METAPLEXUS TERMS OF USE
(“Agreement”)
(“Agreement”)
ACCEPTANCE OF TERMS THROUGH USE
Welcome to metaplexus.io. By using this Site or by clicking “I agree” to this Agreement, you
(“User”) signify your agreement to these terms and conditions. If you do not agree to this
Agreement, please do not use this Site and do not click “I agree.” Please check this Agreement
periodically for changes as the owner of this Site, Metaplexus, LLC (hereinafter referred to as
“Metaplexus” or simply as “Company”) reserves the right to revise this Agreement. In the event
of a change to this Agreement, your continued use of this Site following the posting of any changes
constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use
of this Site at any time without notice and may do so for any breach of this Agreement.
YOU MUST BE 18 OR OLDER TO AGREE TO THIS
AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person 18 or older. If a parent
or guardian wishes to permit a person under 18 to access this Site, they should email the Company
with their explicit permission and acceptance of full legal responsibility. If you are not yet 18 or
are accessing this Site from any jurisdiction where this material is prohibited, please exit now as
you do not have proper authorization.
LICENSE TO USE THIS SITE
Upon your agreement, Company hereby grants you a non–exclusive, non–transferable limited
license to use this Site in strict accordance with the terms and conditions in this Agreement. You
agree not to make any false or fraudulent statements as you use this Site. You acknowledge and
agree that all content and services available on this Site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary
rights under the laws and regulations of the United States and internationally. All rights not
expressly granted herein are fully reserved by the Company, its advertisers, and licensors. You
agree to pay for any and all purchases and services using your name and credit card through this
Site, not to challenge any such charges and to pay for all collections and/or attorneys’ fees resulting
from any non–payment.
expressly granted herein are fully reserved by the Company, its advertisers, and licensors. You
agree to pay for any and all purchases and services using your name and credit card through this
Site, not to challenge any such charges and to pay for all collections and/or attorneys’ fees resulting
from any non–payment.
Privacy
Your access to and continued use of this Site is also governed by Company’s Privacy Policy. Please
review the Privacy Policy here: Privacy Policy
Your access to and continued use of this Site is also governed by Company’s Privacy Policy. Please
review the Privacy Policy here: Privacy Policy
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license,
rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from materials from this Site. Systematic retrieval
of data or other content from this Site to create or compile, directly or indirectly, a collection,
database or directory without written permission from the Company is prohibited. In addition, use
of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Use
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license,
rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from materials from this Site. Systematic retrieval
of data or other content from this Site to create or compile, directly or indirectly, a collection,
database or directory without written permission from the Company is prohibited. In addition, use
of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username and Password by the Company, you shall use your
best efforts to prevent access to this Site through your Username and Password by anyone other
than yourself, including but not limited to, keeping such information strictly confidential, using a secure Username and Password not easily guessed by a third party, and notifying the Company
You agree that if you are issued a Username and Password by the Company, you shall use your
best efforts to prevent access to this Site through your Username and Password by anyone other
than yourself, including but not limited to, keeping such information strictly confidential, using a secure Username and Password not easily guessed by a third party, and notifying the Company
immediately if you discover loss or access to such information by an unauthorized party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble,
translate or otherwise alter any executable code, contents or materials on or received via this Site.
You understand that such actions are likely to subject you to serious civil penalties and criminal
actions and that the Company shall pursue such criminal or civil means to the fullest extent of the
law to protect its rights and the rights of its other licensors.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble,
translate or otherwise alter any executable code, contents or materials on or received via this Site.
You understand that such actions are likely to subject you to serious civil penalties and criminal
actions and that the Company shall pursue such criminal or civil means to the fullest extent of the
law to protect its rights and the rights of its other licensors.
Export
You agree that you shall comply with all applicable export and import control laws and regulations
in your use of this Site or materials or services received through this Site, and, in particular, you
shall not export or re–export anything on or received through this Site in violation of local or
foreign export laws and/or without all required U.S. and foreign government licenses.
