Meeteor

MEETEOR, INC.

These Terms of Service were last updated on November 3rd, 2011.

PLEASE READ THE FOLLOWING TERMS OF SERVICE (THE “TERMS”) CAREFULLY. BY CLICKING THE “I ACCEPT BOX”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE TERMS OF THE MEETEOR [PRIVACY POLICY] (THE “PRIVACY POLICY”) WHEN ACCESSING THE WEB SITE LOCATED AT [WWW.MEETEOR.COM] (THE “SITE”) AND/OR USING THE SERVICE OFFERED BY MEETEOR, INC. (“MEETEOR”) THROUGH THE SITE (THE “SERVICE”).

IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, IN EACH CASE AS AMENDED FROM TIME TO TIME, MEETEOR IS UNWILLING TO ALLOW YOU TO, AND YOU MAY NOT AND MUST NOT ACCESS OR USE, THE SITE OR SERVICE.

Changes to Service and Terms. Meeteor may at any time, and in its sole discretion, add, modify, discontinue, remove, or suspend any part of the Site or Service, either temporarily or permanently, without notice and without liability to you. You hereby agree that such activities may occur at Meeteor’s sole discretion, and Meeteor may require you to agree to such changes before permitting you to continue to use the Site and Service. In addition, Meeteor may add to, change, or remove any part, term or condition of these Terms and/or the Privacy Policy at any time without prior notice to you. It is your responsibility to check these Terms and the Privacy Policy periodically for changes. By continuing to use the Service, you are indicating your acceptance of such changes. However, we will notify you of any significant changes to these Terms or the Privacy Policy (including notices posted on the Site or sent to your registered e-mail address).

Service. The Service is an online professional networking service that seeks to connect individual Service users based on mutual professional interests and/or alumni connections. Based on the information that you provide to Meeteor, we will connect you, or suggest that you connect with, other Service users that we believe will further your professional networking objectives and provide you with the ability to communicate with such other Service users through the Site.

Your Privacy. In order to register and use the Service, you will be required to create an Account (as defined below) and user profile and to provide certain personally identifiable information to Meeteor. In order to optimize the results of your use of the Service, you may also choose to provide additional personal information when completing your user profile such as your educational and employment history, although you are not required to do so. Please refer to our Privacy Policy Privacy Policy for more information regarding Meeteor’s collection, use and storage of your personally identifiable information and other personal information that you provide to Meeteor. Meeteor will only use your personally identifiable information and other personal information in accordance with the terms of our Privacy Policy. You agree that Meeteor may store and use any personally identifiable and other personal information that you provide to Meeteor for use in providing the Service to you and as otherwise permitted under applicable law.

Eligibility. The Site and Service are only intended for persons who are aged 16 or older, and, as further described in our Privacy Policy, Meeteor does not knowingly collect personally identifiable information from persons under 16 years of age. If you are under the age of 16, your parent or legal guardian cannot consent to your use of the Site or Service.

Site Log-In and Meeteor Account. Currently, you must log-in to our Site by using Facebook Connect. Facebook controls the information collected from you during the log-in process; Meeteor does not control, and is not responsible for, the information that Facebook collects from you, and you agree that your use of the Facebook website is governed by Facebook’s terms of use and privacy policy, including, without limitation, its password and account security policies.

Once you log-in to the Site, in order to use the Service, you will need to register with us to open a Meeteor account (an “Account”). Meeteor uses the information from Facebook to pre-populate your Account. Once you are logged in through Facebook Connect, you also will have the option of including information in your Account from LinkedIn and Twitter. Meeteor stores the information that we receive from you through these social networking sites along with other information that we collect or receive from you. Your privacy settings in your Facebook, LinkedIn and Twitter accounts, as applicable, permit us to access information from those social networking sites and to conduct activities on this Site that are shared with your contacts in your Facebook, LinkedIn and Twitter accounts, as applicable. For information about how Facebook, Twitter, and Linkedin may disclose your information, including any information that you make public, please consult the applicable site’s privacy policy. We do not have any control over how any of these social networking sites uses or discloses the personal information that you provide to them.

