Metrobot Terms of Service
Welcome! By using Metrobot's map based search engine or other Services such as forums, polls, event calendars, and chat rooms ( the "Services"), you agree to be bound by the following terms and conditions (the "Terms of Service").
You may not take the results from a Metrobot search and reformat and display them, or mirror the Metrobot home page or results pages on your Web site. If you want to make commercial use of the Services (aside from listing and/or advertising your business), you must enter into an agreement with Metrobot to do so in advance. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
No Automated Querying
You may not send automated queries of any sort to Metrobot's system without express permission in advance from Metrobot. Note that "sending automated queries" includes, among other things:
Links to Other Web Sites
- using any software which sends queries to Metrobot
- performing "offline" searches on Metrobot.
The Services may provide links to other World Wide Web sites or resources. Because Metrobot has no control over such sites and resources, you acknowledge and agree that Metrobot is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Metrobot shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. A search using the Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Metrobot search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Services
Contact With Advertisers Or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Metrobot does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that Metrobot will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Sites. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Metrobot has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Passwords and Security
Access to certain Services require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to immediately notify Metrobot of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session by closing all Metrobot browser windows. Metrobot cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Posting Material on the Metrobot Services
Certain portions of the Services may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content ("Postings"). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content ("Poster"), and not Metrobot. Metrobot does not control the Postings and does not guarantee the accuracy, integrity or quality of any Postings.
You understand that by using the Services, you may be exposed to Postings that are offensive, indecent or objectionable. Under no circumstances will Metrobot be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings.
If you do choose to post content on the Services, please do not do so unless you understand that your Postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your Postings. You agree that all of your Postings will comply with the requirements of this Agreement.
You agree not to use the Services to:
- Post any Posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm or threaten to harm users in any way;
- "Stalk" or otherwise harass any other person or entity;
- Impersonate any person or entity (including Metrobot users or agents, and business entities), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by Metrobot for such purpose;
- Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
- Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Interfere with or disrupt the Services, or servers or networks connected to our Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting, storing, and/or distributing information about Metrobot users without their permission, except as permitted by applicable law; or
- Disseminate or transmit any material that contains software viruses, worms, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You acknowledge that Metrobot does not pre-screen Postings, but that Metrobot has the right, but not the obligation, to refuse to make available, to modify or to remove any Postings or portions of Postings in its sole discretion and at any time without notice to the Poster, regardless of whether those Postings violate the terms of this Agreement or are otherwise objectionable.
You agree that your use of any Posting is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Posting. You agree that if you rely on any Posting submitted to Metrobot, it is solely at your own risk.
If you choose to provide any Postings to the Services, you agree to: (a) provide true and accurate information. If you provide any information that is untrue or inaccurate, or if Metrobot has reasonable grounds to suspect that such information is untrue or inaccurate, Metrobot has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You further agree that Metrobot may copy, distribute, display, publish, modify or translate such Postings for any purpose and in any medium worldwide without any obligation to compensate you or any other third party in any way for any such use. Metrobot may grant other parties these same rights as to the Postings.
You acknowledge and agree that Metrobot may preserve Postings and may also disclose Postings if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Posting violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Metrobot, its users and the public.
Modifications to the Services and the Terms of Service
Metrobot reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason, with or without notice. You agree that Metrobot shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
You agree that Metrobot may, under certain circumstances and without prior notice, immediately terminate your Metrobot account and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms Of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your Metrobot account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Metrobot's sole discretion and that Metrobot shall not be liable to you or any third-party for any termination of your account or access to the Service.
Metrobot's Proprietary Rights
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that data or informational content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Metrobot or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
Metrobot grants you a personal, non-transferable and non-exclusive right and license to use its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, decrypt or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Service by any means other than through the interface that is provided by Metrobot for use in accessing the Service.
Disclaimer of Warranties
Metrobot disclaims any and all responsibility or liability for the content, accuracy, completeness, legality, reliability, operability or availability of information or material displayed by the SERVICES. Metrobot disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Metrobot disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the SERVICES.
THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. METROBOT AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. METROBOT AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. METROBOT AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. METROBOT AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT METROBOT OR ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF METROBOT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICES, FROM RELIANCE ON THE SERVICES, FROM AN INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED AS A RESULT OF UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISIONS OR DATA. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Metrobot or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of laws provisions. If any provision of the Terms of Service is for any reason found by a court of competent jurisdiction to be unenforceable or invalid, the other provisions of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between you and Metrobot with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The failure of Metrobot to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Metrobot. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.