Applematrix Copied TOS?

[MatrixWatch]

On another thread, I pointed out how extremematrix had a Terms of Service agreement that EzExpo allegedly copied and pasted to their website. Before doing so however, they changed a few things. Here is the link to that thread:

http://www.matrixwatch.org/forums/showthread.php?s=&threadid=187&perpage=10&pagenumber=2

Now, I just found out about something even more rich than this. Applematrix.com, now located at www.applematrix.us, has apparently taken EzExpo's Terms of Service agreement, and posted it directly on their website.

As an example, here is what Applematrix's arbitration clasue reads, in comparison to EzExpo's below.

From Applematrix website: http://www.dayscar.com/applematrix/terms.asp

************Dispute Resolution and Arbitration************

All disputes arising out of or in connection with the present contract shall be initially subject to (1) conference between parties, (2) mediation by one or more mediators appointed by either party. If disputes remain unresolved within 7 business days, the dispute will be finally settled under the Rules of Arbitration of the International Chamber of Commerce and the Federal Arbitration Act by one or more arbitrators appointed in accordance with the said Rules. Arbitrations shall be conducted in Corozol, Belize, Central America. An arbitration settlement between parties will be final and binding. Parties may not seek provisional remedies from courts in any jurisdiction while an arbitration is in effect. This clause will apply to any jurisdiction in which this contract is applicable and sections may only be deemed severable as per the clause entitled "Integration and Severability" contained herein.


From EzExpo website: http://www.ezexpo.com/TOS.asp

************Dispute Resolution and Arbitration************

All disputes arising out of or in connection with the present contract shall be initially subject to (1) conference between parties, (2) mediation by one or more mediators appointed by either party. If disputes remain unresolved within 7 business days, the dispute will be finally settled under the Rules of Arbitration of the International Chamber of Commerce and the Federal Arbitration Act by one or more arbitrators appointed in accordance with the said Rules. Arbitrations shall be conducted in Corozol, Belize, Central America. An arbitration settlement between parties will be final and binding. Parties may not seek provisional remedies from courts in any jurisdiction while an arbitration is in effect. This clause will apply to any jurisdiction in which this contract is applicable and sections may only be deemed severable as per the clause entitled "Integration and Severability" contained herein

So, are both EzExpo and Applematrix located in Belize, or did someone copy someone else's info?

[tcb1969a]

Most matrix sites do......

[Talented Mr Rae]

and most matrix sites require the same TOS...

[northstar5757]

Yes it would make sense that most new Matrix sites would simply copy the TOS from a "legitimate" matrix site. It saves them money and research time. However it is extremely irresponsible and reckless to do so.

[uwantme]

Not that Im really defending Apple matrix but if you look at a previous post made by adrianna she states:

Posted: August 12th, 2003 02:50 PM

I live in xxx My hosting is in xxx and Belize.

NEXT!

Here is the link to this: http://www.matrixwatch.org/forums/showthread.php?threadid=382&highlight=apple

So she may have the same place of arbitration as ezexpo. And she may have copied their TOS but maybe they apply to her too. I mean most of the companies that you would use to set up an off shore business send you through the same location. Do a search on google for offshore business and this is one of the very first sites that come up: http://www.offshorecorporation.com/?s=g5

and check out this link about why you should set up offshore from their site: http://www.companiesinc.com/p_offshore_why.html

Just another FYI, that I thought was interesting is look what they say about business set up in Nevis! Watchdog you had better be glad ezexpo wasnt there when you wanted to press a lawsuit look at all you have to do to press one in Nevis:

Which Jurisdiction Offers the Most Advantage?
In recent years, the Caribbean Island of Nevis has become one of the most attractive and convenient offshore corporate domiciles in the world by the enactment of the Nevis Business Corporation Ordinance 1984. In Nevis, before suing your company one must post a $25,000.00 bond with the courts. Then, the one pursuing legal action is required to file a brief justifying why he or she should be permitted to sue. If the representative of the courts feel the suit is not warranted, the litigant will not be allowed to sue. Moreover, they will forfeit their $25,000 bond! Needless to say, there are very few frivolous lawsuits in Nevis!


Anyway before I take this off topic. I was just pointing out that even though some TOS may be copied or whatever it is basically because the same TOS pretty much applies to each site and in some cases( because applematrix did say they were located in Belize too) just because it looks copied doesnt always mean its incorrect...

[MatrixWatch]

Originally posted by uwantme
Posted: August 12th, 2003 02:50 PM

I live in xxx My hosting is in xxx and Belize.

NEXT!


I checked this out. The post has been edited. Originally, she said that she is located in Florida, and her hosting is in Louisiana and Belize.. If her hosting is in Belize, but she is operating the site from Florida, then it is likely that she cannot conduct arbitration in Belize. It is a hosting service that is in Belize. What I am trying to point out is that the TOS was copied without the place of arbitration being changed over. At least EzExpo did this when they copied theirs.

[Agent|Star]

A copied ToS... AppleMatrix should have known better... Especially copying from a site that is currently facing legal issues. Wasn't smart I will admit to that.

Its okay to view sites ToS and get yourself a feel of how to write up your own... In this case, it lOoks like she down right duplicated it... :(

[mikv]

So is this what they call "doing it right"?? This doesn't surprise me. I hope I don't throw this thread off, but I'm wondering if they consulted the same legal advice team before they copied that TOS. The same team that told them it was ok to spam. Being that they changed alot on their site as of late, I'm also wondering if they are still "within" the guidelines of the legal advice they sought before they opened that site. They USED to talk alot about how they consulted with legal counsel before they opened the site and they were "completely legit". That site is going down in flames and I hope their customers can bail out before they do.

[nicoleeubanks]

I've been saying the same thing on the Topmatrix forum.. She(Adrianna) didn't like that too much though. Since I am getting "invalid session" there when I try to post I can't respond either.... Still have no idea why that happens:confused:

[MatrixWatch]

Same thing? You mean you have seen the same issue with the TOS? Interesting.

[nicoleeubanks]

Yes, below is the post I made on Topmatrix forum. I had seen the thread on here about EzExpo TOS and then noticed that Applematrix has a TOS. I found it funny that they came up with a TOS section but still haven't changed their "buy a spot" button to "buy an ebook" or something more reasonable.. Even though I am a "matrix supporter" I just cant help but to pick on this site as to all the blatant "mistakes" they are constantly making and how terribly unprofessional they are....This is my post on Topmatrix where I said something about it:
nicoleeubanks
Cyclist


Joined: 03 Jul 2003
Posts: 54

Posted: Sat Aug 16, 2003 8:52 pm Post subject:

--------------------------------------------------------------------------------

Looks like the Red Pills are being eaten. I can definitely see where at least one of the Main investors over there has opted out of all of their spots since they are XXXXXXX out in all of their spots on the lists..... I love the cut/paste you did of another sites "legal stuff". Your terms and condtions made me laugh. Belize South America?? Do you even know where that is Adrianna???? Sounds a heck of a lot like EzExpo's rules...Anyway sorry about that I just had to say something I'll go back to doing something else now.....