Notwithstanding the foregoing, you represent and warrant that: (a) all information that you submit in connection with the opening and use of your Account is true, accurate, current, and complete; (b) you will promptly notify us if your information changes so that we can update our records; (c) you are aged 16 or older; and (d) your use of the Site and the Service does not violate any applicable law, rule or regulation. Please note that you are entirely responsible for maintaining the security and confidentiality of your user name, password and other Account information and for any and all activity that occurs through your Account. You hereby agree to notify Meeteor immediately if you become aware of any unauthorized use of your Account, user name or password, or any other breach of security in connection therewith. You may be held liable for losses incurred by Meeteor or any third party due to someone else using your Account, user name or password, as a result of your failing to keep your Account information secure and confidential. You are strictly prohibited from using anyone else's Meeteor account, user name or password at any time and for any reason. Meeteor is not liable to you or any third party for your failure to comply with your obligations under this paragraph. At this time we do not charge a fee to open an Account or use the Service, however we reserve the right to charge a fee for either or both such activities in the future in our sole discretion.

Permission to Use the Service. The Site and Service are made available to you for your personal use only. No part of the Site, or its content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, modified, exchanged, sold, transmitted, or distributed in any way by you, or any third party on your behalf, for any business or commercial purpose. You may not remove any copyright or trademark notices or other proprietary notice language found on the Site or contained in the Site’s content. As between you and Meeteor, all materials on the Site, including, but not limited to, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of the Site and its content, and the domain names, trademarks, service marks, proprietary logos, and other distinctive brand features found on the Site, are all owned by Meeteor, its parents, affiliates, subsidiaries, licensors, or third party service providers, except for any content provided by you. You may not use the Site or its content except as expressly set forth in these Terms. Any unauthorized use of the Site or its content may violate copyright, trademark, trade secret, trade dress, or patent laws, or various other intellectual property rights and unfair competition laws, the laws of privacy and publicity, and civil and criminal statutes. By making them available through the Service or on the Site, Meeteor is not granting you any license to utilize the domain names, trademarks, service marks, proprietary logos, and other distinctive brand features found on the Site.

Restrictions on Use of the Site and Service. You hereby represent and warrant that you will not: (a) attempt to gain unauthorized access to any portion or feature of the Site or Service, or any other systems or networks connected to the Site or Service, or to any Meeteor (or third party) server, by hacking, password "mining", or any other illegal means; (b) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Service; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Site or Service, or any transaction being conducted on the Site or through the Service, or with any other person's use of the Site or Service; (d) breach any security measures implemented on the Site or in the Service; (e) track or seek to trace any information on any other person who visits the Site or uses the Service, or disclose any information relating to such users; (f) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to Meeteor in connection with the Service; (g) pretend that you are, or that you represent, someone else, or impersonate any other person; or (h) use the Site or Service for any illegal purpose, for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations. You hereby agree that you will promptly notify Meeteor if you become aware that the Site or Service are being used for any illegal or unauthorized purpose.

Content Provided by You. You will be permitted to upload certain content in order to complete your profile. In addition, the Site may have an area which allows you to "chat", post messages and/or to upload and download materials, communications and other content for other Service users to see. As between Meeteor and you, you retain ownership of such content, however, you hereby grant Meeteor a non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, worldwide, sublicensable, transferable license to use, modify, copy, distribute and display such content to the extent necessary to provide the Site and Service, including, without limitation, storing and retrieving the content, making the content publicly available through the Service, adapting the content for technical display and transmission, conforming the content to the limitation and terms of the Service, and any other use related to the maintenance, provision and improvement of the Site and Service. You here represent and warrant that as a condition for Meeteor permitting you to use the Site and Service, you will not conduct any activity, or send or transmit to Meeteor or post any materials, communications or other content, that: (a) interfere with anyone else's use of the Site or Service; (b) are defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing, or threatening in any way; (c) constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise intentionally or unintentionally violate any law, rule or regulation; (d) violate any third party’s copyright, trademark, patent, trade secret, or other personal or proprietary right; (e) invade or interfere with the privacy or publicity rights of any person; (f) contain a virus or any other harmful component; or (g) contain false, dishonest, or misleading statements of fact, or descriptions of the origin of the material or the communication.

