Terms and Conditions
Website Terms and Conditions of Use
Welcome to the matoemparts.com website (the “Website”). The Website is comprised of various web pages operated by MAT Industries, LLC (and/or its affiliates) (“MAT”', “us” or “our”). The Website is made available to you (“you” or “your”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (these “Terms of Use”). Your use of the Website constitutes your agreement to all such Terms of Use and creates a contract between you and MAT. Please read these terms carefully and keep a copy of them for your reference.
By using or visiting the Website, you expressly agree to be bound by these Terms of Use and all applicable laws and regulations governing the Website. If you do not accept these Terms of Use or you do not comply with their provisions, you may not use the Website. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE. If you violate these Terms of Use, MAT may terminate your use of the Website, bar you from future use of the Website, and/or take appropriate legal action against you.
MAT may, at any time, for any reason and without prior notice, make changes to these Terms of Use (“Modifications”). Any such Modifications will take effect when posted to or otherwise made available on the Website. Therefore, each time you access the Website, you need to review the terms and conditions upon which access and use of this Website is conditioned. Any use of the Website by you following the effective date of any Modifications shall constitute acceptance by you of these Terms of Use, as amended by the Modifications.
E-Commerce Site
The Website accommodates an online ecommerce parts ordering system, for customers, dealers, and other partners, to quickly order service parts online. It will allow customers to easily find needed service parts by drilling down into an exploded view manual, clicking on the intended part and placing it in a shopping cart for their intended purchase.
Unless otherwise stated in an express written agreement signed by MAT, the terms and conditions contained in MAT’s standard terms and conditions of sale, as amended from time to time, shall apply to all purchase transactions initiated through the Website. Our terms and conditions of sale may vary depending upon the country from which you are purchasing or the affiliate with whom you do business.
MAT requires that all purchases be made either: (i) by individuals 18 years of age or older, or (ii) by minors under 18, through an authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE PRODUCTS FROM OUR WEBSITE, YOU ARE REPRESENTING TO US THAT YOU ARE EITHER (I) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO IS PURCHASING THROUGH AN AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
Privacy
Your use of the Website is subject to MAT’s Privacy Policy. The Privacy Policy, as may be amended from time to time, is hereby incorporated by reference.
Electronic Communications
Visiting the Website or sending emails to MAT constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, shall satisfy any legal requirement that such communications be in writing. You acknowledge and agree that receipt of e-mail notifications is dependent on the operation and service of your device provider. We will not be responsible or liable for any costs or damages incurred by you not receiving email notifications or by the insufficient operation of your device, network, internet service provider or phone company. You may opt out of receiving email notifications at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of email notifications.
Your Account
If you register for an account with this Website, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MAT is not responsible for any third party access to your account. MAT reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Minors
MAT does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). The Website is not intended for use by minors. If you are under 18 years of age, you may use the Website only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
For your convenience, we may provide links to third party or affiliate websites or services that may be of interest to you through the Website (“Linked Sites”). However, the Linked Sites are not under the control of MAT and MAT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MAT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MAT of the site or any association with its operators. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Website. If you decide to access any of the third party sites or services linked on, to or from our Website, you do so at your own risk. MAT reserves the right to terminate any link or linking program at any time. MAT disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such third party websites or services.
Certain services made available via the Website may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Website domain, you hereby acknowledge and consent that MAT may share such information and data with any third party with whom MAT has a contractual relationship to provide the requested product, service or functionality on behalf of Website users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non- transferable, revocable license to access and use the Website strictly in accordance with these Terms of Use and solely for your own personal, non-commercial use. As a condition of your use of the Website, you represent and warrant to MAT that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Website, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Website, is the property of MAT and/or its affiliates, licensors, or suppliers, as applicable, and is protected by U.S. and international copyright and other intellectual property laws. You agree that you will not remove, obscure or alter any legal notices displayed on the Website. You may not store, modify, reproduce, transmit, reverse engineer or distribute the content or software on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of MAT is strictly prohibited. Gathering email addresses through harvesting or automated means by you is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. MAT content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal, non-commercial use, and will make no other use of the content without the express written permission of MAT and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MAT or our licensors except as expressly authorized by these terms.The MAT name, logo, and other trademarks, service marks, graphics, and logos of MAT used in connection with the Website are trademarks or registered trademarks of MAT, its affiliates or its licensors in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks. For the avoidance of doubt, MAT is not transferring, conveying, licensing or assigning any copyrights or other intellectual property rights hereunder. To the extent you provide us with any suggestions, feedback, enhancement requirements or recommendations (“Suggestions”), you assign to MAT all rights in and to such Suggestions and agree that MAT may use any Suggestions, and permit any other persons or entities to use any Suggestions, for any purpose.
