Metropolee Terms and Conditions
PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY, LOCATED AT (link), BEFORE USING THIS WEBSITE OR PURCHASING ANY PRODUCTS OR SERVICE.
Important Eligibility Notice. To be eligible to use this Site, you must be at least 13 years old. In order to purchase a reseller License (become a Member), or to purchase or sell our product and service, you must be at least 18 years old (or the applicable age of majority and contractual capacity). If you are under the age of 18 and you wish to engage in Metropolee activity, please contact us at support@metropolee.com or have your parent or legal guardian, who will also be deemed to have agreed to this Agreement, contact us. If you continue reading this page, you acknowledge that you are at least 13 years of age and you agree to be bound by our Terms of Use which are an agreement (the “Agreement” ) between METROPOLEE TECHNOLOGIES INTERNATIONAL LIMITED BOND HOUSE MERCHANTS QUAY DUBLIN 8, company number 563059 ( “Metropolee,” the “Company”, “we” or “us” ) and you ( "you" or "User" ).
This Agreement sets forth the legal terms and conditions governing your use of this website (the "Site" ) and for your purchase and/or use of any Metropolee products and service (collectively referred to hereinafter as, “Offerings” ). Metropolee is responsible for the marketing and authentication within company’s platforms (metropolee.com; metrobizfinder.com; metrosma.com; metrotbs.com; metrolb.com) and the Agreement also provides information on how to become an Independent Metropolee Member.
This Agreement and the Metropolee privacy policy (the "Privacy Policy" ) and any other terms and policies incorporated herein by reference (collectively, the "Other Policies" ), constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
OUR RIGHT TO MODIFY. From time to time, we reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove, revise or otherwise change any portion of this Agreement, in whole or in part, at any time. For changes to this Agreement that we consider to be material, we will place a notice on the Site by revising the link on the homepage to read substantially as "Updated Terms of Use" for a reasonable amount of time. If you provide information to us, access or use the Site or participate in any Offering in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of this Agreement will be available on the Site and will supersede all previous versions of this Agreement. Specifically, we reserve the right to enhance, add to, modify or discontinue the Site or other Offerings (except as stipulated in the Metropolee reseller Licenses), or any portion of the Site or other Offerings, at any time in our sole discretion.
WHAT DO YOU AGREE TO? Your use of the Site and all information, data, text, software, information, images, sounds or other materials contained therein, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or participate in any of the Offerings. The information and features included in this Site are subject to change at any time without notice. By accessing or linking to this Site (to the extent linking is permissible), you assume the risk that the information on this Site may be changed or removed.
If you are dissatisfied with the Site or other Offerings, your sole and exclusive remedy is to stop using the Site or Offerings, except for the limited warranties that may apply to Metropolee product and services.
ELECTRONIC COMMUNICATIONS. Visiting the Site or sending emails to Metropolee constitute electronic communications. By visiting the Site or sending emails to Metropolee, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or on the Site, satisfy any legal requirement that such communications be in writing.
YOUR RESPONSIBILITY. You must obtain secure access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity.
We expressly disclaim any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software in connection with the use of the Site or Offerings, and specifically, we disclaim any liability or responsibility for hacking thefts or damages resulting in lost of sales of products and commission.
Metropolee products and business opportunity cannot be offered or sold in any country where either network marketing is illegal. Please contact support@metropolee.com should you have any questions about eligibility as we will be expanding into your markets.
METROPOLEE MEMBER. Metropolee products are sold through Metropolee network of independent Distributor (Member). To purchase Metropolee products, you do NOT have to become an independent Member. If, however, you are interested in starting your own business as an independent Metropolee Distribuotr, please see the Opportunities section of the Site.
YOUR INFORMATION AND YOUR PRIVACY. If you provide information to the Site, you agree to provide accurate, current and complete information about you as requested and you agree to maintain and update such information as appropriate. We will use and maintain any information about you that we collect through the Site in accordance with our Privacy policy.
PROHIBITED USES AND IP. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. This Site and all of the content it contains, or may contain in the future including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, code, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to us or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.