You agree to comply with any additional rules and terms which are referred to on the Site or any other website accessed from the Site, applicable to forums, bulletin boards, chat rooms, discussions, postings, transmissions, and the like. Meeteor may from time to time, and in its sole discretion, monitor or review user content, bulletin boards, chat rooms, discussions, reviews, or postings displayed on the Site, however, Meeteor has no obligation to do so and Meeteor assumes no liability or responsibility arising from the activities, materials or communications associated with such forums, bulletin boards, chat rooms, discussions, postings, or reviews on the Site, or for any defamation, error, inaccuracy, libel, obscenity, or profanity in connection therewith. Meeteor may, at any time without notice and in its sole discretion, stop, modify, edit, or remove any user activity, material, reviews, content, or communications for any or no reason, including but not limited to those that are defamatory, abusive, illegal, indecent, obscene, hateful, offensive, harassing, or threatening in any way, or that violate these Terms or Meeteor's policies in any way.

You agree that you are solely and entirely responsible and liable for all activities conducted, and materials and communications posted, sent, transmitted, uploaded, and otherwise published by, or on behalf of, you through the Site and Service. You understand that by using the Site and Service you may be exposed to activities, materials and communications that you may find defamatory, abusive, illegal, indecent, obscene, hateful, offensive, harassing or threatening, and that, in all respects, your use of the Site and Service is at your own risk and discretion. You understand that any content that you provide to Meeteor will be made publicly available and may be viewed by other Service users and third parties. You should exercise appropriate caution and use your own independent common sense judgment before publicly disclosing any personal information through the Service. Meeteor has no responsibility or liability to you, or to any third party, in connection with your public disclosure of your personal information through the Service.

Feedback. If you send or transmit any communications or materials to Meeteor by mail, electronic mail, telephone, or otherwise (“Feedback”), suggesting or recommending changes to our Site or Service, including without limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such Feedback is, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that the use of such Feedback by Meeteor or its agents, violates any of your rights including, without limitation, your moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including, without limitation, the right to approve the way Meeteor uses such Feedback. Any Feedback may be adapted, changed, copied, disclosed, licensed, posted, published, sold, transmitted, or used by Meeteor or its agents, anywhere in the world, in any medium, forever and without any attribution or compensation to you. Furthermore, you hereby assign all right, title, and interest in, and Meeteor is free to use, without any attribution or compensation to you, any ideas, know-how, concepts and techniques, contained in the Feedback, and all intellectual property rights embodied therein or applicable thereto, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. However, you agree and understand that Meeteor is not obligated to display, reproduce, distribute, or otherwise use any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such display, reproduction, distribution, or other use. You represent and warrant that: (a) you own the Feedback, or otherwise have the right to grant the rights set forth in this paragraph; and (b) the Feedback that you provide does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity.

Promotions. The Service may from time to time conduct promotions, including, but not limited to, sweepstakes and contests (collectively, “Promotions”). If we conduct a Promotion, the terms, conditions and rules for that Promotion (“Promotion Rules”) may be posted or otherwise made available to you and, for purposes of each Promotion in which you participate, will be deemed incorporated by reference into these Terms (and therefore a part of your agreement with Meeteor). To the extent there is a conflict between these Terms and the Promotion Rules for a specific Promotion, the Promotion Rules will control but only with respect to, and to the extent of, the specific conflicting term and that specific Promotion.

