and you use such Third-Party Products at your own risk. Your dealings or correspondence with, or participation in promotions of, such Third-Party Products, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. You should investigate and use your independent judgment regarding the merits, quality, and reputation of any Third-Party Products that you find on or through the Website.

11. Disclaimer of Warranties

THE WEBSITE, INCLUDING COMPANY CONTENT, AND ALL LINKS, INFORMATION, MATERIALS, SERVICES, AND/OR PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE (“SITE MATERIALS”) ARE PROVIDED ON AN “AS IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF SITE MATERIALS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES (THE “ASSOCIATED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO SITE MATERIALS AND YOUR USE THEREOF. IN ADDITION, THE COMPANY AND THE ASSOCIATED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY PRODUCTS, EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE THIRD-PARTY PRODUCTS. THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THE SITE MATERIALS OR THIRD-PARTY PRODUCTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WHILE WE ATTEMPT TO PROVIDE YOU WITH ACCESS SAFE FROM VIRUSES, THE COMPANY DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY OF THE PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED THROUGH THE WEBSITE OR OTHERWISE PROVIDED BY OR ON BEHALF OF THE COMPANY.

12. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR THE ASSOCIATED PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR REVENUE, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE WEBSITE, OR OTHERWISE UNDER OR IN CONNECTION WITH THE WEBSITE, REGARDLESS OF THE LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY OR THE ASSOCIATED PARTIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE/SERVICES EXCEED $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold the Company and the Associated Parties harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your: (1) User Content; (2) use of the Website; (3) breach of these Terms of Use, including any Prohibit Uses; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. The indemnification obligations under this Section shall survive any termination or expiration of these Terms of Use or your use of the Website.

14. Governing Law and Jurisdiction; Disputes; Arbitration; Limits on Claims

14.1 Choice of Law and Venue. These Terms of Use and your use of the Website are governed by and construed in accordance with the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without regard to its conflict of law principles. Except as explicitly outlined below or elsewhere in these Terms of Use, any dispute between the parties shall be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Portland, Oregon and you hereby consent to such jurisdiction and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

14.2 Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use of your use of the Website (each a “Dispute” and collectively, the “Disputes“) brought by either you or us (individually, a “Party” and collectively, the “Parties“), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

14.3 Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Portland, Oregon. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Portland, Oregon, as outlined above. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

14.4 Class Action Waiver. You waive the right to serve as a class representative, class member, or otherwise participate in any class, collective, consolidated, or representative proceeding against us related to any disputes arising under these Terms. You agree that this class action waiver is material and essential to the resolution of any dispute and is non-severable from these Terms and your use of the Services.

14.5 Waiver of Jury Trial. YOU HEREBY ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS AND USING THE SERVICES, YOU KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. ALL DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY.

14.6 Limitation on Time to File Claims. ANY DISPUTE, CAUSE OF ACTION, OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE, CAUSE OF ACTION, OR CLAIM ACCRUES; OTHERWISE, SUCH DISPUTE, CAUSE OF ACTION, OR CLAIM IS PERMANENTLY BARRED.

15. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

16. Entire Agreement

The Terms of Use and all other policies contained on the Website constitute the sole and entire agreement between you and Matrix Global LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

17. Electronic Communications

Whenever you visit the Website, communicate with us (e.g., by submitting an inquiry from the “Contact Us” page), or send us emails, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email at the email address which you contacted us from or provided in such communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

18. Your Comments and Concerns

This Website is operated by Matrix Global LLC, located at Ora Fiduciary (Cook Islands) Limited Global House, Avarua, Rarotonga, Cook Islands.

All notices of copyright infringement claims should be sent to the copyright agent designated in our section entitled “Copyright Policy” in the manner and by the means set out in these Terms of Use. All other feedback, comments, requests for technical support, and other communications relating to the Website should be sent via email to matrixglobalnews@gmail.com.