Digital Millennium Copyright Act (DMCA) Notice
If you believe something on this Website has infringed your intellectual property rights, please notify our agent and provide the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) Identification of the copyrighted work claimed to have been infringed, (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, (iv) Address, telephone number, and, if available, an electronic mail address where we may contact you, (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Website’s Copyright Agent can be reached at MAT Industries, LLC, 6700 Wildlife Way, Long Grove, Illinois 60047, Attention: General Counsel.
International Users
The Website is controlled and administered by MAT from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You may only use the Website as permitted by law, including applicable export and re-export laws and regulations.
Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless MAT, its officers, directors, employees, affiliates, agents, contractors, and licensors, from and against any claims, losses, costs, liabilities, damages and expenses (including reasonable attorney's
fees) relating to or arising out of (i) your use of or inability to use the Website, (ii) any user postings made by you, (iii) your violation of any provision of these Terms of Use, (iv) your violation of any rights of a third party, or (v) your violation of any applicable laws, rules or regulations. MAT 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 MAT in asserting any available defenses.
Waiver
YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM MAT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MAT’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
If you are a California resident, you hereby waive each and all the provisions of the California Civil Code, Section 1542 (to the extent it would be applicable), which reads as follows: “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.” [DISCUSS]
[Arbitration]
[In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including Tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.] [DISCUSS]
[Class Action Waiver]
[Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative collective actions are not permitted, THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNITIVE CLASS, COLLECTIVE AND OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MAT agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.] [DISCUSS]
Warranty Disclaimer
MAT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MAT MAY REMOVE THE WEBSITE OR SUPPORT FOR THE WEBSITE FOR INDEFINITE PERIODS OF TIME, CANCEL THE WEBSITE OR SUPPORT FOR THE WEBSITE AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE WEBSITE WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK AND EXPENSE. THE WEBSITE AND ALL SERVICES AND CONTENT DELIVERED TO YOU THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Any information or recommendation made available through the Website is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as business, legal, accounting or any other professional advice. A possibility exists that the Website could include inaccuracies or errors, or information or materials that violate the usage rules. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Website. We do not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information provided by the Website.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY [DIRECT,] INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, MAT’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY MAT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
MAT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE MAT FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM. MAT IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING FILES OVER A DATA CONNECTION.
Termination Access Restriction
If you fail, or MAT suspects that you have failed, to comply with any of the provisions of these Terms of Use, MAT may, without notice to you: (i) terminate your use of the Website, (ii) bar you from future use of the Website, and/or (iii) take appropriate legal action against you.
MAT further reserves the right to modify, suspend, or discontinue the Website (or any part, service or content thereof) at any time with or without notice to you, and MAT will not be liable to you or to any third party should it exercise such rights.
Governing Law
To the maximum extent permitted by law, these Terms of Use and the relationship between you and MAT hereunder, and all transactions through the Website, shall be governed by the laws of the State of Illinois without regard to its conflicts of laws provisions. You and MAT hereby consent to the exclusive jurisdiction and venue of the courts located in Lake County, Illinois in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. [DISCUSS]
Other Provisions
These Terms of Use constitute the entire agreement between you and MAT with respect to the subject matter hereof and governs your use of the Website, superseding any prior agreements with respect to the same subject matter between you and MAT. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MAT’s failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such or any other provision. MAT will not be responsible for failures to fulfill any obligations due to causes beyond its control.
MAT may notify you with respect to the Website by a posting on the Website, by e-mail or through mobile push notifications as set forth herein. Unless otherwise stated, notices shall become effective immediately.
You agree that MAT has the right (but not the obligation) to take steps MAT believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use.
You acknowledge and agree that MAT’s affiliated companies are deemed third party beneficiaries of this agreement with you, and upon your acceptance of these Terms of Use, such affiliates will have the right (and are deemed to have accepted the right) to enforce the terms of the agreement against you to the same extent as MAT.
Any provision of these Terms of Use that by its nature extends beyond the termination of this agreement, including but not limited to the Sections titled “Intellectual Property”, “Warranty Disclaimer”, “Limitation of Liability”, “Indemnification”, “Miscellaneous” and “Governing Law”, shall survive any termination of this agreement. The termination of this agreement shall not affect liability for any breach of this agreement prior to such termination.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MAT as a result of this agreement or use of the Website. MAT’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MAT’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by MAT with respect to such use.
It is the express wish to the parties that these Terms of Use and all related documents be written in English.
Contact Us
MAT welcomes your questions or comments regarding the Terms of Use. If you would like to request additional information, please contact us at:
Sanborn Mfg a Division of MAT Industries LLC.
118 West Rock Street
Springfield MN 56087
Attention: Product Services
Email Address
Telephone number
888-895-4549
Effective as of 6/21/2023