Links to Third Party Web Sites. The Site and Service may provide links to other web sites that are not owned or operated by Meeteor (“Third Party Web Sites”), including, without limitation, Facebook, Twitter and LinkedIn. In some cases, links to these Third Party Websites allow you to conduct transactions through such Third Party Web Sites, including, without limitation, logging into this Site and configuring your privacy settings in the Third Party Web Site account to permit your activities on this Site to be shared with your contacts in your Third Party Web Site account. Meeteor provides these links to you as a convenience only, and Meeteor does not verify, make any representations concerning, or take responsibility for, such Third Party Web Sites, or the products or services offered through such third party web sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third Party Web Sites. You should use your own independent common sense judgment before accessing and using such Third Party Web Sites, or products or services offered through such third party web sites. These Terms and the Privacy Policy do not apply to such Third Party Web Sites, and you should review such Third Party Web Sites’ privacy policies, terms and conditions and business practices as they may be different to those of Meeteor and it is your sole responsibility to comply with such terms. Your dealings and communications with any third party in connection with the Third Party Web Sites are solely between you and such third party. Any reference on the Site, or through the Service, to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise, does not constitute or imply Meeteor’s endorsement or recommendation thereof, and your use of any Third Party Web Sites and third party product, process, publication, or service is entirely at your own risk.

Digital Millennium Copyright Act. Meeteor respects the intellectual property and other proprietary rights of others and has a policy of removing content that infringes third party copyrights and suspending and/or terminating the Account of any user who uses the Site or Service in violation of copyright law, and where appropriate, blocking such user’s access to the Site and Service. If you are a copyright owner, or an agent thereof, and believe that your work is the subject of copyright infringement and appears on our Site, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent (designated below) with the following information in writing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) 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 Meeteor to locate such material; (d) information reasonably sufficient to permit Meeteor to contact you, such as an address, telephone number, and, if available, an e-mail address; (e) a statement that you have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or that you are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed. Meeteor’s designated copyright agent to receive notifications of claimed infringement under the DMCA is:

Philip J. De Cortes

4529 Woodland Park Avenue

Seattle, WA

98103

Tel: (860) 805-4176

Fax: (650) 284 7151

E-mail: [dmca@meeteor.com].

Only DMCA or other intellectual property rights-related notices should be sent to the copyright agent; any other communications sent to the copyright agent will be destroyed. Any feedback, comments, questions, or other communications should be directed to Meeteor at the address specified at the end of these Terms.

EXCLUSION OF WARRANTY AND CONDITION.

THE SERVICE FACILITATES COMMUNICATIONS BETWEEN YOU AND OTHER SERVICE USERS. HOWEVER, MEETEOR DOES NOT VERIFY, MAKE ANY REPRESENTATIONS CONCERNING, OR TAKE ANY RESPONSIBILITY FOR, THE ACTS OR OMISSIONS OF ANY SERVICE USER WITH WHOM YOU INTERACT THROUGH THE SITE AND THE SERVICE. WE DO NOT CONDUCT ANY BACKGROUND OR SECURITY CHECKS ON, VERIFY THE IDENTITY OF, OR OTHERWISE SCREEN, ANY SERVICE USER OR ATTEMPT TO VERIFY THE ACCURACY OF THEIR STATEMENTS OR OTHER CONTENT PROVIDED BY THEM. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR DEALINGS, COMMUNICATIONS, CONDUCT, AND OTHER INTERACTIONS WITH ANY SERVICE USER. YOU AGREE TO EXERCISE APPROPRIATE CAUTION AND USE YOUR OWN INDEPENDENT COMMON SENSE JUDGMENT BEFORE EXCHANGING ANY PERSONAL INFORMATION WITH, OR MEETING WITH, ANY SERVICE USER, AND OTHERWISE INTERACTING WITH ANY SERVICE USER. MEETEOR HAS NO RESPONSIBILITY OR LIABILITY TO YOU, OR TO ANY THIRD PARTY, IN CONNECTION WITH YOUR INTERACTIONS WITH ANY SERVICE USER. MEETEOR DOES NOT GUARANTEE, WHETHER EXPRESSLY OR BY IMPLICATION, ANY PARTICULAR OUTCOME ARISING FROM YOUR INTERACTION WITH ANY SERVICE USER.

