By using the www.metricpulse.com and affiliated Web sites and companies, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
WebSolvers, Inc., hereafter referred to as ‘WebSolvers and/or MetricPulse’ (and its related companies, shareholders, and/or partners) reserves the right to update and change the Terms of Service from time to time without notice. Any new features that change the current Service, including the installation of new features, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time on the MetricPulse Web site.
You must be 13 years or older to use this Service.
You must be a human being. Accounts registered by robots (also known as “bots”), spiders or other automated methods are disallowed.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. WebSolvers cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one free account.
You may not use the Service for the dissemination of ‘indecent’ material, adult-themed content, or purposes not commonly regarded as suitable for general audiences; WebSolvers, at its sole discretion, will make the determination of what content does and does not fall into this category.
A valid credit card is required for paying accounts.
If you initially sign up and provide a credit card for a paying account, you will be charged every 30 days.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, there will be no exceptions to this policy.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading or cancelling your Service may cause the loss of Content, features, or capacity of your Account. WebSolvers does not accept any liability for this loss.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by following the instructions in the account-related section(s) of the MetricPulse Web site.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
WebSolvers has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other related service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. WebSolvers reserves the right to refuse service to anyone for any reason at any time.
WebSolvers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all MetricPulse Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice. Such notice may be provided at any time within the system screens, email notification, and/or any other means deemed appropriate by WebSolvers.
WebSolvers shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
All content posted on the Service is must comply with U.S. copyright law.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
WebSolvers does not pre-screen Content, but WebSolvers and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright© 2011 WebSolvers, Inc.. All rights reserved.
Your use of the Service is at your sole risk. The service is provided on an "as is" and “as available” basis.
The service depends upon many 3rd party data providers and connections, some of which may have interruptions or cancellations in service; we assume no reliability for these temporary or permanent disruptions in service.
Technical support is only provided to paying account holders and is only available via email.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, WebSolvers or any other related entity.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by WebSolvers.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any WebSolvers customer, employee, member, or officer may result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage is excessive, or dramatically exceeds the average bandwidth usage (as determined solely by WebSolvers) of other customers, we reserve the right to immediately disable your account or minimize your activity, until you can reduce your bandwidth consumption. You may be charged reasonable bandwidth fees on your credit card on file; you agree to these charges by accepting this agreement.
WebSolvers does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that WebSolvers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WebSolvers has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of WebSolvers to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WebSolvers and governs your use of the Service, superseding any prior agreements between you and WebSolvers (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support at metricpulse dot com.
Violation of any of the terms below may result in the termination of your Account. While WebSolvers prohibits such conduct and Content on the Service, you understand and agree that WebSolvers cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.