Metaclusive Terms of Use

  1. Your Agreement to Our Terms

This website (“Site”), is provided by Metaclusive, LLC (“Metaclusive”). The Terms (“Terms”) are a legal agreement between you and Metaclusive. The Terms determine what your rights and obligations are, and what our rights and obligations are. By using this Site, you fully accept these Terms. Please read them carefully before continuing to use the Site.

  1. Our Right to Change the Terms

We may change any part of our Terms at any time. Any changes we make apply immediately. We will notify you through our Site if we make any material changes. You agree that we decide what constitutes a material change. If you continue to use the Site after changes are made, it means you agree to the changes. If do not agree to the changes, then you must stop using our Site.

  1. No Legal Advice

The information and materials available on the Site (“Materials”) are for informational purposes only and are not intended to and do not constitute legal advice or a solicitation for the formation of an attorney-client relationship. The information provided on this Site may not apply to your particular facts or circumstances; therefore, you should seek legal counsel prior to relying on any information that may be found on this Site. Furthermore, information provided on this Site is not intended to be legal advice. Therefore, you should not act on any of the information contained on this Site until you obtain legal counsel from a qualified lawyer in your jurisdiction. No attorney-client relationship is created between you and Metaclusive because of your use of the Site. Metaclusive accepts clients only in accordance with certain formal procedures and does not render legal advice. Metaclusive does not seek to represent anyone desiring representation based upon viewing the Site in a state, territory or foreign country where the Site fails to comply with applicable laws and ethical rules. In addition, though Metaclusive’s founder is a licensed attorney in California, Metaclusive does not seek to practice law in any state, territory, or foreign country where the founder is not properly authorized to do so.

  1. No Attorney-Client Relationship

Metaclusive has established procedures in place for accepting representation of a new client and will only occasionally establish an attorney-client relationship, which include obtaining a signed copy of an engagement letter and clearing conflicts in accordance with the rules of professional ethics in each jurisdiction in which we operate. Unless you are already a client of Metaclusive’s, no attorney-client relationship is created between you and Metaclusive by virtue of your initial or continued use of this Site, including your submission of any unsolicited email or other communication or information to Metaclusive via this Site. Because no attorney-client relationship is created in these instances, any such communications are not considered confidential and may be disclosed to third parties in the manner described in our Privacy Policy.

  1. No Advertisement

This Site and the information contained herein are not intended to be an advertisement or solicitation of business, but it may be considered an advertisement in some jurisdictions.

  1. Ownership

All content displayed on our Site is protected by copyright and trademark laws. You cannot use our Content, except as specified in our Terms. You agree to follow all instructions limiting the way you use our Content. Our Site features a number of logos, service marks, and trademarks that belong to us and third-party service providers. By making them available, we are not granting you any license to use those logos, service marks, or trademarks outside of our Site. Any unauthorized use of our Content may be breaking the law. It also violates our Terms.

  1. Third-Party Service Providers

Our Site utilizes third-party service providers. We do not review, warranty, or endorse third-party content. Functions of our Site, including tagging, may not always be available, accurate, or complete.

  1. Your Transmitted Material

Mobile transmissions are never completely private or secure. You understand that any message or information you send through our Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted (sent in code). Sending information to us does not cause us to have any special responsibility to you unless the law states otherwise.

  1. Minors

You may not use our Site if you are under 18 unless your parent or guardian accepts these terms on your behalf.

  1. Your Waiver of Class Action Resolution

If you have a dispute with us, you agree that any proceedings to resolve the issue, in court or through arbitration, will be on an individual basis. You will not participate in any capacity in any class or representative action, unless both parties specifically agree to do so in writing following initiation of the proceeding. This provision does not apply if the law otherwise prohibits it.

  1. Arbitration

You agree any dispute will be decided by binding Arbitration. To begin Arbitration, either you or we must make a written demand to the other party for Arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of these AAA’s Rules by calling (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out Arbitration will be shared equally between you and us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitration. Unless you and we agree, the Arbitration will take place in the county and state where you live. The Federal Arbitration Act (9 U.S.C. § 1, et seq.) will govern and not any state law on Arbitration. You agree and understand that this Arbitration clause means that you give up your right to go to court on any claim covered by this clause. You also agree that any Arbitration proceeding will only consider your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering your claims.

In the event this Arbitration clause is not approved by the appropriate state regulatory agency, and is ruled unenforceable by the court, you and we specifically agree to waive and forever give up the right to a jury trial. Any lawsuit will be tried before a judge, and not a jury.

  1. Disclaimer of Warranties and Damages

Your use of our Site is at your own risk. Our Site (including all content and functions) is provided “as is.” Remember, our Site is free for your use. Because of this, we do not provide a warranty and your damages are extremely limited. To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever: a) For the accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content published on or available through our Site; b) That the server that hosts our Site is available or free of viruses or anything else that may harm your electronic equipment or data when you use our Site. Under no circumstances, including our own negligence, will we be liable for any consequential, direct, incidental, indirect, punitive, or special damages related to the Site’s functions, contents, or service, even if we or one of our authorized representatives have been advised of the possibility of such damages. Some states do not allow the exclusion of representations and warranties, or limitation of consequential or incidental damages, so the above exclusions or limitations may not apply to you. In no event will our total liability to you exceed $100.00.

  1. About Our Terms

Our Terms, together with our Privacy Policy (link), are the entire agreement between Metaclusive and you with respect to your use of our Site. Any claim you may have with respect to your use of our Site must be brought within 1 year after the claim or cause of action arises. If for any reason the court finds any provision of our Terms unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of our Terms will continue in full force and effect. Our Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules.

  1. Intellectual Property Rights

14.1. Ownership. All content, text, images, graphics, data, information, and other material displayed on the Site, as well as the original selection, arrangement, and presentation of such material displayed, available or present on this Site (“Content”), and all intellectual property rights in such Content (including without limitation trademarks and copyrights, “Intellectual Property Rights”), are the sole property of Metaclusive, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Site is the property of Metaclusive or its licensors and is protected by copyright, trademark, and other proprietary rights and laws unless otherwise noted and may not be used without Metaclusive’s written permission, except as otherwise provided in these Terms. All marks on the Site that are not owned by Metaclusive are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the marks without Metaclusive’s prior express written permission.

14.2. Authorized and Prohibited Uses. You may access, use and display this Site on a single computer only and download and print copies of the Content only for noncommercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms and applicable laws. Except as may otherwise be expressly authorized by these Terms, you may not otherwise reproduce, sell, publish, distribute, transmit, modify, display, use or perform or create any derivative works of any of this Site or the Content or Materials without Metaclusive’s prior written permission. If this Site permits the emailing or sharing of certain Content or a link through the use of an “email” (or similar) icon or a share this using Facebook, Twitter, Instagram, or LinkedIn option, you may send that particular Content or link to others as indicated. You agree not to and not to assist any third party, including Facebook, Twitter, Instagram, or LinkedIn to infringe upon any of Metaclusive’s Intellectual Property Rights or remove or modify related proprietary notices contained in this Site, the Materials or the Content.

  1. Indemnification

Except in situations where an attorney-client relationship exists between you and Metaclusive, You agree to defend, indemnify and hold harmless Metaclusive, its affiliates and its suppliers, and each of their respective partners, officers, directors, employees, representatives, agents and contractors from and against all demands, claims, damages, liabilities, losses, costs, expenses or harms, including without limitation attorneys’ fees, arising in connection with your use of this Site, online conduct, improper or unauthorized use of the Content, breach of these Terms, infringement of any privacy obligations, Intellectual Property Rights or other proprietary rights, or dealings or transactions with other persons resulting from your use of this Site.

  1. Privacy Statement

Metaclusive is concerned about privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at Privacy Policy (“Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms. Please read Metaclusive’s Privacy Policy to better understand what information we collect from you and how we use your information. By using this Site you consent to the terms of Metaclusive’s Privacy Policy.

  1. Miscellaneous

The section titles in these Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Metaclusive, nor trade practice, shall act to modify any provision of these Terms. These Terms are not assignable, transferable or sub-licensable by you. These Terms comprise the entire and exclusive agreement between you and Metaclusive with respect to your use of the Site, superseding any prior agreements or negotiations between you and Metaclusive with respect to your use of the Site.

17.1. Linking. You may link to any page of this Site, but no framing is permitted. Any link to this Site must be immediately followed by notice to Metaclusive via email at info@metaclusive.com. In the event we deem your linking practices in relation to this Site to be inappropriate, we may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of Metaclusive relating thereto. Please use an official Metaclusive Web banner when linking to this Site. You may use such Web banner solely in connection with the link unless and until Metaclusive gives notice that you must stop using the Web banner and/or discontinue linking to this Site.

17.2. Authority of Website Administrator. Metaclusive may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Site, these Terms, the Content or any other link at any time without liability or prior notice. Metaclusive may in its discretion terminate the browsing of, registration with and use of this Site by any user at any time without liability or prior notice for any reason, including without limitation for any breach of these Terms.

17.3. Import/Export Control. You agree not to submit any Content to this Site or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

  1. Your Obligations

18.1. Compliance. You agree to comply with the conditions in these Terms and all applicable laws in connection with your use of this Site.

18.2. Unsuitable Content and Conduct. You will not engage in conduct or submit to this Site any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. You will not cause damage, embarrassment or adverse publicity to Metaclusive.

18.3. Functional Compatibility and System Abuse. You will not attempt to and will not damage, corrupt, tamper with or infect this Site, the Content, the Materials or any information or telecommunication system of Metaclusive with a virus or other malicious computer program. You will only use this Site for the permitted purposes stated in these Terms and will not engage in abusive activity with respect to this Site. Without limiting the generality of the foregoing, you agree not to send, create or reply to so-called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent); engage in “spamming” (i.e., unsolicited emailing for business or other purposes); or undertake any other activity that may adversely affect the use or enjoyment of this Site by any person. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network-probing tools) is strictly prohibited. If you become involved in any violation of system security, Metaclusive reserves the right to release your details to system administrators at other sites and law enforcement authorities to assist them in resolving security incidents.

18.4. Your Cooperation and Notification. You agree to cooperate with all reasonable requests of Metaclusive and will notify us promptly upon learning of any actual or suspected breach of these Terms by you or any unauthorized use or abuse of this Site.

  1. Third Party Sites and Other Information

This Site may contain Content, links and other information submitted by third parties over whom Metaclusive has no control or responsibility, as well as translations thereof that we may arrange. These third-party sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with Metaclusive) Metaclusive is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Metaclusive or any association with its operators.

  1. Contact Information

If you have any questions regarding these Terms or this Site, please contact us at info@metaclusive.com.

Updated:  January 13, 2020