YOUR USE OF THE SITE AND SERVICE (INCLUDING, WITHOUT LIMITATION, YOUR INTERACTION WITH OTHER SERVICE USERS), ARE ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE SITE AND SERVICE ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. MEETEOR, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICE PROVIDERS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “MEETEOR PARTIES”): (A) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DO NOT WARRANT THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UPDATED, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET ANY MINIMUM SERVICE LEVEL OR STANDARD OF OPERATION, OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OF THE SITE OR SERVICE, OR THE RESULTS OF THE USE OF THE SITE OR SERVICE (INCLUDING THE RESULTS OF YOUR INTERACTION WITH ANY SERVICE USERS) IN TERMS OF THEIR SAFETY, ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISE. MEETEOR FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, OTHER SERVICE USERS, IN CONNECTION WITH, OR RELATED TO, YOUR USE OF THE SITE AND SERVICE, OR YOUR INTERACTION WITH SUCH THIRD PARTIES.

YOUR SOLE REMEDY AGAINST MEETEOR FOR DISSATISFACTION WITH THE SITE OR SERVICE IS TO STOP USING THE SITE OR SERVICE. THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND MEETEOR. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MEETEOR OR ANY PERSON ON BEHALF OF MEETEOR SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY AND CONDITION.

Some jurisdictions may not allow the exclusion and/or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, Meeteor’s warranties and conditions with respect to the Site and Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.

LIMITATION OF LIABILITY.

IN NO EVENT WILL MEETEOR OR THE MEETEOR PARTIES BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE SITE OR SERVICE, OR THE USE OF THE RESULTS OF THE SERVICE, LOSS OF PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR OTHER LOSS, OR FOR ANY OTHER REASON OF ANY KIND, (INCLUDING, WITHOUT LIMITATION, TO THE EXTENT ARISING FROM YOUR INTERACTION WITH ANY SERVICE USERS), WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF MEETEOR OR THE MEETEOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MEETEOR AND THE MEETEOR PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SITE, SERVICE (INCLUDING, WITHOUT LIMITATION, TO THE EXTENT ARISING FROM YOUR INTERACTION WITH ANY SERVICE USERS), OR CONTENT. IF, NOTWITHSTANDING THE FOREGOING, MEETEOR IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE OR SERVICE, MEETEOR'S TOTAL CUMULATIVE LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED US DOLLARS (US$100.00).

Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so the above limitations or exclusions may not apply to you. In such event, Meeteor’s liability for such damages with respect to the Site and Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.

Release. You hereby release Meeteor and the Meeteor Parties from and against any and all demands, claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses of any kind, including but not limited to, personal injury, death, emotional distress, and property damage, that arise from, out of, in connection with, or incident to, whether directly or indirectly, your use of the Site and Service.

Indemnification. You hereby agree to indemnify, defend and hold harmless Meeteor and the Meeteor Parties (each an “Indemnified Party”), from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Party(s) in connection with any actual or alleged claim arising out of: (a) your use of the Site or Service (including, without limitation, your interactions with other Service users); (b) any breach or alleged breach by you of these Terms, including, without limitation, any false, misleading, inaccurate, or incomplete statements or other information provided by you concerning the origin or ownership of any Feedback, materials, or other content provided by you, or otherwise relating to these Terms; (c) any use of the Feedback, materials, content or other information you submit to Meeteor in connection with the Service; (d) any breach or alleged breach by you of a third party’s rights; (e) any damage caused by or alleged to have been caused by you to the Site or Service; or (f) any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation. Counsel you select for defense or settlement of a claim must be consented to by the Indemnified Party(s) prior to counsel being engaged to represent you and the Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested, by the Indemnified Party(s) in the defense or settlement of any claim. The Indemnified Party(s) reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of Meeteor or any other Indemnified Party(s) without the prior written consent of Meeteor and where applicable, the other Indemnified Party(s).

Governing Law and Venue. These Terms will be construed and enforced in all respects in accordance with the laws of the State of Washington, without reference to its choice of law rules. Except as set forth below in this paragraph, the federal and state courts seated in the city of Seattle, King County shall have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from, or relates to, these Terms and you hereby irrevocably waive any objection to such exclusive jurisdiction. Notwithstanding the foregoing, Meeteor may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights, and you hereby submit to the exclusive jurisdiction of such courts and irrevocably waive any objection thereto on the basis of improper venue, inconvenience of the forum or any other grounds. You agree that your breach of these Terms may result in immediate and irreparable damage to Meeteor for which there is no adequate remedy at law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms, including, without limitation, the Site or Service. Furthermore, these Terms (including without limitation, the Site and Service) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA. Any cause of action arising under these Terms must be commenced by you within one (1) year after the claim or cause of action arises.

