Terms of Use
By accessing this any website, mobile site or app, social media site, software, applications, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Service”), that are owned or operated by Lucerna LLC d/b/a Matchr (“Matchr,” “we,” “our,” or “us”), you are agreeing to be bound by these Terms of Use (“Terms”) and Lucerna LLC’s Privacy Policy and all other terms, policies and operating procedures that may be published on this website or provided in connection with particular services offered by Matchr, and all applicable laws and regulations, all of which are incorporated into these Terms by reference. If you do not agree to our Terms, do not use the Service. Your use of the Service constitutes your binding acceptance of these Terms, including any modifications that we make.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT OUR LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY US AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.
By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside. The Services are only offered and available to users who are at least eighteen (18) years of age or older. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU ARE NOT AUTHORIZED TO USE THE SERVICE.
These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.
Privacy.
We may collect certain types of personally identifiable information from you. Please review our Privacy Policy, which also governs your use of the Service and sets forth the information we may collect from you and how we will protect and use it.
Electronic Communication.
When you send emails to us or visit the website you are communicating with us electronically. By communicating with us via email or by submitting any request on the website, you agree that we may monitor your contact with our website and you agree that we may send email to you. You consent to receive email or other electronic communications from us. You agree that all agreements, notices, disclosures and any other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and/or that they be sent to the recipient’s last known address.
Ownership.
The content on the website, including, but not limited to, text, graphics, logos, images, audiovisual content, information, data compilations, software and the compilation of any of the foregoing (“Content”), is the property of Lucerna, LLC or its licensors and is protected by United States and international intellectual property laws. No copying, reproduction, modification, use, distribution or display of the material herein or thereon (regardless of the form or media and whether by download or otherwise) is permitted without the express written permission of Lucerna, LLC or its licensors (as applicable). You may not resell any of the services provided by Lucerna, LLC. You understand and agree that your use of the Service does not give you any right, title, or interest in any of the Content or any intellectual property rights related to the Content. All rights not expressly granted hereunder are expressly reserved to Lucerna, LLC and to the respective owners of such rights. If you believe your rights under applicable copyright laws are being infringed by Lucerna, LLC or by another person or entity using the website or Lucerna LLC’s services, utilize the DMCA procedures set forth below in these terms.
Matchr owns and uses several trademarks on the Service, along with related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of Matchr. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
Limited License.
- You have a limited right and license to access the website and temporarily download one copy of the materials (information or software) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
o Modify, copy, record, reproduce, screen capture, publicly display, or create derivative works of the Service or Content;- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile, reverse engineer, or otherwise extract the source code of any software contained on the Service;
- Remove any copyright or other proprietary notations from the materials;
- Transfer the materials to another person or “mirror” the materials on any other server;
- Use the Service in any way that violates any applicable federal, state, local, or international law or regulation;
- Use the Service in any way that restricts or inhibits anyone’s use or enjoyment of the Service or which may harm the Service or Matchr (as determined in Matchr’s sole discretion);
- Disable or circumvent, or attempt to disable or circumvent, any security or verification mechanisms used by the Service;
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service; the server on which the Service is stored; or any server, system, computer, network, or database connected to the Service through hacking, password mining, or any other means;
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack;
- Collect or store personal data about other users in connection with the prohibited activities described herein; or
- Use any part of the Service to train or develop any artificial intelligence or machine learning algorithms.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Lucerna, LLC at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer of Warranties.
The Content, materials, and information on the Service is provided “as is” and on an “as available” basis. Lucerna, LLC makes no warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, services or products included on or described on the Service. You expressly agree that your use of this website is at your sole risk. We do not warrant the completeness, accuracy, timeliness, or usefulness of any information on the Service, and any reliance you place on such information is strictly at your own risk. The information and material presented on or through the Service should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
To the fullest extent permissible by applicable law, Lucerna, LLC disclaims and negates all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Lucerna, LLC does not warrant that this website, its servers, the services provided or email sent from by or from Lucerna, LLC are error free or free of viruses or other harmful components. Lucerna LLC does not warrant that the service will be available, uninterrupted, or that you will achieve successful results from following any instructions or directions on the service. You agree that you must evaluate, and that you bear all risks associated with, the use of the service, including any reliance on the accuracy, completeness, timeliness, or usefulness of any information or materials made available through the service.
Lucerna, LLC does not warrant any particular software or hardware, will be compatible with the service, and you hereby agree that it is your sole responsibility to (a) obtain and pay for any software, hardware and services (including internet connectivity) needed to access and use the service and (b) ensure that any software, hardware, and services that you use will function correctly with the service.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We further reserve the right to limit the quantities of any products that we offer. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product or service obtained through the Service. You agree that any Matchr product or service obtained by you will only be used in a lawful manner. Matchr disclaims all liability and responsibility arising from any reliance placed on any materials or information on the Service. Additionally, to the extent that the Service includes content provided by third parties, you understand and agree that all statements and opinions expressed in such third-party information or materials are solely the statements, opinions, and responsibility of the third party providing such information or materials. Except as otherwise provided by us, these materials do not necessarily reflect the opinion of Matchr, and we are not responsible, or liable to you or any third party, for the content or accuracy of any information or materials provided by any third parties.
The exclusion of warranties shall not apply to the extent prohibited by law.
Limitation of Liability and Indemnity.
You expressly understand and agree that Lucerna, LLC shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages arising out of or in any way related to these Terms or the use of the Service, including, without limitation, damages for lost profits, goodwill, or other intangible losses (even if Lucerna, LLC has been advised of the possibility of such damages). To the extent that the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of Lucerna, LLC for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the services, this website or these terms of use shall be limited to direct damages actually incurred. This limitation of liability applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use or derive benefit from the Service, or any other matter arising from or relating to the Service. Because some jurisdictions or states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited waiver of the provisions of California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Indemnification.
You agree to indemnify and hold Lucerna, LLC and its affiliates harmless, and, at Lucerna, LLC’s request, to defend Lucerna, LLC and its affiliates from and against any allegation, claim, demand, cause of action, debt, loss or liability, including reasonable attorney’s fees, to the extent that such action is based upon, arises out of, or relates to a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the Service (c) your violation of any law or the rights of a third-party, or (d) the acts or omissions of any other user or third-party. If you fail to promptly indemnify and defend a covered claim, Lucerna, LLC shall have the right to defend itself, and in such case, you shall promptly reimburse Lucerna, LLC for all of its associated costs and expenses. Lucerna, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
Copyright Complaints and DMCA Agent.
Matchr complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.
DMCA Takedown Notices
Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Service. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Matchr has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Matchr to determine the legitimacy of the signature and the identity of the signatory;
- Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Matchr to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
- Information reasonably sufficient to permit Matchr to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”
Matchr Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando, FL 32804
407-906-1605
dmca@losey.law
Please note if any notification of claimed infringement does not meet the above requirements, Matchr has no responsibility to respond to or act on any such defective notification of claimed infringement.
DMCA Counter Notification
If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:
- Your physical or electronic signature, as well as information sufficient for Matchr to determine the legitimacy of the signature and the identity of the signatory;
- 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 to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Middle District of Florida, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.
Any such counter notification must be sent to:
Matchr Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando, FL 32804
407-906-1605
dmca@losey.law
Linking and Linked Sites.
Creating or maintaining any link to any page or portion of the Service, or running or displaying this Service or any Content in any format without Matchr’s prior written permission, is strictly prohibited. Any permitted links to this Service must comply with all applicable laws, rules, and regulations. In the event you are permitted to link to this Service, you must also do so in a way that is fair and legal and complies with our Terms, does not dishonestly damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in immediately ceasing any unauthorized display or linking of our Service or Content. We reserve the right to withdraw permission for linking and terminate any features or links without notice.
The Service may provide links to other third-party websites (“Linked Sites”), including but not limited to websites belonging to software providers referenced on the Service. Matchr has not reviewed the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site, or the privacy policies of any Linked Site. The content, materials, and information contained on any Linked Site is solely the responsibility of the provider of that Linked Site. Matchr is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by Matchr of any particular content on the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of Matchr.
If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply a sponsorship or affiliation with the third party or its products and services. Matchr makes no representation or warranty as to any Linked Site content, products, or services, and you agree that Matchr shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.
MATCHR SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL LOSS, OR OTHER DAMAGE, IN ANY WAY ARISING FROM, RELATED TO, OR BASED ON WHOLE OR IN PART UPON YOUR USE OF OR INTERACTION WITH ANY LINKED SITE.
Terms and Conditions of Use Modifications; Revisions and Errata.
Lucerna, LLC may revise these Terms at any time without notice. By using the Service you are agreeing to be bound by the then current version of these Terms. The failure of Lucerna LLC to enforce any term or condition set out in these Terms shall not be deemed waiver of such term or condition or a waiver of any other term or condition. These Terms and our Privacy Policy constitute the sole and entire agreement between you and Lucerna, LLC regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. You may be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotions. We further may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We may provide you information regarding the Service in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lucerna, LLC as a result of these Terms or use of the Service. Any provisions that, by their nature, are intended to survive shall survive any termination of these Terms.
Severability.
If any of these Terms and Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms and Conditions of Use.
Disputes.
Any dispute relating in any way to your visit to the Service or to products you license or purchase though Lucerna, LLC or any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (where Lucerna, LLC is named as a party) shall be submitted to arbitration in Orange County, Florida, pursuant to the commercial arbitration rules of the American Arbitration Association. This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
The arbitration shall be conducted before a single arbitrator, who shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms or these arbitration provisions, including but not limited to any claim that all or any part of these Terms is void or voidable.
The arbitration can resolve only your or our individual claims, and the arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.
The arbitrator shall issue a written award supported by a statement of decision in any dispute. The arbitrator shall also have the right to include in the award the prevailing party’s reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, provided that such prevailing party recovers an amount greater than the non-prevailing party’s last good-faith settlement offer (if any).
Notwithstanding the foregoing, Lucerna, LLC may seek injunctive relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. At your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding
If this arbitration agreement is found invalid or unenforceable for any reason, then any dispute between you and Lucerna, LLC shall be brought in the state or federal courts located in Orange County, Florida, and the parties consent to the jurisdiction and venue of such courts.
You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Service, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Governing Law.
Any claim relating to Lucerna, LLC’s website shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
Contact Us.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Complaints and DMCA Copyright Agent policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: info@matchr.com.