Metwork™ Terms of Use
Last Updated: July 24, 20231. Acceptance of the Terms of Use
1.1 These terms of use are entered into by and between You and Metier Technologies, Inc. d/b/a . Metwork (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of https://metwork.com and any subdomains thereof, including any content, functionality, and services offered on or through https://metwork.com and any subdomains thereof (collectively, the “Website”), whether as a guest or a registered user.
1.2 PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT [HTTPS://METWORK.COM/PRIVACY-POLICY/], INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
1.3 This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Website.
2. Changes to the Terms of Use
2.1 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 Website thereafter. However, any changes to the dispute resolution provisions set out in Section 24 – Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
2.2 Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this Website from time to time so you are aware of any changes, as they are binding on you.
3. Accessing the Website and Account Security
3.1 We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
3.2 To access the Website or some of the resources or functionalities it offers, you may be asked to create an account and provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [https://metwork.com/privacy-policy/], and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You are responsible for making all arrangements necessary for you to have access to the Website and all of its functionalities.
3.3 If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
3.4 We have the right to disable any user name, 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.
4. Payment Terms
The price of your account (the “Subscription Fee”) and the Subscription Fee billing frequency is set forth in the applicable registration form when you create your account. We will automatically bill you on the first day of the applicable billing term. We reserve the right to change the Subscription Fee at any time upon 30 day’s prior notice. By continuing use of the Website after the expiration of such 30-day period, you will be deemed to have agreed to the new Subscription Fee. You shall provide us with accurate and complete billing information. If your form of payment expires during the term of your subscription, you shall promptly provide us with a valid form of payment.
5. Termination
These Terms of Use take effect when you first access the Website and remain in effect until your account is canceled or terminated and you otherwise discontinue access to the Website. You may cancel your account at any time by contracting customer service at support@metwork.com. Upon cancellation or termination of your account, you may no longer access, download, or export any Contributions.
6. Intellectual Property Rights
6.1 The Website and its contents, features, and functionalities (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), excluding Contributions, are owned by the Company, 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.
6.2 No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
7. Trademarks
The Company name, the terms “Metwork” or “Metier Technologies,” and the Company logo, and all related names, logos, product and service names, designs, and slogans 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 Website are the trademarks of their respective owners.
8. Prohibited Uses
8.1 You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
(a) 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);
(b) 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;
(c) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in Section 12 of these Terms of Use;
(d) 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;
(e) 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); or
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
8.2 Additionally, you agree not to:
(a) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
(b) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(c) Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
(d) Use any device, software, or routine that interferes with the proper working of the Website;
(e) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
(g) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
(h) Otherwise attempt to interfere with the proper working of the Website.
9. Public Contributions
9.1 The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) content or materials accessible or viewable by all users of the Website (collectively, “Public Contributions”) on or through the Website.
9.2 All Public Contributions must comply with the Content Standards set out in these Terms of Use.
9.3 Any Public Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any Public Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
9.4 You represent and warrant that:
(a) You own or control all rights in and to the Public Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
(b) All of your Public Contributions do and will comply with these Terms of Use.
9.5 You understand and acknowledge that you are responsible for any Public Contribution you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
9.6 We are not responsible or liable to any third party for the content or accuracy of any Public Contributions posted by you or any other user of the Website.
10. Private Contributions
10.1 The Website may also contain data rooms, virtual work spaces, and other interactive features (collectively, “Collab Services”) that allow users to privately collaborate and share and upload content or materials accessible to or viewable by a designated group of users (collectively, “Private Contributions,” and together with Public Contributions, “Contributions”) on or through the Website.
10.2 All Private Contributions must comply with the Content Standards set out in these Terms of Use.
10.3 Any Private Contribution you upload to, share to, or generate through the site will be considered confidential and proprietary. However, your Private Contributions are posted and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your Private Contributions. Therefore, we cannot and do not guarantee that your Private Contributions will not be viewed by unauthorized persons and we cannot and do not guarantee that other users will maintain the confidential nature of information shared as Private Contributions.