Jury Waiver Trial. TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THESE TERMS.

Entire Agreement, Notice, Waiver, and Severability. These Terms and the Privacy Policy, together constitute the entire agreement between you and Meeteor with respect to the Site and Service (excluding any products or services which Meeteor may provide to you under a separate written agreement), and completely supersedes, cancels and replaces any and all other written or oral agreements or understandings previously existing between you and Meeteor with respect to the Site and Service. The failure of Meeteor to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any part of these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms, and the other parts will remain in full force and effect.

Void Where Prohibited. The Site is administered and operated from the United States of America. Other web sites linked through the Site or Service may be administered and operated from various locations outside the United States of America. Although the Site is accessible worldwide, not all products, services or content discussed, referenced, provided or made available on or through the Site or Service are available to all persons or in all geographic locations, or are appropriate or available for use outside the United States of America. Meeteor reserves the right to limit, in its sole discretion, the provision of the Service, or feature or content associated therewith, to any person or geographic area. Any offer for any product or service on the Site or through the Service is void where prohibited. If you choose to access the Site or Service from outside the United States of America, you do so on your own initiative and you are solely responsible for complying with applicable local laws, rules and regulations.

Notice. Any notice or other communications by Meeteor relating to the Service may be made by letter, e-mail or posting on the Site, and you hereby consent to receive notices and other communications in electronic form to the extent permitted by applicable law.

Third Party Beneficiaries. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Meeteor Party shall be a third party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these Terms that confers a right or remedy in favor of it.

Assignment. Meeteor may assign or transfer its rights, or delegate its performance, under these Terms to one or more third parties in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms to any third party without in each and every case, Meeteor’s express prior written consent.

Term and Termination. Meeteor reserves the right to modify, interrupt, suspend or terminate the operation of, or access to, the Site and/or Service, or any portion of the Site and/or Service, at any time, without notice to you for any or no reason in its sole discretion. In addition to any other legal, equitable or technical rights and remedies it may have, Meeteor may suspend and/or terminate your access to the Site and/or Service, cancel your Account, and/or block your future access to the Site and/or Service, without notice, if you fail to comply with these Terms or if Meeteor believes, in its sole discretion, that you are violating these Terms or that you intend to do so, and in such event, you must cease using the Service, which includes without limitation, refraining from accessing or using the Site. In addition, Meeteor may notify the relevant law enforcement authorities or other third parties, of any illegal or other prohibited conduct by you. You may stop using the Service at any time, which includes without limitation, refraining from accessing or using the Site. Upon termination of your use of the Site and/or Service for any reason, you will have no recourse against Meeteor or the Meeteor Parties for your inability to use the Site and/or Service. Any of your obligations under these Terms which by their nature are intended to survive the termination of your use of the Site or Service, shall continue to apply to you after you cease to use the Site and/or Service. Meeteor may take any legal action against you to enforce these Terms or to prevent the breach of these Terms, including, without limitation, seeking equitable remedies or using technical means at its disposal.

Export Restrictions. You may not and agree not to use, export or re-export any portion of the Service made available through the Site, or any content or any copy or adaptation of such content, in violation of any applicable laws, rules or regulations, including but not limited to, United States of America export laws, rules and regulations. By downloading, copying or using the content, you represent and warrant that such download, copy or use is not in violation of any such laws, rule or regulation.

Contact Us. You may contact us at the addresses set forth below. However, we regret that we are unable to respond to all enquiries that we receive. Please note that contacting Meeteor does not mean that we have any special relationship with, or responsibility to, you. Also, Internet transmissions are never completely private or secure. You understand that any message or information you send to Meeteor electronically may be read or intercepted by others, unless there is a special notice that a particular message is encrypted (sent in code). You acknowledge that you send such electronic messages at your own risk.

Meeteor, Inc.

4529 Woodland Park Avenue

Seattle, WA

98103

[questions@meeteor.com]