INTRODUCTION
This Website (this “Website”) is owned and operated by Metadigm and is provided for your personal education, information, and entertainment. Your use of this Website is conditioned on your acceptance of the following Terms of Service (“TOS”), which include the terms and condition set forth herein and any other terms or policies incorporated herein by reference. By accessing, using or browsing this Website, you acknowledge and agree to be bound by these TOS. If you do not agree with the TOS, please do not access this Website or engage in any services offered by Metadigm.
Metadigm reserves the right to make changes to the TOS at any time, without notice. Any changes shall become part of the TOS and shall be effective immediately upon posting. Please periodically check the TOS at
www.metadigmservices.com for changes. Your continued use of this Website following the posting of any changes to the TOS constitutes acceptance of those changes.
ACCOUNTS
This site may require you to create an account to participate or to secure additional benefits. You agree to provide and maintain true, accurate, and complete information in connection with our use account registration prompts (collectively “User Data”). You agree to promptly notify us at
webmaster@metadigmservices.com of any unauthorized use or access of User Data, including your username, password, or other personal identifying information or of any other breach of security you learn of involving this Website.
THIRD PARTY SITES
This Website may link you to other sites on the Internet. These other sites are not under the control of Metadigm, and you acknowledge that Metadigm is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. Your accessing the links to any other off-site pages or other sites is at your own risk.
TERMINATION
You may terminate your Metadigm account, any associated email address and access to Metadigm’s services by submitting such termination request to Metadigm.
Metadigm reserves the right to terminate your password access to the service or any portion of it in sole discretion, without notice and without limitation, for any reason whatever. Examples of such reasons for such termination include, but are not limited to, (i)violations or breach of the TOS, (ii) discontinuation of the services provided by Metadigm, (iii) unanticipated technical or security issues, (iv) periods of inactivity longer than one year, (v) nonpayment of fees owed by you in connection with products or services provided by this Website, and/or (vi) a request by the government, law enforcement, or other lawmaking institution. In the event of a termination by Metadigm, Metadigm shall have no liability to you or any third party for termination of your account or access to the Website.
COPPA
Pursuant to the terms of the Children's Online Privacy Protection Act (COPPA), this Website is not directed at children under the age of thirteen (13), and by using the Website, you represent that you are not under the age of thirteen (13). We do not knowingly collect personally identifiable information from children under the age of thirteen (13). Notwithstanding the above, if a parent provides their child's information to Metadigm, such parent hereby consents to our use of such information.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. METADIGM, ITS LICENSORS, LICENSEES, AND AFFILIATES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. METADIGM MAKES NO WARRANTY THAT ANY SERVICE PROVIDED BY METADIGM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL METADIGM, ITS LICENSORS, LICENSEES, AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF METADIGM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, METADIGM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
By using this Website you agree to defend, indemnify, and hold harmless Metadigm and its merchants, employees, contractors, officers, licensors, licensees, affiliates and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from: (i) any use or misuse of this Website by you; (ii) any violation of applicable laws; or (iii) any violation of the TOS. Metadigm reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Metadigm in asserting any available defenses.
CHOICE OF LAW AND FORUM
These TOS shall be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflicts-of-law rules.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these TOS and any written agreement between you and Metadigm regarding your use of this Website constitute the entire agreement between you and Metadigm with respect to this Website and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Metadigm with respect to this Website. If any provision of these TOS are held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and these TOS shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom.
©2011 Metadigm. All rights reserved.