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Terms of Use

METEOR SOLUTIONS, INC.
USER AGREEMENT

This User Agreement (the “Agreement”) governs your use of and subscription to Meteor Tracker, our online word-of-mouth measuring tool and related services (collectively the “Service”).  We provide the Service from our Web site with the primary domain name http://www.meteorsolutions.com (the “Site”).  THIS AGREEMENT GOVERNS ALL OF YOUR USE OF THE SERVICE (INCLUDING FREE TRIAL ACCESS, IF ANY).   

1. Acceptance of Agreement; Contracting Parties.  This Agreement is between Meteor Solutions, Inc. (“we,” “us,” or “Meteor Solutions”) and the company, if any, that you identify when you register for the Service. YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF THE COMPANY (OR LEGAL ENTITY) THAT YOU IDENTIFY IN THE REGISTRATION FORM ON OUR SITE.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY TO THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU OR YOUR COMPANY DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT, THEN NEITHER YOU NOR YOUR COMPANY HAS THE RIGHT TO USE THE SERVICE, AND YOU SHOULD NOT ACCEPT THIS AGREEMENT. THE TERMS “YOU” AND “YOUR,” WHEN USED BELOW, REFER TO THE COMPANY OR ENTITY INDICATED IN YOUR REGISTRATION.  BY AGREEING TO PARTICIPATE IN THIS PROMOTION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

2.  Modifications to Agreement.  We may modify the terms and conditions of this Agreement at any time upon thirty (30) days’ notice to you.  We will provide this notice via email to the email address you give us when you register for the Service.   If you do not agree to the updated Agreement, you may terminate the Agreement by email notice in the manner described in Section 4.2 below.  Your continued use of the Service after notice will constitute your acceptance of the modified Agreement. 

3.  Subscriptions.  During the term and subject to the provisions of this Agreement, we will make the Service available to you on a subscription basis (your “Subscription”) for the period (i.e., monthly or annual) that you have agreed to (your “Subscription Term”).  When you sign up for the Service, you may designate one or more Web site subdomains (each a “Subdomain”) for requested coverage by the Service.  Each Subdomain is subject to our approval.

4. Term and Termination. 

4.1 Term.  This Agreement begins on the date you accept the Agreement (the “Effective Date”) and remains in effect indefinitely unless and until terminated in accordance with this Section 4. 

4.2  Termination by You.  This Agreement will terminate, effective at the end of your then-current Subscription Term, if your Subscription terminates pursuant to your agreement with Meteor or an authorized reseller.

4.3  Termination by Us.  We may terminate your Subscription at any time, for any reason.  Such termination will be effective at the end of the then-current Subscription Term (or, if our notice is given less than 5 days before the end of the current Subscription Term, at the end of the following Subscription Term).  In addition, we may terminate your Subscription and this Agreement immediately, and discontinue your access to the Service, at any time if we cease providing the Service to all of our customers or if, in our reasonable judgment, you (a) are in breach of any material provision of this Agreement, (b) misappropriate or infringe any of our intellectual property or proprietary rights, or (c) fail to make a payment for your Subscription when due.  

4.4  Effect of Termination.  Upon expiration or termination of this Agreement for any reason: (a) all rights and obligations of the parties will cease, except that the following sections of the Agreement will survive any such termination or expiration: 1, 4.4, 5.2, 6 (for a period of one year after termination only), and 7 through 15; (b) notwithstanding any provision of a surviving section, you will have no further right to use the Service; and (c) you will not be entitled to any refund of fees paid for your Subscription, if any.

5.  Permitted Use of Service; Restrictions. 

5.1  Usernames/Passwords.  When you register for the Service, we will allow you to create individual username/password pairs.  You agree to permit each username/password to be used by only one unique user, who must be either your employee or authorized individual consultant.

5.2  Permitted Use.  You are responsible for all use of the Service under your authorized user accounts, and you agree to notify us of any unauthorized access to the Service of which you becomes aware.  You may use the Service only for your internal marketing and marketing analysis purposes.  You agree not to do any of the following: (a) “frame,” distribute, resell, or permit access to the Service by any third party; (b) use the Service (and any data, analysis or results obtained from the Service) other than in accordance with any instructions or documentation we provide and in compliance with all applicable federal, state, and local laws; (c) knowingly interfere with the Service or disrupt the integrity of the data provided via the Service, or disrupt any other user’s access to the Service; or (d) attempt to gain unauthorized access to the Service.  You agree to indemnify and hold us harmless from and against any claims, demands, costs, liabilities and damages that arise out of your breach of this Section 5. 

6.  Audit.  For customers paying for the full version of the Meteor Tracker, you agree that we may, either ourselves or through an independent third party auditor, enter onto your premises, during your normal business hours and in a manner so as to minimize disruption to your business, to inspect and audit your Web servers, server logs, and other relevant computer systems and records to verify that your use of the Service is in compliance with this Agreement.  We will not exercise this right more than once per year.

7.  Ownership; Feedback. We (and our licensors) retain all right, title and interest in and to the Service and the technology and software used to provide the Service (including all intellectual property and proprietary rights in the Service and such technology and software).  You agree that any feedback, suggestions for enhancement or ideas that you provide to us concerning the Service (“Feedback”) will be owned by us without any obligation of compensation to you.  Except for the rights to access the Service specifically granted in this Agreement, nothing in this Agreement licenses or transfers to anyone (including you) any of our intellectual property or other proprietary rights.

8.  Data Protection and Privacy.  You understand and acknowledge that the Service may result in the placement of tracking cookies on end users’ personal computers, PDAs, or other digital communications devices in order to track “word of mouth” sharing of links that point to your Subdomains.  You acknowledge that you are solely responsible for familiarizing yourself with the Service and ensuring that your use of the Service does not violate (a) your own privacy statement or policy, (b) any contract between you and your end users, or (c) any applicable law or regulation, including those relating to privacy and data protection.  

9.  Confidentiality.  You agree not to disclose, duplicate, publish, release, transfer or otherwise make available our Confidential Information in any form to, or for the use or benefit of, any person or entity without our prior written consent.  “Confidential Information” means any of our financial, technical, or business information that we designate as confidential at the time we disclose it to you, or that you reasonably should understand to be confidential based on the nature of the information or the circumstances surrounding its disclosure.  You agree that the existence and features of the Service and the data and reports provided through the Service are our Confidential Information. Confidential Information does not include any information that: (i) is or becomes generally known to the public without breach of your confidentiality obligation under this Agreement; (ii) was independently developed by you without breach of your confidentiality obligation under this Agreement; or (iii) is received from a third party who obtained such Confidential Information without breach of any obligation owed to us. 

10.  Usage Data. You acknowledge that we may collect data regarding your use of the Service and your customers’ use of your Web site(s), including: (i) daily site visits, (ii) daily unique visitors to site, (iii) daily impressions served, (iv) daily customer actions taken (e.g. orders, sign-ups, or other customer actions that you set as goals of your marketing programs, (v) daily transaction value (e.g., sales or leads generated), and (vi) traffic referral sources and counts (collectively, “Usage Data”).  Except with your separate written consent (which may be given via email), we will not publicly release any Usage Data except in aggregate form that does not attribute the data to you or your Web sites.  You agree that we may retain and use Usage Data, before and after the term of this Agreement, including for internal analysis and to modify and improve the Service. 

11.  Representations and Warranties.

11.1  General.  Each party represents and warrants that it has the necessary authority to enter into this Agreement.  In addition, you represent and warrant that all Subdomains for which you request coverage by the Service are owned and operated by you or on your behalf.

11.2  Disclaimer of Warranties for Service.  You acknowledge that, as internet-delivered services, the Service may experience periods of downtime, including but not limited to scheduled maintenance.  ACCORDINGLY, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICE OR ANY DATA OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, WHETHER EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.  WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.

12.  Limited Liability; Exclusion of Certain Damages.  IN NO EVENT WILL WE BE LIABLE UNDER THIS AGREEMENT, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, FOR (I) ANY AMOUNT IN EXCESS OF THE FEES ACTUALLY PAID TO US FOR THE THEN-CURRENT CONTRACT MONTH, OR (II) ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN GIVEN ADVANCE NOTICE OF SUCH POSSIBLE DAMAGES.

13.  Indemnification.  You agree that you will defend, indemnify and hold us and our corporate affiliates, directors, officers, employees, successors, assigns and agents (“Indemnified Parties”) harmless from and against any loss, damage, settlement, penalty, cost, expense or any other liability (including but not limited to reasonable attorney fees and expenses) arising out of any allegation or claim that, if true, would establish a breach of this Agreement by you (except to the extent such breach is caused by our negligence or intentional misconduct), or any claim of intellectual property infringement (except to the extent such alleged infringement is attributable to your use of the Service in compliance with this Agreement).  

14.  Notices.  Except in cases where this Agreement permits notice via email, all notices required under this Agreement must be in writing, must be sent via internationally recognized delivery service or messenger or via U.S. mail, and will be deemed given five (5) business days after having been sent.  Notices must be addressed as follows: if to us, to Attn: Legal, 1st Avenue South, Fourth Floor, Seattle, WA 98104 and, for notices permitted to be sent via email, to support@meteorsolutions.com; and, if to you, to the contact name and address or email address that you provide in the registration form for the Services.

15.  General. Neither you nor we will be liable for delay or default under this Agreement if caused by conditions beyond our or your reasonable control (e.g., technology malfunctions or acts of God).  This Agreement is governed by the internal laws of the State of Washington, without regard to its conflicts of law rules, and you hereby consent to exclusive jurisdiction and venue in the state and federal courts located in Seattle, Washington for any dispute arising out of this Agreement.  Neither party may assign this Agreement to a third party without the written consent of the other party in advance, except that we may assign this Agreement without such consent to a third party acquiring all or substantially all of our assets or equity securities. This Agreement will bind and benefit the parties, their successors, and their permitted assigns.  You and we are independent contractors to each other in our activities under this Agreement.  This Agreement, including any documents referenced in this Agreement, and represents the entire agreement between you and us with respect to your use of the Service.  This Agreement supersedes any contemporaneous or prior agreements regarding the Service.