Introduction
Welcome to the website of Matrix Capital (the "Company," "we," "us," or "our"). These Terms of Use govern your use of our website located at www.matrixcapital.us (the "Site"), together with our lending services, investment services, and related services (together with the Site, the "Services").
Please read these Terms of Use carefully before using the Services. By accessing or using the Services, you signify that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to all of these terms, please discontinue accessing the Services immediately.
For purposes of these Terms of Use, the term "you" includes you and any of your agents, and any principal on whose behalf you are acting when accessing the Site. If you are accessing the Services on behalf of an LLC, corporation, partnership, trust, or other entity, you represent that you have the authority to agree to these Terms of Use on behalf of the entity.
1. Changes to Terms of Use
We may make changes to these Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Services for your review. You understand and agree that your continued use of the Services after we have made any such changes constitutes your acceptance of the new Terms of Use.
2. Eligibility
The Services are intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Services by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services, you represent and warrant that you are 18 or older.
If you violate any of these Terms of Use, we may terminate your account, delete your profile and any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Services, at any time in our sole discretion, with or without notice.
3. Registration Data and Account Security
You may be required to register with us in order to access and use certain features of the Services. In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
4. Content
This website is owned and operated by Matrix Capital and may provide general information about our products and services, including real estate lending, fund investment opportunities, and structured financing solutions. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance.
4.1 Third-Party Links
This website may contain links to third-party websites, such as social media websites, which we do not own or control, but which are provided for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms and conditions established by the operator of that website.
4.2 Accuracy of Information
Although we try to provide accurate and timely information on this website, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information on this website.
4.3 Intellectual Property
This website's content, including but not limited to all images, icons, text, software, logos, expressions, and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. Any commercial use of this website or its content is prohibited.
4.4 Proprietary Rights and Limited License
All content on the Services are the proprietary property of Matrix Capital with all rights reserved. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site solely for your personal use and not for distribution.
4.5 Trademark Rights
The name Matrix Capital and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Matrix Capital in the U.S. and/or other countries.
5. Accessing the Website
From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the website may not be available for your use. We minimize the periods of time during which the website is unavailable.
We may at any time, with or without cause, and without prior notice to you deny you access to the website. The website is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations.
6. Your Information
During the process of your loan application or investment account setup, you may submit certain information to us. We do not claim ownership of the materials you provide. However, by posting, uploading, inputting, providing, or submitting Your Information, you are granting us permission to use Your Information to fulfill your request for services.
7. Cellular Phone Contact Policy
By providing us with a telephone number for a mobile device, you are expressly consenting to receiving communications from us and our affiliates and agents at that number, about any product or services offered by Matrix Capital. This express consent applies to each such telephone number that you provide to us now or in the future.
You understand that you need not provide this consent as a condition of obtaining goods or services from Matrix Capital, and that you may decline to provide or revoke your consent at any time by emailing inquiry@matrixcapital.us.
8. User Representations and Conduct
You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party. Additionally, you agree not to use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services, including:
- (a) Uploading harmful, threatening, unlawful, defamatory, or objectionable content
- (b) Interfering with or disrupting the Services or servers
- (c) Registering for more than one account or on behalf of another individual
- (d) Impersonating any person or entity
- (e) Uploading unsolicited advertising, spam, or pyramid schemes
- (f) Making publicly available any private information of any third party
- (g) Soliciting personal information from anyone under 18
- (h) Uploading material containing software viruses
- (i) Intimidating or harassing other Users
- (j) Uploading content that would constitute a criminal offense
- (k) Using another's account without authorization
- (l) Using an account or the Services for any unlawful purpose
9. Disclaimers
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MATRIX CAPITAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Limitation of Liability
IN NO EVENT WILL MATRIX CAPITAL OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES.
11. Indemnity
You agree to release, indemnify and hold Matrix Capital, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Services.
12. Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Services, you agree that the laws of the State of California, without regard to any principles of conflict of laws, will govern these Terms of Use. You and Matrix Capital agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Orange County, California.
13. Arbitration
At our or your election, all disputes, claims, or controversies arising out of or relating to your use of the Services shall be resolved by final and binding arbitration to be conducted before the American Arbitration Association ("AAA").
YOU AND MATRIX CAPITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. Patriot Act
To help the government fight the funding of terrorism and money laundering activities, federal law requires we obtain, verify, and record information that identifies each person who creates a relationship. When you create a relationship with us, we may ask for your name, address, date of birth and/or other information that will allow us to identify you.
15. Miscellaneous
These Terms of Use constitute the entire agreement between you and Matrix Capital and govern your use of the Services. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect.