METAMORIS - TERMS OF USE



These Terms and Conditions of Use (the “Terms of Use”) apply to Metamoris site located at www.metamoris.com, and all associated sites linked to www.metamoris.com by Metamoris, Inc. its subsidiaries and affiliates (the “Site”). The Site is the property of Metamoris, Inc. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. These Terms of Use govern your use of our service.

Copyright Notice

This Site is the only official Site of Metamoris, Inc. and is ©2015 Metamoris, Inc. Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of the Metamoris, Inc. is not permitted.

Your Use of the Site

1.You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Metamoris, Inc. (“Metamoris”) reserves the right to bar any such activity.

2. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Metamoris server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

3. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Metamoris, including any Metamoris account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

4. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Metamoris’ systems or networks, or any systems or networks connected to the Site or to Metamoris.

5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Metamoris on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

7. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Metamoris or others.

Changes of Terms of Use.

We reserve the right, at any time, to modify, alter, or update these Site Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Site. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations.

Acceptance of Terms

By using the Site, you agree to comply with the Site Terms, as amended, and incorporated herein.  If you do not agree with the Site Terms please immediately discontinue any further use of this Site.

Membership

1.You may browse the Site and view certain content without registering, but as a condition to using certain aspects of the Site, you may be required to register with us to become a member of the Site and select a password and screen name ("User ID").

2.You shall provide us with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of these Site Terms, which may result in immediate termination of your account.

3. You shall not:

(i) select or use as a User ID a name of another person with the intent to impersonate that person;

(ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or

(iii) use as a User ID a name that is otherwise illegal, offensive, vulgar or obscene; or

(iv) use for any other purpose but for personal, noncommercial use and are intended for informational and entertainment purposes only.

4. We reserve the right to refuse registration, cancel a User ID or deny your access to the Site in our sole discretion. 

5. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. 

6. You shall never use another user's account without such other users express written permission. 

7. You will immediately notify us in writing directly to info@metamoris.com of any unauthorized use of your account, or other account related security breach of which you are aware. 

We are not liable for any harm caused or related to the theft or misappropriation of your User ID, disclosure of your User ID, or your authorization of anyone else to use your User ID.  If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notifying us of the problem by emailing us at info@metmoris.com.

Materials; License to Use Site

This Site is owned and operated by Metamoris, Inc (“us”).  You hereby agree that all right, title and interest in and to the materials provided on this Site, including but not limited to information, text, documents, illustrations, testimonials, icons, designs, photographs, audio and sound recordings, logos, software, applications, graphics, and images (collectively, the "Materials") and all intellectual property rights related thereto, are owned by or licensed to us or by our respective third party authors, developers, or vendors ("Third Party Providers").  You agree not to modify or delete any proprietary notices from the Site or its Materials.  We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the Materials (excluding any software code) solely for your personal noncommercial use in connection with viewing the Site and using its services or products.  No right, title or interest in any downloaded Materials is conveyed to you as a result of any such downloading or copying, other than Materials which were submitted by you to us.  Any rights not expressly granted herein are reserved by us.  Materials also includes the “look and feel” of the Site (including its design, layout, color combinations, button shapes and other graphical elements).  You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Materials, or enforce limitations on use of the Site or the Materials.

Public Forums and Communications

"Public Forum" means an area or feature offered as part of the Site that offers the opportunity for members to post certain Materials for viewing on the Site. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any postings to or communications within a Public Forum.  We cannot guarantee the security of any Materials you disclose in a Public Forum and, as such, you make such disclosures at your own risk.  You should be skeptical about information provided by others, and you acknowledge that the use of any Materials posted in any Public Forum is at your own risk. 

(i) Users under the age of 18 years must gain the consent of their parent (s) for use of the Public Forum.

Posting release

By displaying or publishing (“posting”) any of your Materials you have submitted to us, you hereby grant us an exclusive, irrevocable, royalty-free, sublicensable, worldwide, and perpetual license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, create derivative works of, and distribute any such Materials in any media formats and through any media channels now known or hereafter devised.  You represent and warrant that the posting of your Materials on or through the Site or other media does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  We assume no responsibility or liability arising from the Materials included in any transmissions or for any error, inaccuracy, or Prohibited Content (as defined below) that is contained in any Materials transmitted to our Site.

Enforcement of Rules and Polices

We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of service.  We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our affiliates and their officers, directors, representatives, members, managers, and employees (collectively, “Metamoris Parties”), and of the public, and to ensure the integrity and operation of our business and systems, and to cooperate with law enforcement or a court order request, Metamoris Parties will cooperate with any such law enforcement or court order request, and we may disclose information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Materials from users) regarding a user in connection with such circumstances.  Our right to disclose any such information shall govern over any terms of our Privacy Policy. 