10.4 You represent and warrant that:
(a) You own or control all rights in and to the Private Contributions;
(b) All of your Private Contributions do and will comply with these Terms of Use; and
(c) You are responsible for ensuring compliance with any laws, rules, or regulations governing the sharing or distributions of your Private Contributions.
10.5 You understand and acknowledge that you are responsible for any Private Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
10.6 We are not responsible or liable to any user or other third party for the content or accuracy of any Private Contributions posted, shared, uploaded, created, or generated by you or any other user of the Website.
11. Monitoring and Enforcement; Termination
11.1 We have the right to:
(a) Remove or refuse to post any Contributions for any or no reason in our sole discretion.
(b) Take any action with respect to any Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
(e) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
11.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; provided, however, that we will use reasonable efforts to give you written notice before disclosing Private Contributions, unless prohibited from doing so by the legal or administrative process, so that you may try to obtain an order protecting your Private Contributions from public disclosure. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
11.3 We cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
12. Content Standards
These content standards apply to any and all Contributions and use of Interactive Services and Collab Services. All Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Public Contributions and Private Contributions must not:
(a) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(c) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [https://metwork.com/privacy-policy/];
(e) Be likely to deceive any person;
(f) Promote any illegal activity, or advocate, promote, or assist any unlawful act;
(g) Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
(h) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, unless otherwise sponsored by us; or
(i) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
13. Copyright Infringement
13.1 If you believe that any Public Contributions violate your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. The written notice (the “Copyright Notice”) must include substantially the following:
(a) Your physical or electronic signature;
(b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
(c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
(d) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
(e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in the written notice is accurate; and
(g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
13.2 Our designated copyright agent to receive Copyright Notices is:
Chris Matney, COO
2840 Fairfax Ave, Suite 212
Denver CO 80207
303-351-2092
support@metwork.com
13.3 If you fail to comply with all of the requirements of this section, your Copyright Notice may not be effective.
13.4 Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
14. Reliance on Information Posted
14.1 The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
14.2 This Website includes content provided by third parties, including materials provided by other users. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
15. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
16. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy [https://metwork.com/privacy-policy/]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
17. Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
18. Social Media Features
18.1 This Website may provide certain social media features that enable you to:
(a) Link from your own or certain third-party websites to certain content on this Website;
(b) Send emails or other communications with certain content, or links to certain content, on this Website; and
(c) Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
18.2 You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
18.3 We may disable all or any social media features and any links at any time without notice in our discretion.
19. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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 Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
20. Geographic Restrictions
The owner of the Website is based in the State of Colorado in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
21. Legal Disclaimer
The information and content provided on or through this Website does not, and is not intended to, constitute legal advice of the Company. The Contributions posted on or through this Website are made by the users posting such Contributions in their individual capacities only and do not reflect the views or advice of the Company. The operation of this Website does not create an attorney-client relationship between you and Metier Technologies, Inc.
22. Disclaimer of Warranties
22.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
22.2 YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
22.3 TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
23. Limitation on Liability
23.1 UNLESS OTHERWISE PROVIDED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY), OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL EVENT GIVING RISE TO LIABILITY HEREUNDER.
23.2 THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. 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 Website, including, but not limited to, your Public Contributions and Private Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
25. Governing Law and Jurisdiction
25.1 All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
25.2 Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the County of Denver You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
26. Waiver and Severability
26.1 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.
26.2 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.
27. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
28. Your Comments and Concerns
28.1 This website is operated by Metier Technologies, Inc. d/b/a Metwork, 2840 Fairfax Street, Suite 212, Denver, CO 80207.
28.2 All notices of copyright infringement claims should be delivered in accordance with the procedures set forth under “Copyright Infringement” above.
28.3 All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@metwork.com.