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Terms of Use
These Terms of Use are entered into by and between you and Metricstory, Inc. ("Metricstory," "company," "we," "our" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference ("Terms of Use") govern your access to and use of Metricstory, including any content, functionality and services offered on or through the website https://metricstory.com/ and any subdomains (the "Platform"), whether as a guest or registered user.

USER ELIGIBILITY AND OBLIGATIONS
This Platform is not directed at people under the age of 13, and we do not knowingly collect any personal information from such persons. If you know that a user under the age of 13 is accessing the Platform, please contact us. By using this Platform, you represent and warrant that you are above the age of 13 and that you agree to the Terms of Use and the Privacy Policy. If you do not meet any of these requirements, you must not access or use the Platform.

ACCESS AND ACCESSIBILITY
The Platform is generally accessible by all visitors ("Users"). Certain sections of the Platform and certain features are only available to users who create an account ("Account") by providing certain personal information as part of an account registration process ("Registered Users"). In addition, Registered Users who have a subscription to the Platform and are current on their subscription fees ("Premium Users") will be granted additional access to content, services and features which are unavailable to Users or Registered Users.

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We make no representations or warranties regarding uptime of this Platform and will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to certain parts of the Platform, or the entire Platform, to any and all Users, including Registered Users and Premium Users.

ACCESS CREDENTIALS & SECURITY
Registered Users will be required to provide personal information as part of the registration process. It is a condition of your use of the Platform that all such information provided is correct, current and complete. By creating an Account, and becoming a Registered User, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Each Account is intended to be used by a single individual. As a condition to your use of the Platform, you agree to treat all access credentials as confidential, and you must not disclose such information to any other person or entity or to allow any third party to have access to your Account.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your Account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

SUBSCRIPTIONS AND PURCHASES
General Purchases. If you elect to make a purchase with Metricstory, including the purchase of a subscription to our services, you will be required to provide certain personally identifiable information necessary for us to charge you for the goods or services provided. Your subscription contact ("Sales Agreement") will start at a mutually agreed upon date and last for the length of time stated in your contract ("Subscription Period"). You agree that Metricstory may bill you for all applicable fees you may incur while using the Platform. Fees will be provided in writing by Metricstory in your Sales Agreement.

Subscription Cancellation and Refunds. Once subscribed, you will be entitled to access premium content as a Premium User for the duration of your subscription. The amounts paid for any subscription is non-refundable and you cannot obtain a refund by cancelling your subscription during any particular Subscription Period, unless otherwise explicitly stated in your Sales Agreement.

PROHIBITED USES
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party.
  • To use the Platform to process data on behalf of any third party.
  • To modify, adapt, or "hack" the Platform to attempt to gain unauthorized access to the Services or its related systems or networks.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set forth in these Terms of Use.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platform.

CONFIDENTIALITY
Subject to the express permissions of these Terms, each party agrees not to disclose the other party's Confidential Information without the other partyʼs prior written consent. "Confidential Information" includes without limitation:

  • All software, technology, programming, specifications, materials, guidelines and documentation relating to the Platform, including the existence and content of this Agreement and any information provided pursuant to the Agreement.
  • Any statistics relating to the performance of the Platform.
  • Any other information designated in writing by either party as "Confidential" or an equivalent designation.
  • Information disclosed under circumstances that a reasonable person should know such information is confidential/proprietary.

Confidential Information does not include information that has become publicly known through no breach by the receiving party, or information that has been:

  • Independently developed without access to the disclosing party's Confidential Information as evidenced in writing.
  • Rightfully received by the receiving party from a third party.
  • Required to be disclosed by law or by a governmental authority.

Neither party will use the other party's name and logo in any news release, public announcement, advertisement, or other form of publicity without the prior written consent of the other party (which includes email and Sales Agreement). Either party may use the other party's name and logo on such party's website and in publicity that announces the parties are working together, unless otherwise agreed upon in your Sales Agreement.

INTELLECTUAL PROPERTY RIGHTS
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, data available for download, and the design, selection, and arrangement thereof), are owned by Metricstory, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not:

  • Modify copies of any materials from this Platform.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text and without express, prior written permission of Metricstory.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: support@metricstory.com.

If you use or provide any other person with access to any part of the Platform in breach of these Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS
The Company name, the terms "Metricstory", the Company logo, and all related names, logos, product and service names, designs, slogans, trade dress and other derivatives thereof ("the Marks" are trademarks of the Company or its affiliates or licensors. You must not use such Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners. You shall not do or attempt to do any of the following: (a) claim any rights in the Marks, (b) dilute or otherwise degrade the Marks, or use the Marks to disparage or misrepresent Metricstory, its services or products.

CHANGES TO THE PLATFORM
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE PLATFORM
All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE PLATFORM AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

LINKS FROM THE PLATFORM
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You agree that Metricstory is not liable for any damage or loss caused or alleged to be caused by, or in connection with, your access or use of any third party services.

WARRANTIES AND DISCLAIMER
Each party warrants that:

  • It has the full power to enter into these Terms and to perform its obligations hereunder.
  • It shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, provincial, state, municipal, and local governing bodies of any country having jurisdiction over these Terms or any part thereof.
  • If access to the other party's facilities and computer systems is provided to it, it shall take all necessary precautions to protect against the integrity of such party's facilities and computer systems, including without limitation, complying with any policies applicable thereto provided to it.
  • Its performance of its obligations under these Terms shall not break any other agreement entered into by it.
  • It shall perform all of its obligations hereunder in a professional and competent manner, and in good faith

EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE PLATFORM AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW. METRICSTORY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT METRICSTORY DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM METRICSTORY OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

GENERAL PROVISIONS & CLAIMS
These Terms shall be governed by and construed in accordance with the laws of the State of Washington without regard to the conflicts of laws provisions thereof. Any claims, legal proceeding or litigation arising in connection with the Terms will be brought solely in Seattle, Washington, and you consent to the jurisdiction of such courts. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. The word "including" shall also mean "including but not limited to".

WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

YOUR COMMENTS AND CONCERNS
The Platform is operated by:

Metricstory
615 2nd Ave, Suite 620
Seattle, WA 98104
support@metricstory.com

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@metricstory.com.


Last modified: August 6, 2018