This Agreement governs your relationship with Measurent and your use of and access to all services and products provided by Measurent (collectively, the Services). You agree that by accessing or using any part of the Services you are bound by the terms of this Agreement (the Terms), including the applicable Privacy Policy incorporated herein.
You may not use the Services unless all of the following apply to you, and you affirm that all of the following apply to you:
• You are at least 18 years old;
• You are legally allowed to use the Services where you live;
• You are not using the Services or accepting the Terms on behalf of any other entity, such as a company or organization, unless you have authority to bind that entity to these Terms;
• You have not been banned by Measurent from using the Services.
The Measurent Privacy Policy describes what Measurent can do with information about you received by Measurent when you use the Services. You agree to the terms of the Privacy Policy, including the transfer of information to other countries for storage, processing, and use, if applicable.
Any content that you post to the Services must satisfy all of the following criteria, and you affirm that any content posted, submitted, or otherwise provided by you to the Services satisfies these criteria:
You have the legal right to post the content to the Services.
The content and the purpose for posting it complies with all laws, rules, and regulations that may apply.
The content does not infringe the intellectual property rights (such as copyrights and trademark rights) of any other person or entity.
The content does not include non-public personal private information belonging to someone else, such as another person's birthdate, home address, or telephone number.
You are responsible for your use of the Services and for any content that you post. Measurent does not endorse, support, represent, or affirm the completeness, truthfulness, accuracy, or reliability of any of the content posted through the Services, nor does Measurent endorse any opinions expressed through the Services. All content is the sole responsibility of the person who originated the content, and Measurent does not take responsibility for such content.
You may not interfere with the Services in any way, such as by accessing the Services through automated means in a manner that puts excessive demand on the Services; by hacking the Services; by accessing without authorization areas of the Services that are protected by technical measures designed to prevent unauthorized access; by testing the vulnerability of the Services; by impersonating Measurent on the Services; by accessing the Services for any purpose that competes with the interests of Measurent; by spamming Measurent community members; by failing to respond to operational communications or requests from Measurent; or through any other type of interference with the Services or Measurent's relationships with others.
Measurent may remove any content and terminate your access to the Services at any time and for any reason to the extent Measurent reasonably believes (a) you create risk or possible legal exposure for Measurent, or (b) you are otherwise engaging in unlawful conduct—although Measurent endeavors to allow all free speech that is lawful and does not infringe the legal rights of others. Any invitation made by Measurent to you to use the Services or submit content to the Services, or the fact that Measurent may receive a benefit from your use of the Services or provision of content to the Services, will not obligate Measurent to maintain any content or maintain your access to the Services. Measurent will have no liability to you for removing any content, for terminating your access to the Services, or for modifying or terminating the Services. In addition, accounts which are inactive (without login) for twelve (12) months are subject account removal.
You agree to receive communications from Measurent, including communications sent by phone, email, text message, or other means of communication. If you provided a phone number to Measurent, you are required to notify Measurent when you cease to own or control that number to help prevent Measurent from sending communications to others who may acquire that number.
The Services are provided to you as-is and at your own risk. The Services come with no express or implied warranties, except those that cannot be disclaimed under the law. Measurent DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Measurent makes no representation or endorsement about the function of the Services or any content available through the Services. Measurent has no responsibility or liability to you arising from your use of the Services. Measurent has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although Measurent may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose. Measurent has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, MEASURENT WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (b) FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR COMMUNICATIONS THROUGH THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MEASURENT ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF TWO HUNDRED U.S. DOLLARS (U.S. $200.00) OR THE AMOUNT YOU PAID MEASURENT, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND SHALL FURTHER APPLY WHETHER OR NOT MEASURENT HAS BEEN INFORMED OF THE POSSIBLITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Applicable law and dispute resolution procedure.
The laws of Florida will govern these Terms and any dispute that arises between you and Measurent. You agree that all disputes related to these Terms or the Services will first be mediated, in good faith, within sixty (60) days of the demanding party's provision of a written demand, unless expressly agreed otherwise in a signed writing. In the event that a full settlement is not achieved during mediation, you agree that any dispute, action or proceeding seeking to enforce any provision of, or based on any right arising out of these Terms or otherwise, shall then be settled exclusively by arbitration as set forth hereunder and you hereby waive the right to a jury trial before any court of competent jurisdiction.
Jury Trial Waiver. IN USING THE SERVICES, YOU THEREBY WAIVE A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM BROUGHT OR ASSERTED BY EITHER YOU OR Measurent AGAINST THE OTHER ON ANY MATTERS WHATSOEVER RELATING TO OR ARISING OUT OF THE FORMATION OF AN AGREEMENT BETWEEN THE PARTIES BASED ON THESE TERMS.
Requirement. All claims, controversies, disputes and other matters in question arising out of, or relating to these Terms, the breach hereof or the rights, privileges, responsibilities or duties between or among you and Measurent, shall be decided by confidential arbitration in Florida, USA in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then existing, unless all parties to any such claim, controversy or dispute, or other matter in question, unanimously agree to the contrary. The provisions contained in this Paragraph shall be specifically enforceable under the prevailing arbitration law.
Procedure. The arbitrator or arbitrators for any proceeding conducted hereunder shall be a person or persons with experience in the social media business, selected in accordance with the AAA's Commercial Arbitration Rules then in effect. The parties will be entitled to conduct discovery in accordance with the provisions of Florida applicable code of civil procedure. The remedial authority of the arbitrator or arbitrators will be the same as, but no greater than, would be the remedial power of a court having jurisdiction over the Parties and their dispute. The arbitrator or arbitrators will render a written opinion based on Florida law, and specifying an award, which will be final and binding upon the Parties.
You affirm that you are competent to agree to be bound by this Agreement, meaning that you are over the age of 18 and, if applicable, have the consent of any designated guardian.
Measurent cannot waive any right to enforce this Agreement, unless it does so expressly in writing. No waiver of any part of this Agreement, will be a further or continuing waiver of that part or any other part, and no failure to enforce any part of this Agreement will be deemed a waiver of any kind.
Measurent may modify the Terms of this Agreement in any way and at any time without notice to you, and you agree to be responsible for making yourself aware of any modification of the Terms and to be bound by any modification of the Terms when you continue to access or use the Services after any such modification. As a matter of courtesy, Measurent endeavors to inform its community members of any such changes. These Terms supersede all prior agreements between you and Measurent pertaining to the Services. Except for the statements in this document and the documents expressly incorporated herein by reference, no statement by Measurent or anyone associated with Measurent, whether verbal or written, can modify or supplement the Terms of this Agreement unless the modification or supplement is stated expressly in writing by referring to this Agreement. If any of the Terms in the Agreement are held to be invalid or unenforceable by a court or arbitrator or by operation of law, the remaining Terms will remain in effect.