Metropolee™ and our logo are trademarks and/or service marks of METROPOLEE CORPORATION S.AS. and METROPOLEE TECHNOLOGIES INTERNATIONAL LIMITED MetroSMA, MetroTBS, MetroBizFinder, MetroLB and our logo are trademarks and/or service marks of METROPOLEE CORPORATION S.AS. and METROPOLEE TECHNOLOGIES INTERNATIONAL LIMITED All other trademarks, service marks, and logos used on the Site or other Offerings are the trademarks, service marks or logos of their respective owners.
Unless expressly permitted in writing by us, you shall not use the trademarks Metropolee, MetroSMA, MetroBizFinder, MetroTBS, MetroLB (and logos) nor capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material.
Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of us or such third party that may own the Material or intellectual property displayed on the Site. UNAUTHORIZED USE, COPYING, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will constitute a violation of this Agreement.
You agree not to use the Material for any unlawful purpose and not to violate our rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the Site by other members, including without limitation by attempting to access administrative areas of the Site. You agree to report any violation of this Agreement by others that you become aware of. You are advised that we will aggressively enforce our rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
COPYRIGHTS AND COPYRIGHT AGENTS. Metropolee respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, Metropolee has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. Metropolee’s Copyright Agent,may be reached at support@metropolee.com If you believe that any content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Metropolee’s Copyright Agent the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
· The exact URL or a description reasonably sufficient to permit Metropolee to locate where the alleged infringing material is located on the Site;
· Your name, address, telephone number and email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
USER FORUMS. Forums, bulletin boards, chat rooms or other interactive areas that are or may be offered on the Site ("User Forums") are provided to give users a forum to express their opinions and share their ideas and information. The individual who posts content in the User Forums ("Ecosystem Content") is responsible for the reliability, accuracy, and truthfulness of such content, and we have no control over the same. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
We do not and cannot review every message posted by users in the User Forums, and are not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our users or the public. In no event do we assume any obligation to monitor the User Forums or remove any specific material.
You understand that the uploading to and/or posting of any Ecosystem Content in any User Forum shall not be subject to any obligation of confidence on the part of Company, and we shall not be liable for any use or disclosure of any Ecosystem Content.
RESTRICTIONS ON USE. In consideration for your use of the User Forums and functionality, you agree to comply with the "Posting Guidelines" set forth below. Without limiting our other rights and remedies, individuals who violate the following Posting Guidelines may, at our sole discretion, be permanently banned from using the Site:
· harass, stalk or otherwise abuse another user;
· transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libellous, disparaging (including the disparaging of Metropolee), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
· transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
· transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interferes with any third party's use and enjoyment of the Site;
· impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to Metropolee, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
· transmit, post, send, upload, distribute, submit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any LICENSEs or services, except in areas, if any, specifically designated for such purposes; or
· violate any applicable local, state, federal or international law, rule or regulation.
· participate in any part of the Site if you are under the age of 18.
· transmit, post, send, upload, distribute, submit or otherwise make available through the Site any content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
· Collect or harvest the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
· “frame”, “mirror” or “deep link” any part of the Site or other Offerings without our prior written authorization.
· link to any page within the Site or other Offerings from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.
We do not endorse the Ecosystem Content in the User Forums and specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Ecosystem Content provided through a User Forum. By posting or uploading Ecosystem Content to any User Forum or submitting any other Ecosystem Content to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Ecosystem Content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called publicity rights or "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world.
You agree to indemnify us for any and all third-party claims, damages, losses, and causes of action arising from or as a result of your posting or uploading any Ecosystem Content to any User Forum or submitting any Ecosystem Content to us, or your failure to comply with the Posting Guidelines.
THIRD-PARTY SERVICES. The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Metropolee and Metropolee is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Metropolee is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Metropolee of the site or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Metropolee may share such information and data with any third party with whom Metropolee has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
USE OF E-MAIL ADDRESSES PROVIDED BY THE SITE. When using any e-mail address, or e-card/e-message functionality, provided to you on or through the Site, you agree to use such email address in accordance with all applicable laws and not to transmit to any person or entity: any content that violates the Community Guidelines set forth above with respect to the User Forums or that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, vulgar, obscene, harmful, harassing, tortious, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon our or any third party’s intellectual property or other rights; any non-public information about any company; any trade secret; or any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device.
Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-mail recipient which explicitly permits sending e-mail communication to them, or unless a business or personal relationship has already been established with the e-mail recipient. IF YOU ARE “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING METROPOLEE’ LICENSES OR BUSINESS OPPORTUNITY, PLEASE CONTACT US PROMPTLY.
The use of false headers in e-mails or falsifying, forging or altering the origin of any e-mail in connection with Metropolee and/or the LICENSEs and services is prohibited. If a person or entity indicates that they do not want to receive e-mail, you agree not to send e-mail to such person or entity. If a person initially agrees to receive e-mail, but later asks to stop receiving e-mail, you must abide by that request. Metropolee prohibits engaging in any of the foregoing activities, yourself or through the service of another provider, remailer service or otherwise.
MATERIALS AND IDEAS. Metropolee does not immediately claim ownership of the materials you provide to the Site (including passwords, feedback and suggestions) or post, upload, input or submit to any Site or our associated services (collectively "Submissions"). We do not have access to your password and cannot recover it in the event that it is lost. However, by posting, uploading, inputting, providing or submitting your Submissions you are granting Metropolee, our affiliated companies and necessary sub licensees permission to use your Submissions in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submissions, as provided herein. Metropolee is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in Metropolee’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
All Submissions will be treated as non-confidential and non-proprietary. For purposes of this Paragraph, all Ecosystem Content shall be deemed included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of us, and we shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by us without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. We shall have and are irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit.
All Submissions to the Site and/or us shall be our sole property and will not be acknowledged or returned. You agree and understand that we are not obligated to use any Submission you make to the Site or us and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that we have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to us or being developed by our own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any material you submit to the Site and/or us, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any LICENSEs based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
THIRD-PARTY ACCOUNTS. We may permit you, from time to time, to connect your Metropolee account to third-party accounts. By connecting your Metropolee account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
INTERNATIONAL USERS. The Metropolee Site is controlled, operated and administered under the authority of Metropolee from our offices within Colombia and Ireland. If you access the Site from a location outside of Colombia or Ireland, you are responsible for compliance with all local laws, whether in Colombia and Ireland or in your jurisdiction. You agree that you will not use content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
PROMOTIONS. This Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
ERRORS. Although we attempt to maintain the integrity of the Site and other Offerings, we make no guarantee as to the accuracy or completeness of the Site or other Offerings. If you believe that you have discovered an error on the Site, please contact us at support@metropolee.com and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.
TERMINATION/ ACCESS RESTRICTION. Metropolee reserves the right, in its sole discretion, to terminate your access to the Site and its related services or any portion thereof at any time, without notice, to the maximum extent permitted by law. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section. We will determine your compliance with this Agreement in our sole discretion and our decision shall be final and binding. No waiver of any of this Agreement shall be of any force or effect unless made in writing and signed by a duly authorized officer of Metropolee. Upon termination of your membership or access to the Site, or upon demand by Metropolee, you must destroy all materials obtained from this Site (excluding products/services you purchased) and all related documentation and all copies and installations thereof. You are advised that we will aggressively enforce our rights to the fullest extent of the law.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Metropolee as a result of this Agreement or use of the Metropolee Site. Metropolee’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Metropolee’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Metropolee with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
In the case of any conflict, the terms of the License and this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be written in English.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT THIS SITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT WE AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE OFFERINGS, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS SITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Site, in any Offering and/or the Material. Reference to any LICENSE, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. Views and opinions of users of this Site do not necessarily state or reflect those of Metropolee. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Site.
The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
INDEMNIFICATION. BY USING THIS SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES (METROPOLEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES) HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THIS AGREEMENT; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT OUR WRITTEN.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. METROPOLEE AND/OR ITS PARTNERS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CL SITE AT ANY TIME.
METROPOLEE AND/OR ITS PARTNERS OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
MISCELLANEOUS. The laws of Ireland apply to this Agreement (without regard to Ireland’s conflict of law principles that would cause the application of any other jurisdiction's laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any dispute between you and us must be brought before competent courts in Ireland within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Ireland for any cause of action relating to or arising under this Agreement or the Site.
CONTACT US. If you have any questions, comments or concerns about our Site, any Offerings or this Agreement, you may contact us at support@metropolee.com.