We provide a diverse range of Services, so additional terms or product requirements (including age restrictions) may apply (collectively, the “Additional Terms”). The Additional Terms will be available with the relevant Services. Such terms become part of your agreement with us if you choose to use those Services or, when this option is made available to you, by clicking to accept or agree to such terms. If there is a conflict between these Terms or Use and any Additional Terms, the Additional Terms will control for that conflict.
This Website is offered and available to users who are 18 years of age or older and who are not engaged in any business that is competitive with our business. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you are not authorized to access or use the Website or any portion thereof. If you are using the Services on behalf of an Organization, that Organization accepts these Terms.
Registration, User Names and Passwords. To access the Website or some of the resources it offers, you may be asked to register with us and/or provide or confirm certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. Without limitation of the foregoing, you may not use a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You are responsible for maintaining the confidentiality of any password you may use to access this Website and you agree not to transfer your password or user name or lend or otherwise transfer your use of or access to the Website, to any third party.
You are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the website that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Website, and to ensure that you "log off" and exit from your account with the Website (if applicable) at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Without limitation of the foregoing, if you are agreeing to these Terms on behalf of an Organization the following additional provisions shall apply: we will issue to you, on behalf of the Organization (the “Account Manager”), an individual logon identifier and password (collectively, the "Account Manager Logon") for the purpose of administering the Organization’s use of the Services (including the authorization of users outside of the Organization to access Customer Data or other information included as part of the Services). [A1] Using the Account Manager Logon, the Account Manager will assign each of the Organization’s authorized users (each an “Authorized User”) a password and user identification (collectively, “Passwords and User IDs”) so that such Authorized User can use the Services. No Authorized User or other person is permitted to access the Services using the Password and User ID of any other Authorized User. The Organization will ensure that each of its Authorized Users (including the Account Manager) will: (a) be responsible for the secure use of his or her Password and User ID; (b) not disclose such Password and User ID to any third party; (c) not permit any other person or entity to use his or her Password and User ID; and (d) use the Services only in accordance with these Terms. The Organization will also be responsible for advising each of its Authorized Users of his or her obligations under these Terms and the restrictions set forth herein. Without limitation or your obligations hereunder, as between us and the Organization, the Organization will be solely and exclusively responsible and liable for any use or access of the Services by any person or entity gaining access to the Services through the use of the Account Manager Logon or any other Passwords and User IDs. The Organization and its Authorized Users will take all necessary precautions to preserve the secrecy of the Account Manager Logon, Passwords and User IDs and the security of the Services. We will have no responsibility for managing, monitoring, or overseeing the use of the Services by the Organization or its Authorized Users. The use of the Password and User ID assigned to any Authorized User (including the Account Manager) will be deemed to constitute the acts of such Authorized User (and therefore, of you), and we will be entitled to rely upon the actions, instructions and assent, without any obligation to otherwise verify the identity, of any person who gains access to the Services by means of such Password and User ID, including assent or other agreement to the terms of any clickwrap agreement or any other terms and/or conditions to which such Authorized User agrees and the Organization will be bound by such actions, instructions, assent and agreement.
The term “Authorized User” as used in this paragraph and elsewhere in the Terms shall include, as applicable, any individual user of the Website or Services, in addition to individuals acting on behalf of an Organization.
Information About You and Your Visits to the Website
Without limitation of the foregoing, the Services provide features that allow you to share Customer Data with others or to make it public. There are many things that others may do with that Customer Data (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. We have no responsibility for that activity.
You are solely responsible for your conduct, the content of your files and folders (including any Customer Data), and your communications with others and permissions granted to others while using the Services, including with respect to any permissions to access your Customer Data. You, and not the Company, are responsible for maintaining and protecting all of your Customer Data. WE WILL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF YOUR CUSTOMER DATA, OR FOR ANY COSTS OR EXPENSES ASSOCIATED WITH BACKING UP OR RESTORING ANY OF YOUR CUSTOMER DATA.