You agree that you shall comply with all applicable export and import control laws and regulations
in your use of this Site or materials or services received through this Site, and, in particular, you
shall not export or re–export anything on or received through this Site in violation of local or
foreign export laws and/or without all required U.S. and foreign government licenses.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not
warrant or represent that the Site will be error–free. Data entry errors or other technical problems
may sometimes result in inaccurate information being shown. We reserve the right to correct any
inaccuracies or typographical errors on our Site, including pricing and availability of products and
services, and shall have no liability for such errors. We may also make improvements and/or
changes to the Site’s features, functionality, or content at any time. If you see any information or
description you believe to be incorrect, please contact us at insert contact here and we’ll verify it
for you.
While we use reasonable efforts to include accurate and current information on our Site, we do not
warrant or represent that the Site will be error–free. Data entry errors or other technical problems
may sometimes result in inaccurate information being shown. We reserve the right to correct any
inaccuracies or typographical errors on our Site, including pricing and availability of products and
services, and shall have no liability for such errors. We may also make improvements and/or
changes to the Site’s features, functionality, or content at any time. If you see any information or
description you believe to be incorrect, please contact us at insert contact here and we’ll verify it
for you.
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LINKS TO OTHER WEBSITES
Our Site contains links to other websites for your information and convenience or to provide
additional shopping for various other goods and services through our Merchant and Services
Partners. These third–party websites are responsible for, and undertake to maintain, their own Site
terms of use. We suggest that you carefully review the terms of use of each Site you choose to
access from our Site.
LINKS TO OTHER WEBSITES
Our Site contains links to other websites for your information and convenience or to provide
additional shopping for various other goods and services through our Merchant and Services
Partners. These third–party websites are responsible for, and undertake to maintain, their own Site
terms of use. We suggest that you carefully review the terms of use of each Site you choose to
access from our Site.
USER’S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this Site or
communicate to the Company through this Site (collectively “Submissions”) shall forever be the
property of the Company. The Company shall not treat any submission as confidential and shall
not incur any liability as a result of any similarities that may appear in future Company services or
products. Without copy, the Company shall have exclusive ownership of all present and future
existing rights to any Submission of every kind and nature everywhere. You acknowledge that you
are fully responsible for the message, including its legality, reliability, appropriateness, originality
and copyright. You hereby represent and warrant that your Submission does not infringe the rights
of any third party.
Except with regard to personal information, all information which you post on this Site or
communicate to the Company through this Site (collectively “Submissions”) shall forever be the
property of the Company. The Company shall not treat any submission as confidential and shall
not incur any liability as a result of any similarities that may appear in future Company services or
products. Without copy, the Company shall have exclusive ownership of all present and future
existing rights to any Submission of every kind and nature everywhere. You acknowledge that you
are fully responsible for the message, including its legality, reliability, appropriateness, originality
and copyright. You hereby represent and warrant that your Submission does not infringe the rights
of any third party.
USER CONDUCT
By using features of this Site that allow you to post or otherwise transmit information to or through
this Site, or which may be seen by other users, you agree that you shall not upload, post, or
otherwise distribute or facilitate distribution of any content – including text, communications,
video, software, images, sounds, data, or other information – that:
1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise
in violation of this Site’s rules or policies;
By using features of this Site that allow you to post or otherwise transmit information to or through
this Site, or which may be seen by other users, you agree that you shall not upload, post, or
otherwise distribute or facilitate distribution of any content – including text, communications,
video, software, images, sounds, data, or other information – that:
1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise
in violation of this Site’s rules or policies;
2. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of
publicity, privacy or other proprietary right of any party;
3. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as
“spamming”), chain letters, any other form of unauthorized solicitation, or any form of
lottery or gambling;
4. contains software viruses or any other computer code, files, or programs that are designed
or intended to disrupt, damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any data or
other information of any third party; or
5. impersonates any person or entity, including any employee or representative of this Site,
its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this Site or use
such information for the purpose of transmitting or facilitating transmission of unsolicited bulk
electronic email or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical
contact with, anyone under the age of 18 without appropriate parental consent.
This Site generally does not pre–screen, monitor, or edit the content posted by users of this Site.
