These Terms and Conditions (the “Terms”) contain the terms of service for www.doterraonlineticket.com and are effective as of April 19, 2017. PLEASE READ THE TERMS CAREFULLY BEFORE USING www.doterraonlineticket.com OR SIGNING UP FOR SERVICES OFFERED THROUGH www.doterraonlineticket.com. If you have any questions or concerns regarding the Terms, you should contact Customer Support by email at email@example.com.
- ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS AGREEMENT
The agreement created by the Terms is between you (“you” or “your”) as an authorized user of the Services, and METCOM STUDIOS, LLC, (“Metcom Studios”, “we”, “us” or “our”). For purposes of the Terms, “Services” is defined as any and all services provided by Metcom Studios to you either now or in the future and “Account” is defined as the account through which you access the Services. “Website” and/or “Site” is defined as the domain www.doterraonlineticket.com website.
The Terms, together with any operating rules, policies, price schedules or other supplemental documents published from time to time by us (collectively, the “Agreement”), constitutes the entire agreement between us and you regarding the Services, and supersedes all prior agreements between us and you regarding the subject matter of this Agreement. By using the Services or visiting the Site, you confirm your acceptance of, and agree to be bound by, this Agreement. If you are using the Services on behalf of your employer, you represent that you are authorized to accept this Agreement on your employer’s behalf.
If you begin, but fail to complete the sign-up process for Services, we may contact you in an effort to help you sign up for the Services or another service offered by us. You hereby authorize us to use any information you have entered during the sign-up process (whether or not completed) to make such contact, even if you ultimately determine not to sign up for any of the services offered by us.
Unless explicitly stated otherwise, this Agreement will govern the use of any new features that augment or enhance the current Services, including but not limited to the release of new software and Services. In the case of any violation of this Agreement, we reserve the right to seek all remedies available by law and in equity.
- CUSTOMER RESPONSIBILITIES
You are fully responsible for any information you transmit or received through the Services and for any use of such information. We simply act as a passive conduit or portal to transmit information through the Services, and we, therefore, expressly disclaim any responsibility for any content on the Site except for that content necessary to administer and operate the Site. Notwithstanding the foregoing, if you find any information or content on the Site that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes the rights of you or others, you should notify us at firstname.lastname@example.org and we will take action to remove such information or content if appropriate. We reserve the right to take any action with respect to the Services that we deem necessary or appropriate in our sole discretion if we believe you or your use of the Services may create liability for us, compromise or disrupt the Services for you or other customers, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree:
(a) not to use the Services for illegal purposes;
(b) not to interfere or disrupt networks connected to the Services;
(c) to comply with all regulations, policies and procedures of networks connected to the Services;
(d) not to use the Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and
(e) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature.
You shall not interfere with another Customer’s use and enjoyment of the Services or another entity’s use and enjoyment of similar services. To use the Services you must: (i) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services; (ii) maintain the security of your information relating to your Account and; (iii) be responsible for all charges resulting from use of your Account, including any unauthorized use of your Account by third parties.
- TERMINATION OR SUSPENSION
You may terminate your account at any time, with or without cause, by (i) ceasing to use the Services, or (ii) contacting Customer Support by email at email@example.com with your request and we will terminate your account for you. Because of the nature of the Services, there will be no refund of any portion of charges you have paid to use the Services.
We may terminate or suspend your Account at any time, with or without cause, upon notice. We reserve the right to do so without prior notice, provided that we attempt to confirm such termination or suspension by subsequent notice. In addition, we reserve the right to suspend or terminate your Account without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to us when we believe you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to us. We reserve the right to limit use of the Services or to terminate any Account if we believe unreasonable usage has occurred on such Account or if the Services are used in a manner that is not permitted by this Agreement. Such termination does not relieve you of your obligation to pay for the Services. We also reserve the right to take any action with respect to the Services that we deem necessary or appropriate in our sole discretion if we believe you or your information may create liability for us, compromise or disrupt the Services for you or others or cause us to lose (in whole or in part) the services of our suppliers. You acknowledge and agree that the Services may, as described on the Site, only be available to you for a specified term, or that their availability may end after a given date, and that we have no obligation to provide the Services or make them available to you after such term or date.
- CUSTOMER REPRESENTATION
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. If you sign up on behalf of an entity, you agree and acknowledge that you have authority to bind the entity to this Agreement. You also agree and acknowledge that you are responsible for all individual users who access and/or use the Services through your Account. Accordingly, the terms, conditions, restrictions and obligations of this Agreement (excluding your payment obligations to us) shall be construed to also apply to all users who utilize your Account and you shall be liable for any breach hereof by any user of your Account.
