Terms and Conditions

This Metroon Website, and all other Metroon-owned or affiliated Websites and companies (“Website”), is a service made available by Metroon, LLC, (collectively referred to in this document as "Metroon"). Your use of this Website, including all features and content, information, materials and services, software provided, or products ordered on this Website, is subject to the following terms and conditions of use ("Terms"), which constitute a legal agreement between you and Metroon, made and performable in Harris County Texas. By entering, viewing, accessing, browsing, or using this Website, you acknowledge, admit, and agree that you have read, understand, and agree to be bound by these Terms. You acknowledge and intelligently agree that you waive your specific right to a defense to these Terms if you knowingly enter or access this Website, and ignore, disregard, or disrespect these Terms. Metroon may update these Terms at any time, without notice to you. Each time you enter this Website, you agree to be bound by the Terms that were currently in effect at the time of entry.

Limited License

You the user of this Website are given temporary permission to obtain a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use the content, information and services on this Website, strictly subject to and in accordance with these Terms. Metroon reserves the right to terminate this limited license for any reason and at any time. Your failure to comply with these Terms will result in automatic termination of this limited license, without prior notice, and you agree that you will immediately destroy all copies of downloaded materials, content, and information in your possession or control. Except for the limited license set forth in these Terms, Metroon does not grant you any express or implied rights, or licenses under any patents, trademarks, copyrights, or any other proprietary or intellectual property rights, or by any other means.

Limitations and Usage Restrictions

When you use this Website, you agree that you shall not:

reproduce, distribute, disseminate, duplicate, copy, download, sell, resell, by act of misappropriation, or otherwise take advantage of or exploit this Website, or any portion hereof, for commercial purposes without Metroon’s prior written consent;
use the trademarks, service marks, trade names, logos, and graphics on this Website without Metroon’s prior written consent;
use any of the content, information, materials or services on this Website intentionally or unintentionally, in violation of, or in a manner contrary to any applicable international, federal, state, or local law, rule, or regulation having the force of law, including, but not limited to, the CAN SPAM Act or HIPPA. Metroon is not a consumer reporting agency, and you shall not use any of the content, information, materials, products, or services on this Website as a factor in establishing a consumer's eligibility for credit, or insurance to be used principally for personal, family, or household purposes, for employment purposes, or for any other purpose authorized under Section 1681b of the Fair Credit Reporting Act (15 U.S.C.A. § 1681b);
hamper, impede, circumvent, obstruct, hinder, or block other users from the use and enjoyment of this Website, or any content, information, products, materials or services provided on this Website;
use this Website to transmit any false, misleading, fraudulent or illegal communications;
use this Website in any manner that might harm, infect, contaminate, gain control of, encumber, disable, overload, or impair Metroon’s computer systems, including, but not limited to, servers, internal or external networks, and the components connected to or used for this Website;
forge, alter or change headers, footers, banners, images, frames or manipulate identifiers in order to disguise, deceive, or alter the origin of any content transmitted through the services, or develop restricted, or password-only access pages, or hidden pages, or images including all linked to other Websites and pages;
deploy, upload, post, convert, convey, or by act of misappropriation, transfer, or otherwise transmit any content, information, data, code, or repositories, that you do not have a right to transmit under any law or under contractual or fiduciary relationships including inside information, proprietary and intellectual property and confidential information learned or disclosed as part of, a contractor, vendor, supplier, employment, relationship or covered under nondisclosure agreements;
upload, deploy, or otherwise transmit any material that contains software viruses, computer code, files, or programs designed to circumvent, interrupt, destroy, or limit the functionality or network bandwidth of any computer software, hardware or telecommunications equipment;
attempt to gain unauthorized access to any products, materials, content, information, services, accounts, computer systems, or networks connected to any server used for this Website, with software designed to mine, extract, circumvent, or manipulate passwords, usernames, or the use of reverse engineering, reverse analysis, hacking, software, penetration techniques or other means;
request, or seek access to any materials or information through any means not intentionally made available by Metroon;
use any framing techniques to enclose any portion of this Website, including, but not limited to, images, text, page layout, and form, without Metroon’s prior written consent;
use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users;
install, employ, deploy, the use of robots, spiders, other automated software, device, devices or manual process, or processes to monitor or copy our Website, the content, information, products, materials or services on this Website, without Metroon’s prior written consent;
collect email addresses made available on or through this Website for purposes of sales, promotions or marketing;
distribute, on or through this Website, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization without Metroon’s prior written permission; and
use this Website to export, re-export, or disseminate, any portion of this Website and Metroon-owned or affiliated Websites or companies thereof, in violation of the export control laws and regulations of the United States of America.