Intellectual Property Rights
The Services ,including the Website and its entire contents (excluding “Customer Data”), features and functionality that we use to provide the Services (including but not limited to all information, technology, software (including the “Software”, as hereinafter defined), text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property, proprietary rights and other laws of both the United States and foreign countries.
Some use of our Service may require you to download a client software package (“Software”) (e.g., desktop, mobile or any other applications). Use of the Software may be subject to the terms of the end-user license agreement included with such Software, including any open-source license terms) (a “EULA”). To the extent a EULA is not included with the applicable Software, the Company hereby grants you a limited, nonexclusive, nontransferable, revocable license to download a single copy of the Software to your computer or mobile device solely for your own personal, non-commercial use, and to use the Software solely to access the Services. Our Services may update the Software on your device automatically when a new version is available.
It is your responsibility to ensure that you have the rights or permission needed to comply with these Terms. In addition, files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Company, are solely responsible and liable for your conduct, the content of your files and folders, what you copy, share, upload, download or otherwise use while using the Services and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. You must not upload spyware or any other malicious software to the Service.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
Suggestions. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. Without limitation of the foregoing, the Company shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Website or service any suggestions, enhancement requests, recommendations or other feedback provided by Customer or its users relating to the operation of the Website or service.
Federal Government End Use Provisions. Company provides the Website, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Website include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with Company to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.
The Company name, the terms, MetaComet®. Royalty Tracker and MetaGoLive, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. For the avoidance of doubt, these Terms do not grant you any rights to use the MetaComet® trademarks, logos, domain names, or other brand features. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses [or screen names] associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Subject to any applicable restrictions in your account settings (e.g., to make Customer Data available only to end users authorized by you), any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose to the extent consistent with your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
You acknowledge that the Company may, but has no obligation, to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, Confidential Data or any other information you may be able to access using the Services.
We have the right, but not obligation, to:
- Remove or refuse to post any content for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (the “Content Standards”) apply to any and all proprietary Customer Data or other User Contributions, including any post content or other materials that may be contributed by you for display, publication or transmission to other users or other persons on or through the Website or the Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you are a copyright owner or an agent thereof, and believe that any User Contributions, Customer Data or any other content made available on the Web Site as part of the Services (collectively the “Content”) violate your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (see below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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; and
- 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.
Our designated Copyright Agent to receive notifications of claimed infringement is Khalid Elkalai email: kelkalai@metacomet com, fax: (413) 315-6310. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MetaComet customer service at support@metacomet com. You acknowledge that if you fail to comply with all of the requirements of this Section regarding copyright infringement, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was 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 material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, 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 removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content 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 discretion.
It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. Without limitation of the foregoing, we may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, including any applicable privacy policies.
The owner of the Website is based in the Commonwealth of Massachusetts in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Without limitation of the foregoing, the information provided by or through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject MetaComet to any registration requirement within such jurisdiction or country. MetaComet controls and operates the Services from offices located in the United States and makes no representations or warranties that the information, products, or Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Website and/or the provision of any content, program, product, service, or other feature described or available thereon or otherwise constituting part of the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service, or other feature that we provide.
Software related to or made available by the Website or otherwise as part of the Services s may be subject to United States export controls. Thus, no software from this Website or relating to the Services may be downloaded, exported, or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Website or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to comply with all rules, laws, and regulations that are applicable to your use of the Services, including, without limitation, those governing your transmission or use of any software or data.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT (INCLUDING ANY CUSTOMER CONTENT AND USER CONTRIBUTIONS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES. INCLUDING THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE (INCLUDING ANY CUSTOMER DATA OR USER CONTRIBIUTIONS) OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by MetaComet® Systems, Inc. 29 College Street South Hadley, MA 01075.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy set forth above in the manner and by the means set forth therein.
Subject to the above policies regarding “Suggestions”, all other feedback, comments, requests for technical support and other communications relating to the Services or Website should be directed to: email@example.com.
Thank you for visiting the Website.