This Site contains Materials that are owned or licensed by us, and Materials owned or licensed by other users or Third Party Vendors.  Except as provided within these Site Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Materials which were not uploaded by you and which appear on or through the Site.  In addition, you may not (a) make any resale or commercial use of the Site or the Materials (other than your own Materials); or (b) make any derivative use of the Site or the Materials (other than your own Materials).

Profile Restrictions

Your profile on the Site may not include, and you agree not to post on or through the Site, any form of Prohibited Content (as defined below).  Despite this prohibition, Materials, products and/or services provided by other users or third parties may, in whole or in part, be unauthorized, impermissible or otherwise violate these Site Terms, and we assume no responsibility or liability for these Materials.  If you become aware of any misuse of the Site or any Materials by any person or entity, please contact us by sending an email to info@metamoris.com.

Posting of Unauthorized Material

We may reject, refuse to post or delete any Materials for any or no reason, including Materials that in our sole judgment violates these Site Terms.  We assume no responsibility for monitoring the Site for inappropriate Materials or conduct.  If at any time we choose, in our sole discretion, to monitor the Site, we nonetheless assume no responsibility for the posting of any Materials, nor do we assume any obligation to modify or remove any inappropriate Materials, and we assume no responsibility for the conduct of the user submitting any such Materials.  You are solely responsible for the Materials that you post on or through the Site, and any Material that you transmit to other users or third party advertisers on the Site.  We are and shall be under no obligation (1) to maintain any of your Materials in confidence; (2) to pay to you any compensation for any use of your Materials; or (3) to respond to any Materials you upload.

Restrictions on Use of Site; Prohibited Content

Without limiting the generality of the foregoing, you may not:

1.      Remove any copyright, trademark or other proprietary rights notices contained on the Site.

 

2.      Use the Site in violation of any law or regulation governing the Site’s business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.

3.      Post or transmit any form of “Prohibited Content”.  Prohibited Content includes but is not limited to, posting or transmitting any Materials that: (a) are defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) are bigoted, hateful, or racially or otherwise offensive; (c) are violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) are harmful or can reasonably be expected to be harmful to any person or entity; (e) are illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (f) infringe or violate any right of a third party including right of privacy, publicity, copyright, patent, trademark, trade secret or other proprietary or contractual rights; (g) are commercial, business-related or advertise or offer to sell any products or services, whether or not for profit; (h) contain a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site; (i) do not generally pertain to the designated topic or theme of the relevant Public Forum (as defined below); (j) violate any specific restrictions applicable to a Public Forum; or (k) are antisocial, disruptive, or destructive, including "spamming," "flooding," and "trolling" as those terms are commonly understood and used on the Internet.

  1. Use the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means.

  2. Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.   You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their Materials.

  3. Submit any Materials that contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.

  4. Assist or permit any person to engage in any of the activities described above.

Contests and Sweepstakes

We may from time to time offer participation in promotional contests and sweepstakes on our Site. Your participation in these contests and sweepstakes is governed by the express rules applicable to each such contest or sweepstakes.  By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that we and our affiliates may use your information for marketing and promotional purposes.

Digital Millennium Copyright Act

We respect the intellectual property rights of others, and require that all users do the same.  You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have the right to terminate a user’s use of the Site for such actions.

If you believe your work has been copied and posted on the Site in a way that constitutes copyright infringement, please send our Copyright Agent a written notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.  Our Copyright Agent for notification of claimed infringement can be reached electronically through info@metamoris.com. 

Counter-Notice

If you believe that your Materials that were removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Materials in question, you may send a counter-notice containing the following information to the Copyright Agent:

1.      Your physical or electronic signature;

 

2.      Identification of the Materials that have been removed or to which access has been disabled and the location at which the Materials appeared before it was removed or disabled;

 

3.      A statement that you have a good faith belief that the Materials were removed or disabled as a result of mistake or a misidentification of the Materials; and

 

4.      Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the Materials or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Materials provider, member or user, the removed Materials may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole and absolute discretion.

Our Communications to You

You agree that we and our affiliates may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of our and our affiliates; products or services, or for such other purpose(s) as we deem appropriate.

