Please read these terms of use (“Terms”) carefully before participating in the Maatiam Program (as defined below) and/or using the web site located at Maatiam.com (“Maatiam Site”). By checking “I Agree” and participating in the Program and/or using the Maatiam Site, you signify your assent to these Terms. If you do not agree to these Terms, you may not participate in the Program or use the Maatiam Site. Maatiam reserves the right, in its sole discretion, to change, modify, add to or remove portions of these Terms at any time. If you continue to use the Maatiam Site and/or participate in the Program following the posting of any changes to the Terms, your continued use or participation will mean you accept any such changes and agree to be bound by the new Terms. Please check these Terms periodically for changes. You can review the most current version of these Terms at any time on the Maatiam Site.
Please also review the Privacy Policy posted on the Maatiam Site to understand Maatiam’s privacy practices. You agree that the Privacy Policy is incorporated in these Terms.
All references to “Maatiam” in these Terms are intended to refer to Maatiam, Inc. All references to “you” and “your” in these Terms are intended to refer to the User (as defined below) who accepts these Terms by checking “I Agree” at sign up and/or using the Maatiam Site.
A. The Maatiam Program
The Maatiam Program (“Program”) is defined as follows: Visitors to the Maatiam Site ("Users") may select a nonprofit organization from a list of such organizations on the Maatiam Site (“Enrolled Organizations”). Users may then use the Maatiam Site to access the web sites of third party merchants with which Maatiam has entered into a referral agreement ("Merchants") and purchase certain goods or services from such Merchants' web sites. When a User purchases goods or services from a Merchant, Maatiam shall make a contribution to the selected Enrolled Organization, with such contribution calculated as a percentage of the User’s purchase. This percentage varies depending on the Merchant and depending on the goods or services purchased, and shall be determined based on the percentages listed on the Maatiam Site at the time of the User's purchase. Maatiam is able to make these contributions due to referral fees paid by Merchants to Maatiam for User purchases. Maatiam retains a portion of these referral fees to finance its operations. Contributions are disbursed to Enrolled Organizations on a quarterly basis, approximately sixty (60) days following the end of each calendar quarter. Maatiam will not make a quarterly disbursement of less than fifty (50) dollars to any Enrolled Organization; funds will carry over to subsequent quarters until fifty (50) dollars accrues.
A contribution may be subject to adjustment in the event of returns by a User, and may also be subject to other terms and conditions between Maatiam and the Merchant. In the event an Enrolled Organization ceases operations prior to accrual of a disbursement, Maatiam reserves the right to select, in its sole discretion, one or more other Enrolled Organizations to receive any contributions then payable. Participating Merchants may change from time to time without notice.
B. Tax Information
Users are not authorized to make any representations or warranties to an Enrolled Organization regarding the Program. Contributions associated with the Program are made by Maatiam and are not tax-deductible by Users. The U.S. Internal Revenue Service limits tax deductibility for donations to the amount paid over and above the fair market price for an item. Since the prices Users pay when buying from Merchants are the same as they would be if purchased directly without Program participation, no tax-deductible event occurs. YOU AGREE THAT NOTHING IN THESE TERMS CONSTITUTES TAX OR LEGAL ADVICE, THAT ANY LANGUAGE CONCERNING TAX DEDUCTIONS IS INCLUDED FOR INFORMATION PURPOSES ONLY, AND THAT YOU WILL NOT RELY ON ANY SUCH INFORMATION.
C. Merchant Policies
Users who buy products or services from Merchants will be deemed to be customers of Merchant. All rules, policies (including privacy policies) and procedures of a Merchant will apply to Users while on such Merchant's web site or in a retail store. Users are responsible for familiarizing themselves with any applicable Merchant policies and procedures. Maatiam is not responsible for information provided by Merchants to Users. Merchants and Maatiam are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
D. GuideStar
Users acknowledge that certain data available or otherwise accessible on or by means of this web site is provided pursuant to a license agreement with Philanthropic Research, Inc. (“GuideStar”). By agreeing to the terms of this Agreement, user shall be deemed to agree to be bound by the provisions of the User Agreement of GuideStar attached or appended hereto, as the same may be amended from time to time, with references to the “GuideStar Site” therein deemed to refer to any data obtained from or by means of an interface or link with GuideStar’s web site and any related services (collectively, “GuideStar Data”), and that the terms of the GuideStar User Agreement shall apply to users and their use of any GuideStar Data; provided that, notwithstanding anything in such User Agreement to the contrary, (i) the only “Permitted Use” of the GuideStar Data shall be to learn about nonprofit organizations for the purposes of evaluating them as recipients of personal charitable donations; and (ii) users will not be required to complete GuideStar’s registration process to access such GuideStar Data through this web site. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, each of Maatiam and users acknowledges and agrees that Maatiam (and its successors and assigns), a licensor of Maatiam, is an intended third party beneficiary with full power and authority to enforce the provisions hereof to its benefit as it were a party hereto. Users agree that GuideStar may share any information provided by users to Maatiam or otherwise related to their use of any GuideStar Data, with GuideStar.
