Terms and Conditions
MacroView Labs User Agreement
Last Updated: June, 2009
This Agreement is made between MacroView Labs and the Site visitor and/or customer. We reserve the right at any time to:
- Change the terms of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of the Site
- Change the Services we offer, including eliminating or discontinuing any type of login services or products
Please read this User Agreement carefully, because by visiting the MacroView Labs Site you agree to follow the rules of the Agreement. From time to time we may modify these rules. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or via electronic mail. Your use of the Site and/or Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version.
Your continued use of the MacroView Labs Site and/or Services after any modification indicates your agreement to the new terms.
Web Site Materials. Copyright on the MacroView Labs Site and all materials included in it is owned by or licensed to MacroView Labs and all rights are reserved. You must abide by all copyright notices and restrictions contained on the MacroView Labs Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the MacroView Labs Site (including video, phones, content, computer programs or other code) (“Site Materials”), except that you make a reasonable number of machine-readable copies of the Site Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials.
MacroView Labs, the MacroView Labs logo, and any other trademarks on the Site are owned by MacroView Labs. You may not use the MacroView Labs Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.
Links, Frames, and Metatags
You may link to the home page of the MacroView Labs Site as long as the link does not cast us in a false or misleading light. You may not frame the content of the MacroView Labs Site. You may not use metatags or any other “hidden text” that incorporates the MacroView Labs Trademarks or our name without our express written consent.
Collection and Use of Personal Data
Collection of Personally Identifying Information. We provide page(s) that allow you to submit information about yourself or your company. This data is used expressly in our business relationship only.
MacroView Labs is concerned with the security of your personal data, and has put in place measures to keep your personal data secure.
We may collect anonymous data when you visit most pages on the MacroView Labs Site. Your visit may automatically provide us with data that is not linked to your personal information, such as your IP (Internet Protocol) address, browser type, operating system, domain name, access times, and referring web site addresses. We use your anonymous data to obtain general statistics regarding the use of the MacroView Labs Site and its specific Web pages and to evaluate how our visitors use and navigate our Web site on an aggregate basis. We do not link your anonymous data with personal data.
Disclaimer and Limitation of Liability
THIS SITE, THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE “CONTENTS”), AND ANY VERBAL OR WRITTEN ADVICE PROVIDED BY MACROVIEW LABS’S EMPLOYEES AND CONTRACTORS IS PROVIDED ON AN “AS IS” BASIS. WHILE MACROVIEW LABS STRIVES TO PROVIDE HELPFUL INFORMATION, THE CONTENTS AND ADVICE ARE GIVEN WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEE OF ANY KIND. MACROVIEW LABS MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE OR WILL ACHIEVE THE RESULTS YOU SEEK.
MACROVIEW LABS AND ITS AFFILIATES AND AGENTS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE CONTENTS AND ADVICE DISPENSED BY MACROVIEW LABS. WE DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SERVICE WILL BE ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR ADVICE DISPENSED ARE FREE OF INACCURACIES, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES.
EXCEPT AS MAY BE EXPRESSLY STATED ON THIS WEB SITE, NEITHER MACROVIEW LABS NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE INFORMATION OR CONTENTS AVAILABLE FROM THIS SITE, OR THE DIRECT OR IMPLIED ADVICE DISPENSED VERBALLY, IN WRITTEN FORM OR OTHERWISE TO YOU BY ANY REPRESENTATIVE OF MACROVIEW LABS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION): COMPENSATORY; DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME OR PROFIT; ADVERSE OUTCOMES; LOSS OF OR DAMAGE TO PROPERTY OR REPUTATION; AND CLAIMS OF THIRD PARTIES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SERVICES, AND/OR MACROVIEW LABS IS TO STOP USING THE SITE AND/OR SERVICES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MACROVIEW LABS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE AND RECEIVE SERVICES. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MACROVIEW LABS AND ITS AGENTS AND OFFICERS FROM AND AGAINST ALL CLAIMS, DAMAGES, ACTIONS, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEY AND ACCOUNTING FEES) RESULTING FROM USING THE MACROVIEW LABS SITE OR MACROVIEW LABS PRODUCTS & SERVICES OR YOUR BREACH OF THESE TERMS.
If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
We are not responsible for the conduct, whether online or offline, of any User of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users or MacroView Labs Representatives. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, or any interactions between Users of the Services, whether online or offline.
MacroView Labs may make improvements, deletions, changes or other modifications to this site and its services at any time without notice.
Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
Governing Law & Arbitration
The Site is solely directed to individuals residing in the United States. We control and operate the Site from within the State of California, United States of America. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This User Agreement will be governed by the laws of the State of California applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of California and San Francisco County and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
We reserve the right to suspend the MacroView Labs Site, MacroView Labs Services or terminate this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.
Prohibited actions include: violating or attempting to violate the security of the MacroView Labs Site or Services, including without limitation, the following activities: (a) accessing data not intended for you; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any MacroView Labs Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. MacroView Labs will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Please contact us with any questions regarding this Agreement by e-mailing us at: support@MacroViewLabs.com.