Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and Matmo LLC ("Matmo," "we," "us" or "our"). By accessing or using matmomarketing.com, submitting an inquiry, purchasing or participating in a programme, or otherwise using a service to which these Terms are presented, you agree to these Terms and our Privacy Policy.

If you use the website or a service for a company or other organization, you represent that you have authority to bind that organization, and "you" includes that organization. You must be at least 18 years old and legally capable of entering into a binding agreement. If you do not agree to these Terms or lack the necessary authority, do not use the website or service.

2. About the company

Matmo LLC is a limited liability company organized in the State of New Mexico, United States. Our registered office is at 5203 Juan Tabo Blvd, STE 2B, Albuquerque, New Mexico 87111, United States.

Matmo provides marketing, education and consulting to businesses that sell knowledge online. We own and license education brands, deliver training and consulting programmes, and provide marketing services involving demand generation, conversion systems, CRM and lifecycle operations, and measurement.

3. Scope of services

Our work may include marketing strategy and execution, demand generation, conversion systems, CRM and lifecycle services, measurement, education programmes, training and consulting. The exact scope, deliverables, responsibilities, timetable and commercial terms of any engagement will be set out in a separate written proposal, order, statement of work, programme terms or other agreement accepted by the parties.

This website is provided for general informational purposes. Website descriptions, examples, frameworks and invitations to contact us are not an offer, promise or commitment to provide any service on any particular terms. An engagement begins only when the applicable agreement or order has been accepted and any stated starting conditions have been met.

4. Website use and acceptable use

Subject to these Terms, Matmo grants you a limited, revocable, non-exclusive and non-transferable right to access and use the website for lawful business and informational purposes. You are responsible for your activity, the accuracy of information you submit, and maintaining the confidentiality of any credentials issued to you.

You must not, and must not assist another person to:

• use the website or any service in violation of law, regulation, third-party rights or these Terms;
• gain or attempt to gain unauthorized access to an account, system, network, data or restricted part of the website;
• introduce malware, interfere with operation or security, overload infrastructure, or circumvent an access or use restriction;
• scrape, crawl, harvest or extract content or personal information by automated means except as expressly authorized in writing;
• impersonate another person, misrepresent affiliation, submit unlawful or deceptive material, or use the website to send spam;
• reverse engineer, decompile or attempt to discover source code except to the limited extent a restriction is prohibited by law; or
• use website content or a service to build, train or improve a competing product, service, dataset or model without our written permission.

5. Intellectual property and licensed content

Matmo and its licensors retain all right, title and interest in the website, education brands, course and programme materials, training methods, text, graphics, recordings, templates, frameworks, software, designs, trademarks and other content made available by or through us, together with all related intellectual property rights. Nothing in these Terms transfers ownership of that material to you.

Unless a separate written agreement expressly states otherwise, purchasing a programme grants the named participant a limited, personal, non-exclusive, non-transferable and revocable license to access and use the included materials for that participant's own internal learning and business purposes. You may not reproduce, record, publish, distribute, sublicense, sell, resell, share access to, create derivative commercial products from, or otherwise exploit course or programme materials without our prior written permission.

You retain ownership of materials you lawfully provide to us. You grant Matmo the limited rights necessary to host, copy, use, modify and transmit those materials solely to perform the applicable service, operate the programme, comply with law and enforce our agreements. You represent that you have all rights and permissions needed for us to do so.

6. Client engagements and separate agreements

Marketing, education and consulting engagements may be governed by a signed agreement, accepted proposal, statement of work, order form, programme terms or other written terms. Those documents may address deliverables, client dependencies, approvals, fees, intellectual property, confidentiality, data processing, warranties, liability and termination in greater detail.

If a signed or otherwise accepted written agreement conflicts with these Terms, that separate agreement prevails for the subject matter of that engagement. These Terms continue to govern website use and matters not addressed by the separate agreement. A conversation, draft, estimate or proposal that has not been accepted does not by itself create an obligation to provide services.