However, this Site and its agents have the right, at their sole discretion, to remove any content that,
in this Site’s sole judgment, does not comply with the Site Submission Rules or is otherwise
harmful, objectionable, or inaccurate. This Site is not liable for any failure, delay, damages or
results in removing such content.
INTELLECTUAL PROPERTY RIGHTS
Copyright
The Site design, text, content, selection and arrangement of elements, organization, graphics,
compilation, magnetic translation, digital conversion, and other matters related to the Site are
protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such
elements on this Site does not constitute a waiver of any right in such elements. You do not acquire
ownership rights to any such elements viewed through this Site. Except as otherwise provided
herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed,
transmitted, mechanical, photocopying, recording, or otherwise, without Company’s prior written
permission.
Trademark
The Metaplexus name, logo, and all product names, company names, and other logos (collectively,
“Marks”), unless otherwise noted, are trademarks and/or trade dress of Metaplexus. The use or
misuse of any Marks or any other materials contained on this Site, without the prior written
permission of their owner, is expressly prohibited.
The Metaplexus name, logo, and all product names, company names, and other logos (collectively,
“Marks”), unless otherwise noted, are trademarks and/or trade dress of Metaplexus. The use or
misuse of any Marks or any other materials contained on this Site, without the prior written
permission of their owner, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to online merchants or other third–party sites through links or frames from
this Site. You are cautioned to read their terms and conditions and/or privacy policies before using
such sites. These sites may contain information or material that is illegal, unreasonable or that
some people may find inappropriate or offensive. These other sites are not under the control of the
Company and are not monitored or reviewed by the Company. The inclusion of such a link or
frame does not imply endorsement of that site by the Company, its advertisers or licensors, or any
association with its operators and is provided solely for your convenience. You agree that the
You may be transferred to online merchants or other third–party sites through links or frames from
this Site. You are cautioned to read their terms and conditions and/or privacy policies before using
such sites. These sites may contain information or material that is illegal, unreasonable or that
some people may find inappropriate or offensive. These other sites are not under the control of the
Company and are not monitored or reviewed by the Company. The inclusion of such a link or
frame does not imply endorsement of that site by the Company, its advertisers or licensors, or any
association with its operators and is provided solely for your convenience. You agree that the
Company and its licensors have no liability whatsoever as to such third–party sites and your usage
of them.
DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about this Site,
the suitability of the information contained on or received through use of this Site, or any service
or products received through this Site. All information and use of this Site are provided “as is”
without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all
warranties as to the use of this Site, the information contained or received through use of this Site,
and any services or products received through this Site, including all express, statutory, and
implied warranties of merchantability, fitness for a particular purpose, title and non–infringement.
The Company, advertisers and/or its licensors do not warrant that the contents or any information
received through this Site are 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 contents of any
information received through this Site are free of viruses or other harmful components. Your use
of this Site is solely at your own risk. User agrees that it has relied on no warranties, representations
or statements other than in this Agreement. Because some jurisdictions do not permit the exclusion
of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent
permitted by law of your jurisdiction.
The Company, its advertisers and licensors make no representation or warranties about this Site,
the suitability of the information contained on or received through use of this Site, or any service
or products received through this Site. All information and use of this Site are provided “as is”
without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all
warranties as to the use of this Site, the information contained or received through use of this Site,
and any services or products received through this Site, including all express, statutory, and
implied warranties of merchantability, fitness for a particular purpose, title and non–infringement.
The Company, advertisers and/or its licensors do not warrant that the contents or any information
received through this Site are 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 contents of any
information received through this Site are free of viruses or other harmful components. Your use
of this Site is solely at your own risk. User agrees that it has relied on no warranties, representations
or statements other than in this Agreement. Because some jurisdictions do not permit the exclusion
of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent
permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct,
indirect, punitive, incidental, special, or consequential damages that result from the use 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 the Company, advertisers and/or its licensors
have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct,
indirect, punitive, incidental, special, or consequential damages that result from the use 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 the Company, advertisers and/or its licensors
have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or
its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent
permitted by law of your jurisdiction.
permitted by law of your jurisdiction.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors,
subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and
directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your
use of this Site, or any services, information or products from this Site, or any violation of this
Agreement. The Company 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 shall
cooperate with the Company in asserting any available defenses.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors,
subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and
directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your
use of this Site, or any services, information or products from this Site, or any violation of this
Agreement. The Company 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 shall
cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of
any notice which alleges that User has used this Site for any purpose that violates any local, state,
or federal law or regulation, or any law of other nations, including but not limited to the posting
of information that may violate third–party rights, that may defame a third party, that may be
obscene or pornographic, that may harass or assault another, that may violate hacking or other
criminal regulations of its agent, officers, directors, contractors or employees. In such event,
Company may disclose the User’s identity and a subpoena or other legal action, and Company
shall not be liable for damages or results thereof and User agrees not to bring any action or claim
against Company for such disclosure.
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of
any notice which alleges that User has used this Site for any purpose that violates any local, state,
or federal law or regulation, or any law of other nations, including but not limited to the posting
of information that may violate third–party rights, that may defame a third party, that may be
obscene or pornographic, that may harass or assault another, that may violate hacking or other
criminal regulations of its agent, officers, directors, contractors or employees. In such event,
Company may disclose the User’s identity and a subpoena or other legal action, and Company
shall not be liable for damages or results thereof and User agrees not to bring any action or claim
against Company for such disclosure.
CHOICE OF LAW AND FORUM
This Site (excluding third–party linked Sites) is controlled by the Company from its offices within
the State of Texas, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by Site. As each of these places has laws
This Site (excluding third–party linked Sites) is controlled by the Company from its offices within
the State of Texas, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by Site. As each of these places has laws
that may differ from Texas, by accessing this Site, both you and the Company agree that the
statutes and laws of Texas shall apply to any actions or claims arising out of or in relation to this
Agreement or your use of this Site, without regards to conflicts of laws principles thereof. You
and the Company also agree and hereby submit to the filing of any claim only in the exclusive
personal jurisdiction and venue of Houston, Texas, United States of America and any legal
proceedings shall be conducted in English. The Company makes no representation that materials
on this Site are appropriate or available for use in other locations and accessing them from
territories where their contents are illegal is prohibited.
statutes and laws of Texas shall apply to any actions or claims arising out of or in relation to this
Agreement or your use of this Site, without regards to conflicts of laws principles thereof. You
and the Company also agree and hereby submit to the filing of any claim only in the exclusive
personal jurisdiction and venue of Houston, Texas, United States of America and any legal
proceedings shall be conducted in English. The Company makes no representation that materials
on this Site are appropriate or available for use in other locations and accessing them from
territories where their contents are illegal is prohibited.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this Site allows posting
and posts such Rules. This Agreement constitutes the entire agreement between the parties related
to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic)
agreement between the parties and shall not be changed except by written agreement signed by an
officer of the Company. If any provision of this Agreement is prohibited by law are held to be
unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much
as possible under applicable law shall continue in full force and effect as if such unenforceable
provision had never constituted a part hereof and the unenforceable provision shall be
automatically amended so as to best accomplish the objectives of such unenforceable provision
within the limits of applicable law.
This Site reserves the right to revise these provisions at its discretion,
so check back from time to time to be sure you are complying with the
most current version.
This Agreement incorporates by reference the Site Submission Rules if this Site allows posting
and posts such Rules. This Agreement constitutes the entire agreement between the parties related
to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic)
agreement between the parties and shall not be changed except by written agreement signed by an
officer of the Company. If any provision of this Agreement is prohibited by law are held to be
unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much
as possible under applicable law shall continue in full force and effect as if such unenforceable
provision had never constituted a part hereof and the unenforceable provision shall be
automatically amended so as to best accomplish the objectives of such unenforceable provision
within the limits of applicable law.
This Site reserves the right to revise these provisions at its discretion,
so check back from time to time to be sure you are complying with the
most current version.
Last Revised: September 7, 2022