38
English
THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A
RESULT OF MAT'S CONCLUSION THAT A VIOLATION OF THIS
AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY
PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR
CONTEMPLATED BY THIS AGREEMENT.
If you are a California resident, you hereby waive (the extent
waivable) 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 materi-
ally affected his settlement with the debtor.”
K. GOVERNING LAW
Except to the extent expressly provided in the following para-
graph, this Agreement and the relationship between you and
MAT, and all transactions through the Application shall be
governed by the laws of the State of Illinois, excluding its con-
flicts of law provisions. You and MAT agree to submit to the
personal and exclusive jurisdiction of the courts located within
Lake County, Illinois, to resolve any dispute or claim arising from
this Agreement. If (a) you are not a U.S. citizen; (b) you do not
reside in the U.S.; (c) you are not accessing the Service from the
U.S.; and (d) you are a citizen of one of the countries identified
below, you hereby agree that any dispute or claim arising from
this Agreement shall be governed by the applicable law set forth
below, without regard to any conflict of law provisions, and you
hereby irrevocably submit to the non-exclusive jurisdiction of the
courts located in the state, province or country identified below
whose law governs:
If you are a citizen of any European Union country or Switzerland,
Norway or Iceland, the governing law and forum shall be the laws
and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that
law known as the United Nations Convention on the International
Sale of Goods.
L. OTHER PROVISIONS
This Agreement constitutes the entire agreement between you and
MAT with respect to the subject matter hereof and governs your
use of the Application, 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 MAT’s website, affiliate services, third-party
content, third-party software, or additional services. If any part of
this Agreement 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 this Agreement 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 Application by a posting
on the Application, by e-mail or through push notifications as set
forth herein. Unless otherwise stated, notices shall become effec-
tive immediately.
You agree that MAT has the right (but not the obligation) to take