- MODIFICATIONS TO CUSTOMER AGREEMENT
We may automatically amend this Agreement at any time by posting a revised Agreement on the Website, and, if the amendments are material, by sending information regarding the amendment to the email address you provide to us. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and us. We reserve the right to modify or discontinue any of the Services with or without notice to you and we shall not be liable to you or any third party should we exercise our right to do so.
- MEMBER ACCOUNT AND SECURITY
As part of the registration process, you will be required to provide an email address and select a username and password. You may change your password to protect your Account. You are responsible for maintaining the confidentiality of your username, password, and account information. Furthermore, you are responsible for any and all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” AND NEITHER WE NOR ANY OF OUR LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. WE DO NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE RESERVE THE RIGHT TO MAKE THE SERVICES INOPERABLE IN ORDER TO CONDUCT MAINTENANCE AND UPGRADES, AND DEPENDING ON CIRCUMSTANCES MAY NOT INFORM CUSTOMERS IN ADVANCE OF ANY SUCH DOWNTIME. WE AND EACH OF OUR LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
YOUR USE OF THE SERVICES AND ALL SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM US. YOU AGREE THAT NEITHER WE NOR ANY OF OUR LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY OTHER SOFTWARE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WE OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF US AND OUR LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR SERVICES. YOU HEREBY RELEASE US AND EACH OF OUR LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
NEITHER US NOR ANY OF OUR LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF OUR OR ANY SUCH LICENSOR’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE.
You agree to pay all charges for your use of the Services at the prices then in effect. All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law. We reserve the right to change prices or institute new charges for access to or use of the Services. All changes will be posted by us on the Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your Account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are wholly owned by us and/or our licensors, vendors and service providers except where expressly stated otherwise. You may not use our trademarks, trade names, patents, copyrights or other intellectual property rights without our prior written permission.
You agree to indemnify us and each of our licensors and service providers from and against any and all liabilities, expenses (including attorney fees) and damages arising out of claims based upon use of your Account, including any violation of this Agreement by you or any other person using your Account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations.
- NO RESALE OF THE SERVICES
Your right to use the Services is personal to you. You agree not to resell the use of the Services or to allow the use by others of the Services.
- NOTICES; CONSENT
Notices given by us to you will be given by email or by a general posting on the Website, or by conventional mail. In any matter requiring our prior consent, such consent will be considered given only if made in the foregoing manner by our authorized representative. Notices given by you to us must be given by email or by conventional mail (subject, however, to our verification procedures, as may be established by us from time to time in our sole discretion, and which may include the requirement that you contact us by email/phone so as to confirm that any such notice was in fact sent by you). Notices to us by conventional mail must be sent to us at Metcom Studios, LLC 331 So. Rio Grande Street, Suite 304, Salt Lake City, UT 84101.
- GENERAL TERMS
THE LAWS OF THE STATE OF UTAH, EXCLUDING ITS CONFLICTS OF LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE SOFTWARE AND SERVICES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE SOFTWARE OR SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH OR A STATE COURT FOR THE STATE OF UTAH LOCATED IN SALT LAKE COUNTY. In any proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its attorney fees. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
- LEGAL NOTICES
The materials at the Website and the content provided to you through the Services, are copyrighted and any unauthorized use of such materials and content (the “Materials”) may violate copyright, trademark and other laws. You may download one copy of the Materials to a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by us in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) Modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) Decompile, reverse engineer or disassemble software Materials except and only to the extent permitted by applicable law; (c) Remove any copyright or other proprietary notices from the Materials; (d) Transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials. We may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy the Materials in your possession.
The Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, downloaded, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way without our prior written permission. Except as expressly provided herein, we and our suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. Other rights may be granted to you by us in writing or incorporated elsewhere in the Materials.
Links provided on the Site may be provided solely as a convenience to you and the provision of any such link does not constitute our endorsement of the linked website or its provider or of any of the content, products or services contained or offered therein. Your use of linked websites is subject to the conditions, if any, that each of those websites has posted. You agree that we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the contents, products, services or any transmissions received through such websites. You further agree that we have no liability whatsoever from such third-party websites and your usage of them.
THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We and our suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. We may make changes to these Materials, or to the services described therein, at any time without notice.