Links to Other Sites

For your convenience and enjoyment, our Site may provide links to web sites that are not operated by us. These links do not mean that we or our affiliates in any way endorse, approve, or sponsor the linked site or any information, products or services contained in such site, nor are Metamoris Parties liable for any damage that might result from your use of such information, products, or services.  Your linking to any other website(s) is at your own risk and you acknowledge that you bear all risks associated with access to and use of content provided on such third party website and agree that Metamoris Parties are not responsible for any loss or damage of any sort you may incur from dealing with such a third party.

Price and Payment

You agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time a purchase is made. We reserve the right to institute new fees or charges effective upon notice on the Site. When prompted to do so, you must provide us with valid credit card information. If payments that cannot be charged to your credit card are returned to us for any reason, we reserve the right either to suspend or terminate your order, thereby terminating all further obligations by us.

Billing

Recurring Billing. By starting your Metamoris membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Website’s service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Metamoris membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Disclaimer

THE SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND ALL OF THE METAMORIS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND ALL OF THE METAMORIS PARTIES DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICES.  WE AND ALL OF THE METAMORIS PARTIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE AND ALL OF THE METAMORIS PARTIES DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE METAMORIS PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF ANY SERVICES OR PRODUCTS FOUND ON OUR SITE.  WE AND ALL OF THE METAMORIS PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS IN CONNECTION WITH THE SERVICES AND/OR PRODUCTS FOUND ON THE SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ALL OF THE METAMORIS PARTIES DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE.  WE MAKE NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE SITE. 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ANY OF THE METAMORIS PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANY METAMORIS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR ITS SERVICES OR PRODUCTS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICES OR PRODUCTS, FROM INABILITY TO USE THE SITE OR THE SERVICES OR PRODUCTS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES OR PRODUCTS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICES OR PRODUCTS OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICES OR PRODUCTS OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Release and Indemnification

You shall be solely liable for any Materials you post, upload or transmit to our Site.  You agree to indemnify and hold us and all Metamoris Parties harmless from any claim or demand, damages, losses, obligations, costs and expenses, including reasonable attorneys’ fees and court costs whether or not litigation has commenced, made by any third party due to or arising out of your use of the Site, including but not limited to any Materials that you post on or through the Site, your violation of the Site Terms, or your breach of any of the representations and warranties herein.  In the event that you have a dispute with one or more users, you agree to release us and all Metamoris Parties from any actual or threatened claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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” and you hereby waive any similar statues in other jurisdictions.

Inaccuracy Disclaimer

From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice. We apologize for any inconvenience this may cause you.

Termination

Notwithstanding anything contrary in these Site Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your ability to use the Site (which would include deleting or deactivating your account, blocking your email or IP address, and/or blocking or preventing your future access to and use of the Site).  You agree that we and all of the Metamoris Parties shall not be liable to you or any third party for any suspension or termination of your access to the Site.  Further, you agree not to attempt to use the Site after said suspension or termination unless you have received prior written permission from us. Upon any termination, you must promptly destroy all Materials downloaded or otherwise obtained from this Site, as well as all copies of such Materials, whether made under this agreement or otherwise.

You acknowledge that we may establish limits concerning your use of the Site and its services and products and reserves the right at any time to modify or discontinue your access to the Site (or any part thereof) with or without notice, including but not limited to the materials, videos, functionality or hours of availability, or the equipment needed for its access or use.   

Ability to Accept Terms of Service

You affirm that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Site Terms, and to abide by and comply with these Site Terms. 

Severability

If any provision of the Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Notices

Except as explicitly stated otherwise, any notices shall be given email to info@metamoris.com.  Notice shall be deemed given one (1) business day after email is sent, unless the sending party is notified that the email address is invalid or the email was undeliverable.  Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us or any other valid address of yours.  In such case, notice shall be deemed given 3 days after the date of mailing.

Jurisdiction Agreement

This Agreement is governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to this Agreement, the use of the Site, or the services or products provided through the Site, any such dispute must be brought exclusively in a court of competent jurisdiction sitting in Los Angeles, California, and you hereby consent to the personal jurisdiction of any such court.

Judicial Costs

The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings. Any cause of action or claim you may have against us with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or it is forever barred. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

Miscellaneous

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. If any provision of the Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

We may assign our rights and duties under this Agreement to any party at any time without notice to you.  These Site Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.  You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity.  You agree that the Site Terms and Privacy Policy shall not be construed against the drafting party (i.e., us). 

 

The Site Terms constitute the entire agreement between you and us and govern your use of the Site and its services and products, superseding any prior agreements between you and us.

Last Updated: December March 16, 2015