7. Payments and billing

Fees, payment dates, currencies, taxes, refund rights and any recurring or installment arrangements are stated in the applicable order, programme terms or client agreement. You agree to provide accurate billing information, pay amounts when due, and remain responsible for applicable taxes other than taxes imposed on Matmo's net income, unless the controlling agreement or law provides otherwise.

For some programmes, a separate partner company acts as payment collection agent. That company may collect or process the payment, send transaction communications, administer reconciliation or refunds, and appear on your card or bank statement instead of Matmo or the relevant education brand. Its appearance on a statement does not change the identity of the programme provider or the terms governing your purchase.

Direct billing questions, including questions about an unfamiliar statement descriptor, to info@matmomarketing.com or to the postal address in Section 18. Do not send full payment card details by email or through a general contact form. A disputed charge does not relieve you of an undisputed payment obligation.

8. No guarantee of results

Matmo makes no earnings, revenue, profit, lead-volume, conversion, advertising-performance or other commercial-results guarantee. Case studies, examples, projections, forecasts, testimonials, frameworks and discussions of prior performance are illustrative only and do not promise that you will achieve the same or any particular outcome.

Results depend on factors outside our control, including your offer, pricing, market conditions, audience, budget, sales execution, implementation, approvals, personnel, technology, third-party platforms and regulatory changes. You remain responsible for business decisions and for evaluating whether a strategy, campaign or programme is suitable for your circumstances.

Nothing on the website or in our marketing, education or consulting materials is investment, tax or legal advice. You should obtain advice from appropriately qualified professionals before acting on matters requiring that expertise.

9. Third-party platforms

Our website, programmes and services may depend on or link to third-party platforms, including advertising networks, CRM systems, analytics services, payment pages, communications tools, social media services and learning or video platforms. Your use of a third-party platform is governed by that provider's terms, policies, availability and fees.

We do not control and are not responsible for a third party's systems, content, security, decisions, outages, suspensions, algorithm changes, account restrictions or data practices. Where an engagement requires access to a client-controlled account, you are responsible for maintaining the account, securing necessary permissions, complying with platform rules and promptly notifying us of access changes or restrictions.

10. Disclaimer of warranties

To the fullest extent permitted by law, the website and all content made available through it are provided "as is" and "as available." Matmo disclaims all express, implied and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment and any warranty arising from course of dealing or usage of trade.

We do not warrant that the website or any third-party-dependent service will be uninterrupted, error-free, secure or free of harmful components; that information will be complete or current; or that defects will be corrected. Any warranties applicable to a paid client engagement are only those expressly stated in the controlling written agreement. Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

11. Limitation of liability

To the fullest extent permitted by law, Matmo and its members, managers, personnel, contractors and licensors will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, or for lost profits, revenue, business opportunities, goodwill, data or anticipated savings, arising out of or related to the website, services or these Terms, even if advised that such damages were possible.

To the fullest extent permitted by law, Matmo's aggregate liability arising out of or relating to a paid service will not exceed the fees actually paid to Matmo for the specific service giving rise to the claim during the twelve months before the event giving rise to liability. For a claim relating only to free website use, Matmo's aggregate liability will not exceed the amount, if any, you paid to Matmo specifically for that website use.

The exclusions and limits in this section apply regardless of the form of action and allocate risk between the parties. They do not exclude or limit liability that cannot lawfully be excluded or limited, including liability to the extent caused by fraud or willful misconduct where applicable law does not permit limitation.

12. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless Matmo and its members, managers, personnel and contractors from third-party claims, liabilities, judgments, losses, damages, costs and reasonable legal fees arising out of or relating to your unlawful or unauthorized use of the website or services, your breach of these Terms, or materials and instructions you provide to us.

