By using the Metew.com website address (the "Website"), whether as a visitor or account member, you (the "User") agree to these terms and conditions. If you do not agree to the terms and conditions of the Agreement, you should immediately cease all usage of this website.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of the Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Website. Your continued use of the classified and related services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, the Agreement may not be amended.
Description of Services and Disclaimer Regarding Accuracy of Seller Information.
Metew.com is providing Users with classified services relating to the buying and selling of goods or services. (the "Services"). Because the information regarding any other goods or services offered for sale is supplied by the seller, Metew.com does not independently verify the accuracy of the information that is supply about the goods or services offered for sale on this Website. Accordingly, we make no representations or warranties as to the accuracy or reliability of any information provided on this Website. Further, Metew.com makes no warranties or representations whatsoever with regard to any goods or services offered for sale on this Website, and you acknowledge that any reliance on representations and warranties provided by any seller shall be at your own risk.
Disclaimer of Warranties and Limitation of Liability.
THE SITE IS PROVIDED BY Metew.com ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Metew.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, ABSENCE OF VIRUSES, OR OTHERWISE. Metew.com DISCLAIMS ALL WARRANTIES WITH REGARD TO SERVICES PROVIDED ON THE WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Metew.com SHALL NOT be liable for any damages whatsoever, and in particular Metew.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Metew.com has been advised of the possibility of such damages.
User agrees to indemnify and hold Metew.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Website, the violation of the Agreement, or infringement by User, or other user of the Website using User's computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service.
Metew.com reserves the right to modify or discontinue the Service with or without notice to the User. Metew.com shall not be liable to User or any third party should we exercise our right to modify or discontinue the Website or the services provided therein. User acknowledges and accepts that Metew.com does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Governing Jurisdiction of the Courts and Venue for Disputes.
All questions with respect to the construction of this Agreement and liabilities arising from or related to this Agreement shall be governed by the laws of the State of Utah or the federal laws of the United States of America, without giving effect to principles of conflicts of law. Venue for resolution of any disputes shall be in the state or federal courts of Utah.
Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Metew ©2010, Inc. doing business as Metew.com, with all rights reserved, or is the property of Metew, Inc., and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Metew.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages, dealer or private listings, or other content contained therein without prior written permission of an authorized officer of Metew.com.
Metew.com™ is a proprietary mark of Metew, Inc. and its trademark may not be used in connection with any product or service that is not provided by Metew.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Metew, Inc.
All other trademarks and trade dress displayed on Metew.com's Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Metew.com.
Notification of Claimed Copyright Infringement.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act ("Act"), written notice OF ANY CLAIMED COPYRIGHT INFRINGEMENT RELATING TO THE ACTIVITIES OF SERVICE PROVIDERS UNDER SECTION 512 OF THE ACT must be submitted to the Designated Agent named below. ANY NOTICE SENT TO THE DESIGNATED AGENT MUST MEET THE REQUIREMENTS OF SECTION 512(C)(3) OF COPYRIGHT REVISION ACT, AS AMENDED BY THE DIGITAL MILLENIUM COPYRIGHT ACT.
Service Provider(s):Metew, Inc. doing business as Metew.com AND ANY AFFILIATES, INCLUDING SUBSIDIARIES, OF THE ABOVE.Name of Agent Designated to Receive Notification of Claimed Infringement:M. Eric Olmstead, Barney McKenna & Olmstead, P.C.Designated Agent's Address:43 South 100 East, Suite 300St. George,Utah 84770Telephone, fax and email Address of Designated Agent:Telephone: (435) 628-1711Fax: (435) 628-3318Email: email@example.comNOTE: ALTHOUGH NOT REQUIRED, IT IS RECOMMENDED THAT NOTIFICATIONS BE SENT BOTH BY FAX AND BY EMAIL AND THAT ANY EMAIL NOTIFICATION INCLUDE "NOTICE OF ALLEGED SERVICE PROVIDER INFRINGEMENT" IN THE SUBJECT LINE OF THE EMAIL.This contact information is provided only for the purposes stated above.
CLASSIFIED ADVERTISING AGREEMENT (PRIVATE PARTY)
Effective Date: This Classified Advertising Agreement (Private Party) (the "Agreement") was last updated on April 1,2009.
Metew.com reserves the right to edit, revise or reject any Advertising. Nevertheless, you assume full responsibility for the legality of the content of the Advertising. You shall indemnify, defend and hold harmless Metew.com and its affiliates against any loss, damage, cost and expense (including, without limitation, attorneys fees) which Metew.com and its affiliates may incur, or become liable for, by reasons of all such matters and any and all claims or actions for libel, violation of any right of privacy, plagiarism, copyright infringement, illegality of items advertised, illegality of the content of the Advertising, and any and all other claims of any kind or nature in connection with advertising matter published on Metew.com pursuant to this Agreement.
Neither Metew.com nor its affiliates shall be liable in the event any act of God, the public enemy or governmental authority, labor dispute, war (whether or not declared), civil disobedience, riot, failures of equipment or systems of Metew.com, or other occurrences beyond its control shall in any way restrict or prevent the publication of Your listing on Metew.com. Neither Metew.com nor its affiliates shall be liable by reason of any error in connection with any advertisement (including, without limitation, typographical errors, and failures to publish your advertising on desired dates or in requested positions in Metew.com's website, omissions or additions to advertisements). In no event shall Metew.com or its affiliates be liable to You for lost sales, profits or any special, incidental, indirect, consequential or punitive damages through its actions, inaction or neglect because of any matters arising out of or in connection with this Agreement, regardless of whether a claim is made under tort, contract or other theory of law.
In the event of any action with respect to this Agreement (including arbitration), the prevailing party shall be entitled to recover from the other party all costs and expenses (including attorneys' fees) incurred in connection therewith.
None of Your rights or obligations hereunder may be assigned or transferred without the prior written consent of Metew.com and any attempt by You to assign or transfer any such rights or obligations without such consent shall be void and unenforceable. Subject to the foregoing, this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Metew.com, in our sole discretion, to a third party in the event of a merger or acquisition.
All questions with respect to the construction of this Agreement and liabilities arising from or related to this Agreement shall be governed by the laws of the State of Utah or the federal laws of the United States of America, without giving effect to principles of conflicts of law. Venue for resolution of any disputes shall be in the state or federal courts of California.