Welcome to the WHAT MATTERS?! website owned and operated by Facilitated Results, Inc. d/b/a WHAT MATTERS?!, to which this Legal Disclaimer and Terms of Usage is linked (the "Site"). This page contains the terms and conditions upon which you may access the information and services available through the Site.
USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY.
WHAT MATTERS?! MAY CHANGE THESE RESTRICTIONS AND CONDITIONS AT ANY TIME.
1. RESTRICTIONS ON USE
2. LINKS TO OTHER SITES
WHAT MATTERS?! may provide links, in its sole discretion, to other Web sites for your convenience in locating related products, information and services. These sites have not been reviewed by WHAT MATTERS?! and are maintained by third parties over which WHAT MATTERS?! exercises no control and, accordingly, WHAT MATTERS?! expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party Web sites. Moreover, these links do not imply, directly or indirectly, endorsement by or affiliation with any third party or any Web site, products or services provided by any third party.
WHAT MATTERS?!, in its sole discretion, may post the advertisements of third parties on the Site. Your correspondence or dealings with advertisers found on the Site are solely between you and such advertiser. You agree that WHAT MATTERS?! shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site. Moreover, WHAT MATTERS?! shall not be responsible or liable for the statements or conduct of any third party on this Site, including but not limited to advertisers.
4. TRANSACTIONS WITH THIRD PARTIES
The Site may allow you to purchase products and services directly from third-party vendors through links on the Site (“Linked Vendors”). WHAT MATTERS?! is not a party to any transaction between you and any Linked Vendor. By using the Site, you acknowledge and agree that WHAT MATTERS?! shall have no liability for any cost, damage or harm arising directly or indirectly from (i) any products or services ordered through a Linked Vendor (including, without limitation, delivery (or failure to deliver), quality, performance, compatibility, and suitability for a particular purpose), and (ii) any action or inaction of any Linked Vendor. WHAT MATTERS?! makes no warranties or representations whatsoever regarding any product or service provided or offered by any Linked Vendor and you acknowledge that any reliance on representations and warranties provided by any Linked Vendor shall be at your own risk. WHAT MATTERS?! EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM LINKED VENDORS AND YOU AGREE TO LOOK SOLELY TO SUCH LINKED VENDORS FOR ALL CLAIMS REGARDING SUCH GOODS AND SERVICES.
5. PAYMENTS TO LINKED VENDORS
Payment for products and services offered by Linked Vendors on this Site can be made either via the Internet (either by transmitting credit card information via the Internet and/or electronic funds transfer), or by other methods. You agree that WHAT MATTERS?! cannot guarantee that any form of payment via the Internet is secure or that a third party will not be able to access or intercept such payment information. If you have concerns about payment via the Internet, you should use an alternative means of payment. You acknowledge and agree that WHAT MATTERS?! will have no liability for failure of any electronic payment system offered by Linked Vendors accessible through the Site.
6. THIRD-PARTY CONTENT
Certain materials from Linked Vendors (and other third parties) may be made available as part of the Site or through links from the Site. As a general matter, these third parties have obtained such information from sources believed by them to be reliable. WHAT MATTERS?! makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability or correct sequencing of, such third parties. Likewise, WHAT MATTERS?! does not endorse, oppose or edit any opinion or analysis expressed by such third parties. WHAT MATTERS?! expressly disclaims responsibility and liability for materials provided by such third parties.
7. CONFIDENTIALITY ON INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While WHAT MATTERS?! has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to WHAT MATTERS?! over the Internet cannot be guaranteed. Consequently, WHAT MATTERS?! is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Please judge your actions accordingly.
9. RIGHT TO USE SUBMISSIONS
By transmitting or posting any suggestions, information, material, or other content (collectively, “content”) to WHAT MATTERS?!, you automatically grant WHAT MATTERS?! the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, WHAT MATTERS?! is free to use any ideas, concepts, know-how, techniques, and suggestions (collectively, “information”) contained in any communications you send to the Site for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.
10. SECURITY OF THE SITE
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, WHAT MATTERS?! reserves the right to view, monitor and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording may be subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. WHAT MATTERS?! will also comply with all court orders involving requests for such information.
11. FORCE MAJEURE
WHAT MATTERS?! will not be liable for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars or governmental restrictions.
12. CHANGES IN SERVICE
While WHAT MATTERS?! endeavors to provide the most accurate, up to date information available, the information and material on the Site may contain technical inaccuracies or typographical errors, and may be changed or updated without notice; WHAT MATTERS?! will not be liable or responsible for any such inaccuracies, errors, changes or updates. WHAT MATTERS?! also reserves the right to change and/or discontinue its currently provided services at any time, for any reason.
13. LIMITATION OF LIABILITY AND WARRANTY
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WHAT MATTERS?! IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHAT MATTERS?! DOES NOT WARRANT OR REPRESENT THAT (A) THE SITE CONTAINS ALL RELEVANT DATA, OR (B) THE INFORMATION ON THE SITE OR IN ANY LINKED DATABASES IS ACCURATE AND COMPLETE OR ERROR-FREE.
NEITHER WHAT MATTERS?! NOR ITS AFFILIATES NOR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, STOCKHOLDERS, SERVANTS, ATTORNEYS-IN-FACT, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF INOVIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF INOVIS (AND THE PARTIES REFERENCED ABOVE IN THIS PARAGRAPH) ASSOCIATED WITH ANY CLAIM ARISING DIRECTLY OR INDIRECTLY FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 15 WILL APPLY TO YOUR USE OF THE SITE, ALL CONTENT AND INFORMATION CONTAINED IN THE SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.
You agree to defend, indemnify and hold harmless WHAT MATTERS?! and its affiliates and all of their respective employees, agents, directors, officers, employees, proprietors, partners, representatives, stockholders, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on information obtained at the Site, any products or services obtained through the Site, and any breach by you of these restrictions and conditions.
15. TERMINATION OF ACCESS; CHANGES TO TERMS
WHAT MATTERS?! reserves the right at any time to deny you access to the Site or any portion thereof. WHAT MATTERS?! may change these restrictions and conditions at any time, and you will be subject to these terms and conditions as then in effect at the time you are using the Site.
16. GOVERNING LAW
These restrictions and conditions have been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts , without giving effect to any principles of conflicts of law. Any action to enforce these restrictions and conditions may be brought in the federal or state courts presiding in Massachusetts, U.S.A., and both parties expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by WHAT MATTERS?! from its offices within the United States. WHAT MATTERS?! makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you choose to access this Site from locations other than the United States you do so on your own volition and you are responsible for compliance with applicable local laws.
Failure to insist on strict performance of any term of these restrictions and conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver of any term of these restrictions and conditions will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of these restrictions and conditions is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. No joint venture, partnership, employment or agency relationship exists between you and WHAT MATTERS?! as a result of these restrictions and conditions or your use of the Site. Any rights not expressly granted herein are reserved.
18. ENTIRE UNDERSTANDING
If the use of a WHAT MATTERS?! product or service available on the Site is governed by the terms of a separate online or hard-copy agreement, and the event of any conflict between the terms and conditions of such separate agreement and those set forth herein, the terms of such separate agreement will control with respect to such product or service.
By using the Site you acknowledge that, in providing you access to and use of the Site, WHAT MATTERS?! has relied on your acceptance of these restrictions and conditions.
USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET FORTH ABOVE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY.