Effortless insurance for your home.

We integrate with your lender to simplify the homeowners insurance process.
Contact us
expand_more

Matic Insurance Terms of Use

Version 1.0
Effective Date: 10/1/2015
Last Updated Date: 10/6/2015

Welcome to Matic Insurance, a service operated by Matic Insurance Services, Inc. (“Matic”, “we”, “us”, or “our”). The following terms of use (“Terms of Use”) can feel like a legal document because, well, it is a legal document. If you're going to use our Application and/or Services, we recommend you read it, maybe even twice, because we want you to gain comfort and confidence in the agreement (and we know you are looking for some reading material to put you to sleep).

We operate a service in which we provide lenders and loan officers who have an agreement with us (“Matic Lenders”) tools to work with consumers like you. If you are reading this agreement, you are working with a Matic Lender and such Matic Lender wishes to share certain Lender Content (defined below) with you through either our Matic software application for mobile devices, including all enhancements, versions, and modifications to the foregoing (the “Application”), or our website or any other applications we support (collectively, with the Application, the “Services”).

If you are a Matic Lender (or acting on behalf of a Matic Lender), these Terms of Use do not apply to you and you should refer to the agreement such Matic Lender has with Matic.

BY CLICKING THE BUTTON BELOW LABELED “YES, I AGREE,” BY INSTALLING OR USING THE APPLICATION, OR BY ACCESSING OR USING THE SERVICES, YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS TERMS OF USE; (2) REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT; AND (3) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS TERMS OF USE, PERSONALLY OR IF YOU ARE ENTERING INTO THIS TERMS OF USE ON BEHALF OF AN ENTITY, ON BEHALF OF THAT COMPANY AND TO BIND SUCH COMPANY TO THE TERMS OF THIS TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST CLICK THE BUTTON LABELED “NO, I DO NOT AGREE,” IN WHICH CASE YOU WILL NOT BE PERMITTED TO USE THE APPLICATION OR TO ACCESS OR USE THE SERVICES. YOUR CLICKING ON THE “YES, I AGREE” BUTTON CONSTITUTES YOUR ELECTRONIC SIGNATURE ON THIS TERMS OF USE AND YOUR CONSENT TO EXECUTE THIS TERMS OF USE ELECTRONICALLY.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

We know that your privacy is important, so we created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY MATIC IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Matic will make a new copy of the Terms of Use available in the Services. We will also update the “Last Updated” date at the top of these Terms. Matic may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Application or the Services is permitted.

  1. Services.

    Our Role. Matic contracts with Matic Lenders to provide certain communication services on their behalf, but is not a lender itself. We do not accept loan applications, aid or assist borrowers in obtaining loans, solicit borrowers or lenders for loans, negotiate or make loans or credit decision in connection with loans. We may, however, make available offers from third party vendors related to the purchase of a home, such as home insurance. Matic does not endorse or recommend the products of any Matic Lenders or any other party, nor does it guarantee any specific terms and conditions on the Services will be honored. We assume no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the Matic Lenders, any offers included on the Services, and any interaction therewith (including any failure of any such third party to take any action).

    Maps.Certain features of the Services require access to and use of your device's maps features or other third party maps. Although you may decide whether or not to use these features, any use of those features will be subject to the terms and conditions applicable to such maps and application. Any use of Google Maps is subject to Google’s terms of use, located at http://www.google.com/intl/enus/help/termsmaps.html.

    Sharing Information. Our Services are designed for individuals to contact and communicate with the Matic Lender with which they are associated. You acknowledge and agree that when you use the Services to connect with a Matic Lender, we may share any data or personal information provided by, or obtained from, you, with such Matic Lender, and we do not and will not control how the Matic Lender may use such information.

  2. Use of the Services and Matic Materials. The Application and the information and content available in the Services (as defined below) (collectively, the “Matic Materials”) are protected by copyright laws throughout the world and subject to other intellectual property and proprietary rights and laws. Subject to these Terms, Matic grants you a limited license to reproduce portions of the Matic Materials for your internal use.

    Registering your Account. In order to access certain features of the Services you may be required to register with Matic and create an “Account”. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Matic Materials or the Services by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or Matic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Matic has the right to suspend or terminate your Account and refuse any and all current or future use of the Matic Materials and/or the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. Matic reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Matic Materials and/or the Services if you have been previously removed by Matic, or if you have been previously banned from the Services. You may need a separate account for each Matic Lender.

    Activities Under your Account. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify Matic immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.

    Updates. You understand that the Application and the Services are evolving. As a result, Matic may require you to accept updates to the Application or other software that you have installed on your computer or mobile device. You acknowledge and agree that Matic may update the Application with or without notifying you.

    Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially any Matic Materials, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Matic Materials (including images, text, page layout or form) of Matic; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Matic Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services; (e) access the Matic Materials in order to build a similar or competitive website, application or service; (f) except as expressly stated herein, no part of the Matic Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Matic Materials. Any future release, update or other addition to the Matic Materials shall be subject to these Terms. Matic, its suppliers and service providers reserve all rights not granted in these Terms. Any unauthorized use of the Application or the Services terminates the licenses granted by Matic pursuant to these Terms.

    Updates. You understand that the Application and the Services are evolving. As a result, Matic may require you to accept updates to the Application or other software that you have installed on your computer or mobile device. You acknowledge and agree that Matic may update the Application with or without notifying you.

    Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially any Matic Materials, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Matic Materials (including images, text, page layout or form) of Matic; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Matic Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services; (e) access the Matic Materials in order to build a similar or competitive website, application or service; (f) except as expressly stated herein, no part of the Matic Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Matic Materials. Any future release, update or other addition to the Matic Materials shall be subject to these Terms. Matic, its suppliers and service providers reserve all rights not granted in these Terms. Any unauthorized use of the Application or the Services terminates the licenses granted by Matic pursuant to these Terms.

    Third Party Accounts. You may also link your Account with an account on a third party service (“Third-Party Accounts”) by allowing Matic to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant Matic access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Matic to pay any fees or making Matic subject to any usage limitations imposed by such third-party service providers. By granting Matic access to any Third-Party Accounts, you understand that Matic may access, make available and store (if applicable) Content that you have provided to and stored in your Third-Party Account (“Third-Party Content”) so that it is available on and through the Services via your Account. All Third-Party Content shall be considered to be Your Content (as defined below) for all purposes of the Terms. Please note that if a Third-Party Account or associated service becomes unavailable or Matic’s access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Content will no longer be available on and through the Website. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND MATIC DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Matic makes no effort to review any Third-Party Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Matic is not responsible for any Third-Party Content

    Third Party Materials. As a part of the Matic Materials, you may have access to materials that are hosted by another party, including a Lender. You agree that it is impossible for Matic to monitor such materials and that you access these materials at your own risk.

    Necessary Equipment. You must provide all equipment and software necessary to connect to the Matic Materials and the Services, including but not limited to, a mobile device that is suitable to connect with and use the Matic Materials and the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Matic Materials and the Services. You may need to update third party software from time to time in order to receive the Services or use the Application.

  3. Responsibility for Content.

    Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, and/or other materials accessible through the Services, whether publicly posted or privately transmitted, including the Matic Materials (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not Matic, are entirely responsible for all Content that you upload, e-mail, transmit or otherwise make available (“Make Available”) through the Services or the Application (“Your Content”), and Lenders, and not Matic, are similarly responsible for all Content they Make Available through the Services or the Application (“Lender Content”).

    No Obligation to Pre-Screen Content. You acknowledge that Matic has no obligation to pre-screen Content (including, but not limited to, Your Content and Lender Content), although Matic reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into this EULA, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Matic pre-screens, refuses or removes any Content, you acknowledge that Matic will do so for Matic’s benefit, not yours. Without limiting the foregoing, Matic shall have the right to remove any Content that violates this EULA or is otherwise objectionable.

    Storage. Unless expressly agreed to by Matic in writing elsewhere, Matic has no obligation to store any of Your Content that you Make Available on the Application or via the Services. Matic has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Matic retains the right to create reasonable limits on Matic’ use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Matic in its sole discretion.

  4. Ownership.

    Matic Materials. Except with respect to Your Content and Lender Content, you agree that Matic and its suppliers own all rights, title and interest in the Website, the Services, and the Matic Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the Matic Materials.

    Your Content. Matic does not claim ownership of Your Content. However, when you as a User post or transmit Your Content through the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in 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 worldwide intellectual property right that may exist in Your Content.

    Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Matic through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Matic has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Matic a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website, the Application and the Services

    Third-Party Websites & Ads. The Matic Materials may contain links to third-party websites (“Third Party Websites”) and advertisements for third parties (collectively, “Third Party Websites & Ads”). When you click on a link to a Third Party Website or Ad, we will not warn you that you have left our Services and are subject to these Terms and conditions (including privacy policies) of another website or destination. Such Third Party Websites are not under the control of Matic. Matic is not responsible for any Third Party Websites & Ads. Matic provides these Third Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites & Ads, or their products or services. You use all links in Third Party Websites & Ads at your own risk. When you leave our Services, our Terms of Use and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

  5. Mobile Application.

    License. Subject to your compliance with these Terms, Matic grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely to access the Service your own internal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

    App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores ( “App Store”). You acknowledge that these Terms are between you and Matic and not with the App Store. Matic, not the App Store, is solely responsible for the Services and Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Application and the Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.

    Accessing and Download the Application from iTunes. The following applies to any Application accessed through or downloaded from the Apple App Store:

    You acknowledge and agree that (i) the Terms are concluded between you and Matic only, and not Apple, and (ii) Matic, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

    You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

    In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Matic and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Matic.

    You and Matic acknowledge that, as between Matic and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    You and Matic acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Matic and Apple, Matic, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

    You and Matic acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

    Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

    Open-Source Software. Certain software code incorporated into or distributed with the Application may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under Section 5.1 and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

    Media Uploads. Certain features of the Services through the Application require access to and use of your mobile device's media storage applications (e.g., to use a photo in your image gallery). Although you may decide whether or not to use these features, on Android devices you grant us permission to access this feature as part of the installation process. If you later decide to revoke this permission, you can do so by following the standard uninstall process and removing the Application from your device. Alternatively, on iOS devices, you can grant or revoke your consent at any time and prevent us from continuing to access your media storage applications by changing the settings on your device. You hereby authorize the Application to access such components of your mobile device. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES MEDIA MAY BE SENT FROM YOUR MOBILE DEVICE TO MATIC AND YOU ACCEPT SUCH TRANSMISSION AS A CONDITION OF USAGE. All media you upload will be part of Your Content (as defined below).

  6. User Conduct.

    Unauthorized Use or Access. You agree that you will not, under any circumstances:

    Interfere or attempt to interfere with the proper functioning of the Application, Services or Matic Materials or connect to or use the Application, Services or Matic Materials in any way not expressly permitted by these Terms;

    Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Services, whether through the use of a network analyzer, packet sniffer or other device;

    Bypass any measures Matic takes to restrict access to the Services or Matic Materials or use any software, technology or device to send content or messages, scrape, spider or crawl the Services or Matic Materials or harvest or manipulate data;

    Use, facilitate, create, or maintain any unauthorized connection to the Services or Matic Materials, including, but not limited to: (a) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Services or Matic Materials; or (b) any connection using programs, tools or software not expressly approved by Matic;

    Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Application, Services or Matic Materials, or to obtain any information from the Application, Services or Matic Materials;

    Upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

    _Release_. If you have a dispute with a Matic Lender, you release Matic and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Matic Parties”) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not now or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”.

  7. Indemnification. You agree to indemnify and hold Matic Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, the Application or the Services; (b) your violation of these Terms; or (c) your violation of any rights of another party. Matic reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Matic in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account or the Services.

  8. Disclaimer of Warranties.

    AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK, AND THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. MATIC PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    THE MATIC PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE APPLICATION OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE APPLICATION OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE APPLICATION OR THE SERVICES WILL BE CORRECTED.

    ANY LENDER CONTENT OR MATIC MATERIALS DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE APPLICATION OR THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE APPLICATION OR THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH LENDER CONTENT.

    THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. MATIC MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

    FROM TIME TO TIME, MATIC MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT MATIC’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

    NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE MATIC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE MATIC PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

    NO LIABILITY FOR CONDUCT OF MATIC LENDERS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH MATIC LENDERS THROUGH THE APPLICATION AND THE SERVICES. YOU UNDERSTAND THAT MATIC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MATIC LENDERS.

  9. LIMITATION OF LIABILITY.

    DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MATIC PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, THE SERVICES OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH MATIC LENDERS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION OR THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE APPLICATION OR THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

    CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL THE MATIC PARTIES BE LIABLE TO YOU IN THE AGGREGATE FOR MORE THAN TEN DOLLARS ($10.00).

    LENDER CONTENT. THE MATIC PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, LENDER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

    BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MATIC AND YOU.

  10. Term and Termination.

    Term. These Terms will commence on the date when you accept it (as described in the preamble above) and remain in full force and effect until terminated in accordance with this Section 10.

    Termination of Services by Matic. Matic has the right to suspend or terminate any Services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in Matic’s sole discretion and that Matic shall not be liable to you or any third party for any termination of your Account.

    Termination of Services by You. If you want to terminate any Services provided by Matic, you may do so by (a) notifying Matic at any time and (b) deleting the Application from your mobile device and closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Matic's address set forth below.

    Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Lender Content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. All provisions of these Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

  11. Remedies.

    Violations. If Matic becomes aware of any possible violations by you of these Terms, Matic reserves the right to investigate such violations. If, as a result of the investigation, Matic believes that criminal activity has occurred, Matic reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Matic is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Application or in the Services in Matic’s possession in connection with your use of the Application or the Services, to (1) comply with applicable laws, legal process or governmental request; (2) enforce these Terms; (3) respond to your requests for customer service; or (4) protect the rights, property or personal safety of Matic or the public, and all enforcement or other government officials, as Matic in its sole discretion believes to be necessary or appropriate.

    Breach. In the event that Matic determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Application, the Services, Matic reserves the right to:

    Warn you via e-mail (to any e-mail address you have provided to Matic) that you have violated these Terms;

    Discontinue your access to any Services;

    Notify and/or send Lender Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

    Pursue any other action which Matic deems to be appropriate.

  12. International Users. The Services are intended for use only in the United States but can be accessed from countries around the world and may contain references to services and content that is not available in your country. These references do not imply that Matic intends to announce such services or content in your country. The Services are controlled and offered by Matic from its facilities in the United States of America. Matic makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  13. General Provisions.

    Electronic Communications. The communications between you and Matic use electronic means, whether you use the App or send Matic e-mails, or whether Matic posts notices on the App or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Matic in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Matic provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

    Release. You hereby release the Matic Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of Matic Lenders or third party websites of any kind arising in connection with or as a result of your breach of these Terms or your use of the Application or the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

    Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Matic’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

    Force Majeure. Matic shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

    Dispute Resolution. If you believe that Matic has not adhered to these Terms, please contact Matic by emailing us at hello@getmatic.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

    Choice of Law and Venue. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

    Limitations Period. YOU AND MATIC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE APPLICATION, THE SERVICES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Matic and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Matic that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Matic, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

    Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Matic should be sent to: Matic Home Inc., 15335 Morrison Street, Suite 225, Sherman Oaks, CA 91403, Attn: Legal. After the Notice is received, you and Matic may attempt to resolve the claim or dispute informally. If you and Matic do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

    Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

    Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Matic, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Matic.

    Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Matic in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MATIC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

    Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

    Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

    Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Arbitration Agreement.

    Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Matic.

    Small Claims Court. Notwithstanding the foregoing, either you or Matic may bring an individual action in small claims court.

    Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

    Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles, California, for such purpose.

    Choice of Language. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.

    Notice. Where Matic requires that you provide an e-mail address, you are responsible for providing Matic with your most current e-mail address. In the event that the last e-mail address you provided to Matic is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Matic’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Matic at the following address: Matic Home Inc., 15335 Morrison Street, Suite 225, Sherman Oaks, CA 91403, Attn: Legal Such notice shall be deemed given when received by Matic by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

    Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

    Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

    Export Control. You may not use, export, import, or transfer the Matic Materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Matic Materials, and any other applicable laws. In particular, but without limitation, the Matic Materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Matic Materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Matic Materials for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Matic are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Matic products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

    Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.