You agree that unauthorized use is cause for immediate termination, without notice, at Metroon’s sole discretion, of the limited license granted hereby.

Electronic Communication

When you visit this Website and when you communicate with Metroon electronically, you consent to receive communications from Metroon electronically. Metroon will communicate with you by phone, email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that Metroon provides to you electronically shall satisfy any legal requirement that such communications be in writing.

Copyrights, Trademarks and Patents

The Metroon technology, logos, Website, frames, repositories, data, databases, information and content, concepts, designs, code, engineering, and processes (collectively referred to in this agreement as “Metroon Technology”) provided on this Website are owned by or licensed to Metroon and protected by United States and international intellectual property laws. Metroon and its licensors retain all intellectual proprietary rights to Metroon Technology. No license is implied nor shall it be construed as conferring any license by estoppels or by any other means under intellectual property rights. You agree that copyrights, trademarks, patents, service marks, or other proprietary rights and laws protect Metroon, the Website, and Metroon Technology.

Notification of Copyright Infringement

Metroon has availed itself of the protections under the Digital Millennium Copyright Act. Metroon reserves the right to remove any content or information that allegedly infringes another person’s copyright. When appropriate, Metroon will terminate the users, subscribers and account holders of Metroon’s network and systems who are allegedly repeat infringers of another person’s copyright.

Download and Copying

Metroon content, products, materials, information, and Metroon Technology shall not be downloaded, transferred, released, circumvented, reverse engineered, reverse analyzed, decompiled, or disassembled, incorporated, or by act of misappropriation, copied to a permanent file, repository, or database. You accept responsibility and agree to take all necessary and reasonable steps, using at the minimum best industry practices to prevent unauthorized use, disclosure, access, and transfer to third parties for any reason, including but not limited to, third parties, for commercial gain, profit, a gift, marketing, sales, to assist in design, concepts, structuring and building of databases or repositories, or the collection of information and intelligence that might provide a competitor an advantage.

Audits and Compliance

You agree and acknowledge that Metroon has reserved all rights to audit you for compliance with these Terms. Metroon shall provide reasonable notice to conduct an audit. Metroon at its sole discretion, or if deemed appropriate, may choose to hire, appoint an agent or investigator to conduct an audit, and you agree to give Metroon or its appointed agent or investigator and their employees, unfettered, unrestricted access to all locations, computers, servers, storage devices, and repositories, data, content, and information, that are owned, operated, or under your control. If the agent or investigator determines that there is a material breach, then Metroon shall immediately terminate its agreement with you and pursue all legal remedies. If you do not cooperate with Metroon’s reasonable request to conduct this audit after reasonable notice has been delivered, then you intelligently agree, and have conclusively admitted to a material breach of these Terms, which will result in immediate termination of this agreement, and Metroon shall pursue all legal remedies.

Corrections and Errors

Metroon makes no representation that this Website, content, or information will be error free, free of viruses and other harmful code or components, that it will always be accessible and that defects will be corrected. Metroon reserves the right to make changes to functionality, content, and information, to improve or enhance our products, materials, services, research suites, and to improve the accuracy of its data, information, and content at any time.

Limitation of Liability

METROON PROVIDES THIS WEBSITE "AS IS” AND "AS AVAILABLE". METROON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR THE CONTENT, INFORMATION, OR SERVICES INCLUDED ON THIS WEBSITE. YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, METROON PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES FOR THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. METROON SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, SAVINGS, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH A CLAIM FOR SUCH DAMAGES WHETHER IN CONTRACT OR TORT INCLUDING NEGLIGENCE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, FOUND UNENFORCEABLE, OR FAILS IN ITS FUNDAMENTAL AND ESSENTIAL PURPOSE, METROON’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED $150.00.

