This End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity collectively known as the "Customer"), and Metamend Service & Design Ltd. (the "Company") regarding the use of Company's services namely, the Metamend search engine optimization services, or other Metamend.com Branded Product/Service. (and all successor products/services), as the case may be which may include user documentation provided in "online" or electronic form (the "Service"). Before you click on the "I Agree" button, carefully read the Terms & conditions of this Agreement. By clicking on the "I Agree" button, you are consenting to be bound by this Agreement. If you do not agree to ALL of the terms of this Agreement, click the "I do NOT agree" button, and the service will not be subscribed for your web site.
Grant of License. During the term of your subscription license, subject to the payment of the applicable fees and your compliance with the terms hereof, this Agreement permits you to use one copy of the specified version of the Service, on only one web site. If you have purchased multiple licenses for the Service, then at any time you may have as many copies of the Service in use as you have licenses.
Restrictions. You may not transfer your rights under this Agreement; the service is provided to the web site url originally subscribed, and may not be transferred to any other url. You may not modify, or create derivative works based upon the Service. This restriction may be waived from time to time, solely at the company's discretion.
Copyright. The Service is owned by Company or its suppliers or Companys and is protected by Canadian and United States copyright laws and international treaty provisions. We own and retain all right title and interest in and to the Service, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Therefore, you may not use, copy, or distribute the Service without authorization.
No Warranties. The service is provided "as is" without any warranty whatsoever. You assume all risks and responsibilities for selection of the service to achieve your intended results, and for and all results obtained from the service. The Company makes not warranty that the service will be error free or free from interruption or failure, or that it is compatible with any other particular service. To the maximum extent permitted by applicable law, company disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement with respect to the service and any accompanying written materials. You hereby acknowledge that the service may not be or become available due to any number of factors, including without limitation periodic system maintenance, acts of God, technical failure of the service, telecommunications, infrastructure, or delay or disruption attributable to viruses, denial of service attacks, increased or fluctuating demand, and actions and omissions of third parties. Therefore Company expressly disclaims any express or implied warranty regarding system and or service availability, or performance.
Limited Liability. No liability for consequential damages. You assume the entire cost of any damage resulting from your use of the service and the information contained in or compiled by the service and the interaction (or failure to interact properly) with any other service or feature, whether provided by the Company or a third party. To the maximum extent permitted by applicable law, in no event will Company or its suppliers or Companys be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, loss of goodwill, work stoppage, hardware or service disruption, repair costs, time value or other pecuniary loss arising out of the use or inability to use the service, or the incompatibility of the service with any other service or usage. In no event will Company's total liability to you for any and all damages, whether in contract, tort or otherwise exceed the amount paid by you for the service, for the month in which any issue may have arisen.
Term. The term of this agreement shall commence upon completion of the technical portion of the enrollment application, and shall be for the period subscribed.
Renewal. Upon expiration of your subscription to the Service, the Company shall automatically renew your subscription to the Service at the then prevailing price using credit card information you have previously provided. You may elect not to renew your subscription by contacting the Company's customer service department and informing them of your desire not to renew your subscription prior to any such renewal.
Service. Company will provide its current services, in accordance with such package or options as subscribed to by the Customer, with such updates and improvements as are implemented from time to time.
Responsibility for Customer Web Site. Customer shall be solely responsible for the development, operation, and maintenance of Customer site and for all materials that appear on said site, including the accuracy and appropriateness of materials posted on your site; Ensuring that materials posted on Customer site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights); And for ensuring that materials posted on Customer site are not libelous or otherwise illegal. Company disclaims all liability for the above matters. Further, Customer hereby indemnifies and holds Company harmless from all claims, damages and expenses (including, without limitation, attorneys fees) relating to the development, operation, maintenance and contents of Customer site.
Identification. We grant you ("End User /Customer") a non-exclusive, revocable right to use optionally use the Metamend ("Company") logo, banners, and/or buttons provided for linkage and such other images for which we grant express permission, solely for the purpose of identifying your site as a program participant. You may not modify the icon, the message or any of our images in any way. Company reserve all of our rights in the icon, the message, any other images, our trade names, copyrights, trademarks, and all other intellectual property rights. We may revoke your license at any time, by written notice to you.
Further, Customer grants to Company the right to identify Customer and Customer web sites as clients of Company, both by name and by any identifying corporate symbols or logos. Company shall make not claim of ownership to Customer trade names, copyrights, trademarks, and all other intellectual property rights.
Acknowledgement. You acknowledge that you, the Customer, has read this agreement and agree to all its terms and conditions. You understand that the Company may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
Miscellaneous. This agreement will be governed by the laws of the Province of British Columbia and Canada without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the courts located in British Columbia and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding on, inured to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.