E. Third-Party Web Site Policies
Access to any other web site linked to or from the Maatiam Site is at your own risk. Users should be aware that linked web sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Maatiam Site. Maatiam is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
F. Restrictions
You agree not to use the Maatiam Site or participate in the Program for any illegal purpose and to adhere to these Terms. You agree not to provide any information to Maatiam that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose including, but not limited to, sending material to Maatiam from a false or anonymous e-mail address. In addition, you agree not to use the Maatiam Site to send unsolicited commercial e-mail messages. When participating in the Program, Users are subject to any guidelines, rules, and licenses found on the Maatiam Site. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in these Terms.
G. Intellectual Property
The content, information, software, images, files, logos, service names, graphics, text, documents and services offered on the Maatiam Site ("Materials"), as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials may violate such laws and these Terms. Except as expressly provided herein, Maatiam does not grant any express or implied rights to use the Materials. Maatiam is a trademark or registered trademark of Maatiam, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.
H. Term and Termination
Either Maatiam or you may terminate these Terms, your participation in the Program, and your access to the Maatiam Site at any time, with or without cause. Sections B, H, I, J and K will survive.
I. Disclaimers
YOU AGREE THAT PARTICIPATION IN THE PROGRAM IS SOLELY AT YOUR OWN RISK AND THAT THE PROGRAM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) Maatiam DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANYTHING OFFERED BY MERCHANTS ACCESSIBLE THROUGH LINKS ON THE SITE; (II) Maatiam MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (III) Maatiam IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN USERS AND MERCHANTS, AND (IV) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PROGRAM OR SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR ACCEPTANCE OF THESE TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Maatiam, ITS AGENTS, DISTRIBUTORS, OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU AGREE THAT NOTHING IN THESE TERMS CONSTITUTES TAX OR LEGAL ADVICE, THAT ANY LANGUAGE CONCERNING TAX DEDUCTIONS IS INCLUDED FOR INFORMATION PURPOSES ONLY, AND THAT YOU WILL NOT RELY ON ANY SUCH INFORMATION.
J. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, Maatiam WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, THE Maatiam SITE, OR A FAILURE TO MAKE A CONTRIBUTION TO ANY ENROLLED ORGANIZATION. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, OTHER TORT, OR ANY OTHER THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Maatiam HAS BEEN ADVISED OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE TERMS AND THE Maatiam PROGRAM WILL NOT EXCEED THE AMOUNT OF CONTRIBUTIONS GENERATED BY YOUR PURCHASES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
K. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on the Maatiam Site may refer to products, programs or services that are not available in your country. You may contact Maatiam directly for information regarding the products, programs and services that may be available to you.
The Maatiam Site is controlled, operated, and administered by Maatiam from its offices within the United States of America. Maatiam makes no representation that this Maatiam Site or the Program are appropriate or available for use at other locations outside the United States, and access to the Maatiam Site from territories where the Maatiam Site or the Program is illegal is prohibited. If you access the Maatiam Site or participate in the Program from a location outside the United States, you are responsible for compliance with all local laws where you reside.
L. Miscellaneous
These Terms are personal to you and you may not assign or transfer these Terms under any circumstances. You agree that these Terms and all incorporated agreements and policies may be automatically assigned by Maatiam, in its sole discretion, to a third party in the event of a merger, acquisition or bankruptcy.
These Terms will be governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Santa Clara County, California under the Rules of the American Arbitration Association by one (1) arbitrator appointed in accordance with said rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
These Terms constitute the entire agreement between Maatiam and you with respect to use of the Maatiam Site and participation in the Program. Maatiam’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of these Terms will be enforceable to the fullest extent permitted by law.
M. Contact Information
All questions concerning these Terms may be sent via website's Contact Us page.