DISCLAIMER

THE METROON WEBSITE, THE CONTENT, THE INFORMATION, THE SERVICES, THE MATERIALS, AND THE PRODUCTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. METROON EXPRESSLEY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. METROON DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, TOUCHING UPON OR IN ANY WAY RELATED TO, ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO CONTENT, INFORMATION, MATERIALS, NEGLIGENCE, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. METROON DISCLAIMES ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, TOUCHING UPON OR IN ANY WAY RELATED TO, THIRD-PARTY COMMUNICATIONS, ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, THE UNAVAILABILITY OF THIS WEBSITE, THE CONTENT, THE INFORMATION, OR ANY PORTION THEREOF, YOUR USE OF THIS WEBSITE, ALL INTERACTIVE AREAS AND ITS CONTENT, YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, ANY INTERACTIVE AREAS, THE CONTENT OR INFORMATION.

Privacy

Please review our privacy policy for a description of our privacy practices and an explanation of how we may use any personal information we collect on this Website.

Account Registration

Specific areas or sections of this Website require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform Metroon of any changes to that information. Each registration is for a single user only. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In case of misuse, Metroon may terminate further access or take such other action as Metroon, in Metroon’s sole discretion, deems appropriate. If you believe there has been unauthorized use, you must notify Metroon immediately.

Termination

You acknowledge and agree that Metroon, in its sole discretion, may terminate your Website access if your behavior or conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, including, without limitation, for nonpayment of any real or imputed fee for use of the site. Metroon shall not be liable to you or any third party for termination of Website access. Should you object to any of these Terms or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Website.

Unlawful Activity

Metroon reserves the right to investigate complaints or reported violations of its Terms, and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and you agree that Metroon may disclose or release any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.

Indemnification

You agree to indemnify, defend, and hold Metroon and its officers, directors, investors, employees, affiliates, agents, licensors, suppliers, third-party suppliers, and suppliers of data or information and content, to this Website harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, for all actions and claims resulting from any violation of these Terms including but not limited to negligence.

Bonds and Injunctive Relief

You acknowledge that any breach of these Terms would cause irreparable harm to Metroon, which would be difficult if not impossible to quantify in monetary damages. You consent to the grant of immediate injunctive relief to Metroon upon material breach of these Terms, in addition to all other remedies available in equity and at law. You waive any requirement that Metroon post a bond in connection with any application for, or order granting, injunctive relief. Metroon shall be entitled to recover its costs of suit and reasonable expenses in any suit to enforce these Terms if it is the prevailing party.

Non-Waiver

A waiver by Metroon of any breach or failure to enforce any of these Terms shall not in any way affect, limit or waive Metroon’s right at any time to enforce strict compliance with that limited license or any other Terms or conditions.

Severability of Provisions

If any provision of these Terms is found to be unlawful, void, or unenforceable, or fails, then that provision shall be reduced and rewritten to become enforceable and lawful without the loss of the original provision’s context or meaning. The rewritten provision shall effectively convey the original provision’s meaning and intent.

Venue

These Terms are governed by and construed in accordance with the laws of the State of Texas and the laws of the United States. These Terms shall be deemed to be executed in and performed wholly within the State of Texas. You consent to the exclusive jurisdiction of state and federal courts in Houston, Texas.

No Legal Advice

The information and services on this Website are not intended to and shall not constitute legal advice. No attorney-client relationship is formed. You use the content, information, and services on this Website at your own risk. Information submitted to this Website is not treated as confidential nor is the exactness, completeness, sufficiency, or adequacy of the information, data, content, or materials warranted or guaranteed.

Ethics Notice for Attorneys

Any attorney participating in any portion of this Website agrees, and you acknowledge, that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of users and clients, unauthorized practice of law, and misrepresentations of fact. Metroon disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that you will not offer legal advice, but will only provide general information.

Captions and Headings

The Article headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

Contact Information

If you have any questions about these Terms, or about the content, information, or services on this Website, you may contact Metroon using any of the methods described on its contact us page.

Version: 04/16/2009. Effective Date: 04/16/2009