Terms of Use and Privacy Policy
1. AGREEMENT. This Terms of Use, including Privacy Policy, is an agreement ("Agreement") between Mongoose Metrics, LLC. ("Mongoose Metrics") and you, a visitor to and end user ("End User") of our website (the “website”) on which this Agreement resides. By using this website, END USER AGREES TO BE BOUND BY THIS AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AND CHECK THEM EACH TIME YOU VISIT OUR WEBSITE AS WE RESERVE THE RIGHT TO CHANGE THESE TERMS AT ANYTIME, AND SUCH CHANGED TERMS WILL APPLY TO END USER AND END USER’S USE OF THIS WEBSITE FROM THE DATE OF SUCH CHANGE. This Agreement affects the legal rights between End User and Mongoose Metrics by, among other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; AND (2) LIMITING Mongoose Metrics' LIABILITY UNDER THIS AGREEMENT. BY USING THIS WEBSITE, End User acknowledges that S/HE IS of legal age to enter into this Agreement.
2. OWNERSHIP AND LICENSE. Mongoose Metrics is the owner of all information, service and trade marks, data, and materials (singularly and collectively (“Material”) appearing on this website, except as otherwise noted. This Material is protected by applicable laws, including federal, state, and local laws, and End User acknowledges by use of this website that it has no rights or interests in such Material, except for the limited license granted in this paragraph 2. Mongoose Metrics grants to End User a limited, non-exclusive, and revocable license to view the Material when visiting the website. This limited license terminates at the end of each viewing session. Without Mongoose Metrics’ express written permission, End User may not copy, re-assemble, distribute, or make any other use of the Material. If End User makes any use of the Material beyond that which is permitted by the license granted in this paragraph 2, End User shall be in breach of this Agreement and liable for any and all damages Mongoose Metrics may incur. End User is hereby notified that Mongoose Metrics has invested considerable sums to create, protect, and make use of the Material, and any unauthorized use of such Material likely will cause Mongoose Metrics to incur significant damages.
3. WARRANTY AND LIABILITY LIMITATIONS. Mongoose Metrics PROVIDES THE WEBSITE AND THE MATERIAL APPEARING ON THIS WEBSITE AS IS AND MAKES NO WARRANTIES WITH REGARD TO SUCH MATERIAL OR WEBSITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4. DISCLAIMER OF LIABILITY AND OF DAMAGES. IN NO EVENT SHALL Mongoose Metrics, its officers, directors, employees, OR ITS VENDORS BE LIABLE FOR ANY DAMAGES, INCLUDING GENERAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF LIFE, INJURY, LOSS OF DATA, LOSS OF REVENUE OR OF PROFITS, ARISING OUT OF, OCCURRING IN CONNECTION WITH, OR RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIAL INCLUDED HEREIN.
5. RESTRICTIONS ON USE. Any use of this website, the Material, or any of our products, sometimes referred to as “Services,” must be used in full compliance with all applicable laws, including laws prohibiting exportation of certain information, service, and products, or infringement of the rights of others. Mongoose Metrics’ Services are only provided for a customer’s use, and are not provided for resale. Any use of Mongoose Metrics’ Services which is not in full compliance with all applicable laws, which involves reselling our Services, or any action that causes a disruption or interferes in the network integrity of Mongoose Metrics or its vendors, or in the disruption or interference of providing Mongoose Metrics’ provision of Services to others, whether directly or indirectly, is strictly prohibited, may subject End User to liability for damages, and, if End User has entered into a contract with Mongoose Metrics for the provision of Services, could result in termination of such contract at the sole discretion of Mongoose Metrics.
6. INDEMNIFICATION. End User agrees to defend, indemnify, and hold harmless Mongoose Metrics, its officers, directors, licensors, affiliates, agents, contractors, and vendors from and against any third party claims or from any damages, costs, expenses, or losses incurred, suffered, or resulting from or relating to End User’s breach of this Agreement, including reasonable attorneys’ fees and costs in filing a claim or action against End User for violation of a term of this Agreement.
7. PRIVACY. Mongoose Metrics collects and retains certain personally identifiable information provided by or obtained from an End User or a customer who is receiving Services from Mongoose Metrics. This may include, but not be limited to, name, phone number, mailing address, financial and credit card information, information submitted in response to a job listing, or information submitted or provided to us when asking or complaining about our Services or our company. Mongoose Metrics also collects information regarding email and internet protocol address and use of this website and Mongoose Metrics’ Services, whether with the use of “cookies” or otherwise. Once an End User or customer chooses to provide or Mongoose Metrics’ obtains personally identifiable information, it will be used for the following purposes: (a) in the context of operating or managing our business, including improving an End User’s or a customer’s experience with this website or Mongoose Metrics’ Services; (b) to deliver, bill for, and collect payment for products or Services; (c) in connection with offering or providing Mongoose Metrics’ products or Services, or the products or services of companies with whom Mongoose Metrics does business; (d) to meet legal or regulatory requirements; or (e) to obtain credit information or provide it, when necessary or appropriate, to others. Mongoose Metrics will not sell, rent, or lease personally identifiable information to others except in the context of a sale of Mongoose Metrics’ business (including sale or transfer of Mongoose Metrics’ assets or company stock). Mongoose Metrics may also share personally identifiable information with companies with whom it is affiliated. For more information about our privacy policy, or to submit a complaint about it, please see contact information at www.mongoosemetrics.com/contact.
8. OTHER IMPORTANT MATTERS: Mongoose Metrics only provides its Services described in this website pursuant to a written contract, sometimes referred to as a Service Agreement, at which time End User will become a customer of Mongoose Metrics. Be certain to read such written contract carefully as it contains other important terms regarding the provision and use of Mongoose Metrics’ Services, including the following significant terms: (A) Limitation of Mongoose Metrics’ Liability; (B) Limitation of and Disclaimer of Warranties; (C) Agreement to Mandatory Arbitration; (D) Application of the laws of the state of Ohio as the governing law; (E) Incorporation of the Privacy and Restrictions of Use provisions in this Terms of Use; and (F) Acknowledgement that Mongoose Metrics owns and has all rights to any telephone number provided by Mongoose Metrics and used in connection with the Mongoose Metrics’ Service.
Terms of Use and Privacy Policy Effective January 12, 2010
