Terms of Use (ToU)

In addition to our general terms & policies, these T&C’s apply specifically to this service.

This Policy amends the Agreement between Metric International, Inc., our partners, service providers, sub-contractors or affiliates (hereinafter: “Metric International”, “Agency”, “us”, “we”, “our”) and Customer (hereinafter: “Customer”, “Client”, “user”, “you”, “yours”) and describes, but is not limited to, certain restrictions, conditions, rights, prohibitions, related to your use of the Services. The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on our website. By using the Services or accessing the Metric International, Inc. website, you agree to the latest version of this Policy. Any violation of the Policy or if you authorize or help others to do so, shall be deemed a breach of the Agreement, and we may suspend or terminate your use of the Services.

By purchasing any Service(s) from Metric International, you declare that you have read, understood and agree to be bound by this Policy. It is essential that you read this Policy prior to purchasing any Service(s) from Metric International.

By accessing or using any part of the Website, you agree to be bound by the terms & conditions of this agreement. Should you decide to not agree to any or all and without modification of the operating rules, policies, disclaimers and terms & conditions of this agreement, then you may not access the Website or use any services. The content of this Website is protected by applicable copyright and trademark law and cannot be used, reproduced, shared or copied without explicit and written consent from us.

Service Registration

In consideration of your use of the Service, you declare that you are of legal age to form a binding contract, are not a person prohibited or barred from receiving or contracting services under the laws of the Netherlands or other applicable jurisdiction(s).

You declare to: (1) provide true, accurate, current and complete information about yourself and the company you are representing or contracting the Service (if you act on behalf of a company) upon contracting to the Service’s and providing registration details (the “Registration Data”) and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we find reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account immediately without prior notification and refuse any and all current or future use of the Service (or any portion thereof).

Member Account

Upon registration (or any other process flow, page, form, request or stage) you will be prompted to create a password and account (account name, linked email address, etc.). You are responsible for maintaining the security and confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You must (1) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you logout from your session account at the end of each usage or sssion. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Disclaimer

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The content on our Website is provided “AS-IS”. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the products, services or content on our Website, even if we or our authorized representative has been notified verbally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Third-Party Resources

We accept no responsibility for policies of in example: Google, Facebook, third-party developers, service providers, API services (such as Google Maps, ReCaptcha, Akismet), directories or other websites (“Third-Party Resources”) that the Client’s project may use, whether now or in the future. The Client’s website or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to hold us responsible for any liability or actions taken by Third-Party Resources under this Agreement.

Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. We will not be held liable for these changes and, should work need to be done to rectify, then a new quotation would need to be drawn up.

The Client furthermore acknowledges that the nature of many of the resources we may employ under this Agreement are competitive, therefore we do not guarantee performance, uptime or continuation of service.

Revisions and Errata

Any content appearing on our Website could include technical, typographical, informational or photographic errors. We do not warrant that all or any of the content on our Website is accurate, complete, or current. We may make changes to the content contained on our Website at any time without notice. We do not, however, make any commitment to update or to keep updating the content.

Waiver

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.

Links to other websites

From time to time, this Website may contain links to websites that are not owned, operated or controlled by us. We may not have thoroughly reviewed some or all of the sites linked to on our Website. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from any other websites or any donations made through any other websites. We do not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

Communications

Visiting our Website, Social Media accounts or sending emails or messages constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that are provided to you electronically, via email and through the Website, satisfy any legal requirement that such communications be in writing.

Titles

The titles are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Transfer of Rights

You may not transfer any of your rights or obligations under these Terms of Use, including the Privacy Policy (or any other Policies), without our prior written consent (not to be unreasonably withheld). These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Reservation of Rights

We reserve all rights not expressly granted to you.

Indemnification

You agree to indemnify, defend and hold us harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any of these Terms of Use or Service.

Termination

Cancellation of any products or services may be made at any time by providing us with a cancellation request at least 1 calendar month prior to the permitted cancellation period, in writing.

In the event of cancellation of the agreement prior to the completion of the cancellation period, we reserve the right to pursue any of the following, but not limited to: (1) remove equipment, software, apps, plugins, API connections, services or resources owned or operated by us, (2) bring legal action against the Client for contractual breach or (3) remove any, but not limited to: created websites, projects, code, graphics, content, links, advertising and accounts.

You may not use our content, products or services for any illegal purpose or in any manner inconsistent with these Terms. We may refuse, restrict or terminate your account or your use of this Website, services or products at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. These incurred charges will not be made refundable, exchangeable or deferrable to you in any way. We may also block your access to our Website, services or products in the event that (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause data, property or financial loss or legal liability for you, our users or us.

Trademarks & Copyright

All content (such as logos, products, services or service names) are trademarks of Metric International. You declare not to display or use in any manner the content without prior written permission.

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants us full rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting us permission and rights for use of the same and agrees to indemnify and hold us harmless from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract or acceptance of our offer for a project and/or placement shall be regarded as a guarantee by the Client to us that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

All scripts, CSS, code, apps, plugins, themes, images or graphics, included files, etc. used within Client websites or projects, remain our intellectual property until such time as payment is made in full by the client and may not be copied and used by any other party without the written consent of Metric International. After full payment of due fees, the Client may make use of above-mentioned resources on the delivered project only. The Client does not obtain copyright or right to free usage on them.

Modifications

We may revise our terms of use, policies, terms of service and disclaimers for our Website at any time, without (prior) notice. By using our Website you are agreeing and declare to be bound by the then current version of these.

Warranties

You expressly understand and agree that:

The website and Services are provided on an “AS-IS” and “as available” basis. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEBSITE, ITS CONTENT, PRODUCTS AND THE SERVERS ON WHICH THE WEBSITE, PRODUCTS AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Any content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in the terms.
This Website may contain various combinations of text, images, audiovisual elements, opinions, statements, facts, articles, or other information created by us or by third-parties. There may be delays, omissions or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose.

Liability

You expressly understand and agree that with regard to the content, products and services available through this Website, our liability shall be limited to the fullest extent permitted by applicable law, in no event shall we or our owners, officers, directors, employees, agents, successors, subsidiaries, affiliates, distributors or third parties providing information on this site be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). This paragraph shall also apply to (i) the use or the inability to use the Website or services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, products or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Our aggregate liability arising out of or relating to these Terms or Services will not exceed the greater of $100 or the amount you have paid us in the past 1 (one) month.

Acceptance

These Terms supersede all previous representations, understandings or agreements. The Client’s signature (digital or physical) or payment of an advance fee constitutes agreement to and acceptance of all Terms and Conditions. Online and digital payments are an acceptance of all our Terms and Conditions.

Severability

In the event any one or more of the provisions of our Agreement or clauses of Terms & Conditions shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement or clauses of Terms & Conditions shall be unimpaired and the Agreement or clauses of Terms & Conditions shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties.

Governing Law

Any claims to us or our Website, services and products shall be governed by the laws of the Netherlands without regard to its conflict of law provisions.