We will provide reasonable notice of a covered claim and reasonable cooperation at your expense. You may not settle a claim in a way that admits fault by, imposes an obligation on, or fails to fully release Matmo without our prior written consent. Matmo may participate in the defense with counsel of its choice. Any different indemnification arrangement in a controlling client agreement prevails for that engagement.

13. Confidentiality

In a business engagement, either party may receive non-public information identified as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. The receiving party will use such information only for the engagement, protect it with reasonable care, and disclose it only to personnel, contractors and advisers who need it for that purpose and are subject to confidentiality duties.

Confidential information does not include information that the receiving party can demonstrate was lawfully known without restriction, becomes public through no breach, is received lawfully from another source without a duty of confidentiality, or is independently developed without use of the confidential information. A party may disclose information when required by law or valid legal process, provided it gives notice where legally permitted and reasonably cooperates in seeking protective treatment.

This section does not replace any nondisclosure or confidentiality provision in a separate agreement. Information submitted through a general website form should be limited to what is reasonably necessary for the inquiry; do not submit trade secrets or highly sensitive information until appropriate arrangements are in place.

14. Term and termination

These Terms begin when you first access or use the website or applicable service and continue while you do so. You may stop using the website at any time. The duration and termination rights for a paid programme or client engagement are governed by the applicable separate agreement or programme terms.

We may suspend or terminate access to the website or a service if we reasonably believe you have breached these Terms, created a security or legal risk, failed to pay an undisputed amount when due, or used a service unlawfully. Where practicable and appropriate, we will give notice and an opportunity to address the issue. Termination does not affect accrued rights or payment obligations.

Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, payment obligations, no guarantee of results, disclaimers, limitation of liability, indemnification, confidentiality, dispute resolution and general provisions.

15. Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them, the website or a service are governed by the laws of the State of New Mexico, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a claim, each party will make a good-faith effort to resolve the dispute by giving the other written notice describing the issue and requested resolution and allowing a reasonable opportunity to respond. If the dispute is not resolved, each party submits to the exclusive jurisdiction and venue of the state and federal courts located in Bernalillo County, New Mexico, and waives any objection based on inconvenient forum, except where applicable law does not permit that waiver.

Nothing in this section prevents either party from seeking temporary or injunctive relief to protect intellectual property, confidential information or system security. A separate signed agreement may establish a different dispute-resolution process for the engagement it governs.

16. Changes to these terms

We may update these Terms to reflect changes in our website, services, business practices or legal obligations. We will post the revised Terms and update the "Last updated" date above. Changes apply from the stated effective date.

If a change materially affects an existing paid service, we will provide additional notice where required and will not retroactively alter agreed commercial terms unless the controlling agreement or law permits it. Continued use after the effective date constitutes acceptance of the revised Terms; if you do not agree, you must stop using the affected website or service.

17. Severability, entire agreement, assignment and no waiver

If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. These Terms, the Privacy Policy, and any applicable accepted written agreement constitute the entire agreement concerning their subject matter and supersede prior or contemporaneous communications on that subject.

You may not assign or transfer these Terms or any right under them without our prior written consent. Matmo may assign these Terms in connection with a merger, reorganization, sale of assets or business, or by operation of law. An assignment that violates this paragraph is void to the extent permitted by law.

A failure or delay to enforce a provision is not a waiver, and a waiver is effective only if in writing and limited to the specific instance. Section headings are for convenience only. "Including" means "including without limitation," and electronic communications and acceptances may satisfy a writing requirement where permitted by law.

18. Contact

For questions about these Terms, a service or billing, contact Matmo LLC at:

Matmo LLC
5203 Juan Tabo Blvd, STE 2B
Albuquerque, New Mexico 87111
United States
Email: info@matmomarketing.com

You may also use our contact page. Notices concerning a dispute or legal claim should clearly identify the sender, the relevant agreement or transaction, the nature of the issue and the requested resolution.

These Terms of Service are provided for information and should be reviewed by qualified counsel before publication.