Terms of service

THIS MATTERMETER WEBSITE (OR ANY MOBILE VERSION THEREOF) (THE "SITE") IS PROVIDED BY CONVERSITION STRATEGIES INC. ("CONVERSITION"). THE USE OF THE SITE IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT HEREIN (THE" SITE TERMS"). BY ACCESSING THE SITE YOU EXPLICITLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE WITH THE SITE TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS SITE. CONVERSITION MAY AT ANY TIME, AT ITS SOLE DISCRETION, REVISE THE SITE TERMS BY POSTING THE AMENDED SITE TERMS ON THE SITE, WHICH POSTING SHALL CONSTITUTE NOTICE TO YOU. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT SITE TERMS TO WHICH YOU ARE BOUND.

Eligibility

The Site is intended for persons 13 years of age or older. You may only access and use the Site if you are 13 years of age or older. By accessing and/or using the Site you represent and warrant that you are 13 years of age or older

Privacy Policy

Please refer to Conversition's Privacy Policy for information on how Conversition may collect, use and/or discloses personally identifiable information from its users.

Ownership and Copyright

You should assume that everything you see or read on the Site is the proprietary property of Conversition unless otherwise noted. While in no way limiting the generality of the foregoing all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of Conversition or its subsidiaries or its affiliates and are protected by copyright laws.

Trademarks

All products or service names or slogans displayed on the Site are registered and/or common law trademarks of Conversition and/or its subsidiaries, affiliates, suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Conversition or the applicable trademark holder. The look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Conversition and may not be copied, imitated or used, in whole or in part, without the prior written permission of Conversition. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

Limited License

Conversition grants you a limited, nonsublicensable license to access and use the Site. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only use the Site for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) you may not use any data mining, robots or similar data gathering or extraction methods; (iv) you may not use the Site or the Site Content other than for its intended purpose; and (v) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Conversition is strictly prohibited and will terminate the license granted herein.

Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Conversition against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.

Hyperlinks

You are granted a limited, non-exclusive revocable right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Conversition, its subsidiaries and/or affiliates its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable to Conversition in its sole opinion. This limited right may be revoked at any time. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Conversition or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Conversition or any third party without the prior written permission of Conversition or such other party that may own such patent, trademark, copyright or other proprietary right(s).

The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a convenience for users. Conversition may not have reviewed all Third-Party Sites or Third-Party Content and you acknowledge that Conversition is not responsible for the content of any off-site pages or any other sites linked to the Site, and that your linking to any other off-site pages or other sites accessible from the Site is at your own risk.

User Content on Site

The Site may allow users to post certain user content ("Content").

You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following Content:

  • 1. Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • 2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local laws;
  • 3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • 4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • 5. advertising or solicitations;
  • 6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;
  • 7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  • 8. Content that is unrelated to the topic in which such Content is posted; or
  • 9. Content that, in the sole judgment of Conversition, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Conversition or its affiliates or its users to any harm or liability of any type.

Conversition takes no responsibility and assumes no liability for any Content posted on the Site and is not liable for any statements, representations or Content provided by a user. Conversation has no obligation to screen, edit or monitor any of the Content posted however, Conversition shall at its sole discretion remove or edit without notice any Content posted or stored on the Site at any time and for any reason.

Rights to User Content

By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant Conversition and its subsidiaries and/or affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use the Content for any purpose.

You agree that any Content you submit is non-confidential and Conversition is under no obligation to treat such Content as proprietary information.

WARRANTY DISCLAIMER

THE USE OF AND BROWSING IN THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO, AND/OR AUDIO UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. CONVERSITION DOES NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH UPLOADING AND/OR DOWNLOADING.

WHILE CONVERSITION USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE, CONVERSITION MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. THE INFORMATION ON THE SITE IS FOR INFORMATION PURPOSES ONLY, AND SHOULD NOT BE RELIED UPON AS ACCURATE, TIMELY OR FIT FOR ANY PARTICULAR PURPOSE.

CONVERSITION MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS AND OTHER COUNTRIES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.

LIMITATION OF LIABILITY

NEITHER CONVERSITION NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONVERSITION HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION TO THE FOREGOING, CONVERSITION'S LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THE SITE, THE RELATIONSHIP OF THE PARTIES, OR THE PROVISION OR NON-PROVISION OF GOODS OR SERVICES, (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL IN NO EVENT EXCEED THE LESSER OF $100(CDN) OR ANY COMPENSATION YOU PAY, IF ANY, TO CONVERSITION FOR ACCESS TO OR USE OF THE SITE. YOU ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, ACCESS TO THE SITE BY YOU WOULD BE DENIED.

CONVERSITION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE CONTENT.

ALTHOUGH CONVERSITION MAY FROM TIME TO TIME MONITOR OR REVIEW THE CONTENT, CONVERSITION IS UNDER NO OBLIGATION TO DO SO AND ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT NOR FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED IN ANY CONTENT OR SITE CONTENT.

Indemnification

You agree to indemnify, defend and hold Conversition and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any Indemnified Parties in connection with any breach by you of the Site Terms. Conversition reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Conversition's defense of such claim.

Applicable Law and Venue

The Site may be accessible throughout the United States of America and Canada; regardless of where you access the Site you explicitly agree that the laws of the Province of Ontario, Canada, govern the use of the Site. All disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

Termination

Notwithstanding any provision of these Site Terms, Conversition reserves the right, in its sole discretion, at anytime with or without cause or notice or liability to you, to terminate your license to use the Site, or any portion thereof and to block or prevent your future access to and use of all or any portion of the Site, Site Content or any services.

Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Reporting breaches of Site Terms

If you believe that any of the Site Terms have been breached by any other user please advise us at abuse@mattermeter.com