Last updated: December 9, 2014
This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
Your Compliance with this Agreement
Interacting With Metrojolt
Metrojolt offers a service to assist you in comparing prices for products and services provided by our network of retailers.
If we require you to create a password to use certain portions of Metrojolt, or use a password you have created with a third party (such as Facebook), then it is your sole responsibility to maintain the security of that password. You agree that we shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any or our services via your registration or password.
Metrojolt is Not Intended for Minors
Metrojolt is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age.
Your Access and Use of Metrojolt
Your access and use of Metrojolt may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Metrojolt or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of Metrojolt and/or any portion or feature of Metrojolt.com at any time in our sole discretion and without prior notice.
User Generated Content
Metrojolt may act as a venue, through its blogs and other forums (collectively, the “Forums”), allowing users of Metrojolt to contribute information and make statements (“User Generated Content”). We are not involved in the actual transmission of User Generated Content provided in the Forums. As a result, we do not approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided in the Forums, we reserve the right, but not the obligation, to remove or edit any User Generated Content in the Forums.
Transmissions, Submissions and Postings to Metrojolt
If you transmit, submit or post information to Metrojolt that is not Federally trademarked and/or copyrighted, you automatically grant us and our affiliates and assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from us to transmit, submit or post information to Metrojolt that is Federally trademarked and/or copyrighted, you automatically grant to us and our affiliates and assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to Metrojolt:
- Information that infringes on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, pornographic, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without written permission from us; or
- Federally Trademarked and/or Copyrighted information without written permission from us.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
Publicity Waiver and Release
We may, but are not obligated to, use and publicize your name, likeness and other personal characteristics and private information for market research, advertising, promotion and other commercial and business purposes. In exchange for your ability to visit, use and/or submit information to Metrojolt, you give us your permission for such use and publicity for such purposes, according to the terms of this Agreement. For example, we might display your Facebook profile image if you submit a review or testimonial.
You hereby irrevocably permit, authorize and license to us, our customers and each of our advertising agencies, promotion agencies, fulfillment agencies and other vendors, and the employees, officers, directors and agents of each and all of them (“Authorized Persons”), to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use and permit others to use your name, image, likeness, appearance, voice, biographical information, and other personal characteristics and private information that you submit through Metrojolt, and all materials created by or on behalf of us or our customers that incorporate any of the foregoing (collectively, “Materials”) on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created and for any purpose, including, but not limited to market research, sales, advertising, public relations, publicity, and promotion of us, our customers, other third parties and each of their businesses, without further consent from or royalty, payment or other compensation from you. You acknowledge and agree that you have no right to review or approve Materials before they are used by us, and that we have no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from our editing, alteration or use of the Materials. We have no obligation to use the Materials or to exercise any rights given by this Agreement.
To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Agreement and the use and exploitation of the Materials, and whether resulting in whole or in part by the negligence of us or any other person, covenant not to make or bring any such Claim against any Authorized Person and forever release and discharge the Authorized Persons from liability under such Claims.
Our Intellectual Property Rights
The names “Metrojolt.com”, “MetroJolt”, “Metropolitan Jolt”, “Metro Jolt” and “Metrojolt”, and our or our affiliates’ graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of us or our affiliates, as the case may be, which permission may be withheld in our or our affiliates’ sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on Metrojolt. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, Metrojolt (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on Metrojolt (the “Software”) is the property of Metrojolt or our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You are solely responsible for any damage resulting from your infringement of our or any third party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
We grant you a limited license to access, print, download or otherwise make personal use of the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our express prior written permission, which permission may be withheld in our sole discretion.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written permission, which permission may be withheld in our sole discretion.
Access and Interference
Metrojolt contains robot exclusion headers. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Metrojolt or any portion of Metrojolt or for any other purpose, without our express written permission which may be withheld in our sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from Metrojolt without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of Metrojolt or any activities conducted on Metrojolt; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Metrojolt. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from Metrojolt for the sole purpose and solely to the extent necessary for creating publicly available searchable indices of the materials on Metrojolt, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from Metrojolt. You shall not use any communication systems provided on Metrojolt (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of Metrojolt without our express prior written permission, which permission may be withheld in our sole discretion.
When you visit Metrojolt or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on Metrojolt. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use Metrojolt, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of Metrojolt.
Third Party Links
There may be provided on Metrojolt links to other websites or applications belonging to our advertisers, business partners, affiliates and other third parties, such as retailers (collectively, “Third Party Affiliates”). Such links do not constitute an endorsement by us of those websites and applications, nor the products or services listed on those websites and applications. We are not responsible for the activities or policies of those websites and applications. We do not endorse or recommend the products or services of any Third Party Affiliates. We do not guarantee that the terms, rates or prices offered by any Third Party Affiliates through Metrojolt are the best terms, lowest rates or lowest prices available in the market.
It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe our or others’ copyrights or other intellectual property rights.
Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:
Email address of designated agent: firstname.lastname@example.org
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
- We will remove or disable access to the material that is alleged to be infringing;
- We will forward the Notification to the alleged infringer (“Subscriber”); and
- We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which we may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
- We will promptly provide the Complaining Party with a copy of the Counter Notification;
- We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
- We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.
No Representations or Warranties Regarding the Content
The Content and all services and products associated with METROJOLT are provided to you on an “as-is” and “as available” basis. METROJOLT makes no representations or warranties of any kind, express or implied, as to the operation of METROJOLT or the information, content, materials, products or services included on or associated with METROJOLT OR THIRD-PARTY AFFILIATES OR RETAILERS. You expressly agree that your use of METROJOLT and all products and services included on or associated with METROJOLT OR OUR THIRD-PARTY AFFILIATES AND RETAILERS, is at your sole risk.
WE DO not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with METROJOLT, OR THIRD-PARTY AFFILIATES AND retailerS, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with METROJOLT OR THIRD-PARTY AFFILIATES AND retailers. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with METROJOLT and THIRD-PARTY AFFILIATES and retailers. WE make no representation, warranty or guarantee that the Content that may be available for downloading from METROJOLT, or any website or application offered by THIRD-PARTY AFFILIATES or retailers, is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Metrojolt is controlled and offered by us from our facilities in the United States of America. We make no representations that Metrojolt is appropriate or available for use in other jurisdictions. If you access or use Metrojolt from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on our Liability
WE shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of METROJOLT or any website or application offered by ANY THIRD PARTY; (iii) your DELAY IN ACCESSING OR inability to access or use METROJOLT, or any website or application offered by ANY THIRD PARTY, for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH METROJOLT OR ANY THIRD PARTY, OR OTHERWISE ARISING OUT OF THE USE OF METROJOLT or any website or application offered by ANY THIRD PARTY, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO METROJOLT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of Metrojolt
You shall defend, indemnify and hold harmless us and our officers, directors, managers, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of Metrojolt; (iv) access or use of Metrojolt under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).
Amendments to this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of Metrojolt following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Agreement, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) Metrojolt shall be deemed solely based in the State of Florida; and (ii) Metrojolt shall be deemed a passive website or service that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Florida. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By using METROJOLT you consent to these restrictions.
You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or be entitled to punitive, special, indirect or consequential damages and both you and we hereby waive your and our respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Palm Beach County, Florida.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or Metrojolt, please contact us via any of the methods set forth below:
Metrojolt PO Box 642 Boynton Beach, FL 33425