Last updated: May 05, 2023
BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE
(THE “TERMS”) SET FORTH HEREIN OR BY OTHERWISE USING OR ACCESSING THE
SITE (AS DEFINED BELOW) (THE “ACCEPTANCE”), YOU AGREE YOU HAVE READ
AND ARE BOUND BY THESE TERMS AND THAT YOU HAVE READ AND
UNDERSTAND METERBYTE’S PRIVACY POLICY. IF YOU ARE ENTERING INTO
THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (YOUR
“COMPANY”), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
ENTITY TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” AND “YOUR” WILL
REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO
NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND
MAY NOT USE THE SITE.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
Welcome! MeterByte (“MeterByte”, “we,” “our,” or “us”) provides its services
through its website located at MeterByte.ca along with related features, content, applications,
and products (collectively the “Site”).
Before using the Site, please reads these Terms of Use (as amended from time to time, the
“Terms” or the “Agreement”) carefully, along with any other policies, additional terms or notices
on the Site, including without limitation our Privacy Policy located at MeterByte.ca/privacy/,
all of which are hereby incorporated by reference into these Terms. Together these materials
contain terms, rules, and guidelines related to your use of the Site.
These Terms, by and between you and MeterByte.ca (“MeterByte”), is effective as of
the date of Acceptance (the “Effective Date”) and governs your use of MeterByte’s services
through its website located at MeterByte.ca along with related features, content, applications,
and products (collectively the “Site”). MeterByte reserves the right to change or modify portions
of these Terms at any time. If MeterByte does so, it will post the changes on this page and will
indicate at the top of this page the date these Terms was last revised. We reserve the right to amend these Terms and Conditions at any time
without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will ensure that the latest,
fully amended version of these Terms and Conditions is published on the Website. You are responsible for regularly reviewing the Website to
obtain timely notice of such amendments.
Your use of the Website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition,
or if any representation made herein by you is not true, you may not use, and must cease using, the Website. If you continue to use the Website after the effective date of each amendment,
you will be conclusively deemed to have accepted such amended version of these Terms and Conditions.
By accessing or using our Site you acknowledge that you have read, understood, and agree to
these Terms, as well as any other policies, additional terms or notices on the Site, including
without limitation our Privacy Policy located at MeterByte.ca/privacy.
You acknowledge that you have read the Privacy Statement located on the Website at MeterByte.ca/privacy, as it may be updated from time to time (the "Privacy Statement"), and hereby consent to the collection, use, disclosure and retention by us of
your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance
with applicable terms and conditions contained in the Privacy Statement,which is incorporated herein by reference and forms an integral part of these Terms and Conditions.
You can only use our Site to the extent the laws of the Canada and the United States (and your jurisdiction if not
the Caanda or the United States) do not bar you from doing so. Please make sure these Terms are in compliance
with all laws, rules, and regulations that apply to you.
The Site
We make every effort to keep the Site up and running smoothly, but at times the Site may be
interrupted or temporarily unavailable due to issues beyond our control. We will not be liable to
you if for any reason the Site is unavailable and we may suspend, withdraw, discontinue or
change the Site without notice. We reserve the right to disable (some or all of) the functionalities
of the Site for any account at any time for any reason, without notice, without liability to you or
to any third parties.
Sign Up and Login Information. We need your first name, last name, email, and a password to sign up for
an account with MeterByte. This information is required in order to create an account. If you are signing up for an employer account you must use a work email address and not a personal one.
Your Use of Our Site
When using the Site, you must follow these basic rules:
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Don't Use Our Site to Break the Law or Infringe Third Party Rights. You agree that you
will not violate any laws or infringe or violate any intellectual property or other
proprietary rights of any party when using our Site. This includes any local, provincial,
state, federal, national, or international laws that may apply to you.
-
Don't Try To Harm Our System. You agree not to distribute any virus or other harmful
computer code through the Site. You also agree to not take any action that may impose an
unreasonable or disproportionately large load on our or any of our third party providers'
infrastructure.
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Don't Attempt to Circumvent Our Security. You agree not to bypass, circumvent, or
attempt to bypass or circumvent, including by masking your IP address or using a proxy
IP address, any measures we may use to prevent or restrict access to the Site, including
without limitation other accounts, computer systems, or networks connected to the Site.
You also agree not to obtain or attempt to access or otherwise obtain any materials or
information through any means not intentionally made available or provided for through
the Service.
-
Don't Steal From Us. You agree not to automatically or manually “crawl,” “scrape,” or
“spider” the Site, or engage in or use any data mining, robots or similar data gathering or
extraction methods, or reverse engineer or attempt to obtain our source code or data.
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Don't Copy From Us. You agree not to modify, copy, frame, imitate, mirror, reproduce,
distribute, publish, download, display, perform, post, store, or transmit any of content
made available through the Site, including without limitation any marks, in any form or
by any means, including but not limited to electronic, mechanical, photocopying,
recording, or otherwise. You agree not to rent, lease, loan, sell, distribute or create
derivative works based on the Site, in whole or in part.
-
Don’t Impersonate. You agree not to impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or entity.
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you only use the Website for lawful purpose.
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If at any time you become aware of any violation, by any person or entity, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
-
Any use of the Site other than as specifically authorized in this Agreement, without our
prior written permission, is strictly prohibited and will terminate your right to use the
Site.
-
Prohibited Conduct. Without limiting the generality of any other restriction in these Terms and Conditions, you agree that you will not, in connection with the Website,
directly or directly do or permit any of the following:
1. post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that
a. is unauthorized or unsolicited commercial communications, junk or bulk communications or other "spam"
(whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited
b. is defamatory, infringing, or unlawful,
c. is inappropriate, profane, obscene, indecent, or contains information without suitable or lawfully-required access controls (which controls will in no event be our responsibility)
d. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
e. scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
f. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
g. disrupt or threaten the integrity, operation or security of any Website, any computer or any Internet system
Intellectual Property
The content on the Site contains copyrighted material, trademarks, and other proprietary
information belonging to us, including but not limited to text, software,
photos, and graphics, and may in the future include video, graphics,and sound, which is
protected by copyright law, registered and unregistered trademarks, database rights, and other
intellectual property rights. Unless otherwise provided, we exclusively own this
content and your use of the Site does not grant you any right, title, or interest in the content.
Nothing in these Terms or the Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of any trademarks displayed on the Site, without our
prior written permission in each instance.
DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT:
ALL USE OF THE WEBSITE PROVIDED BY US IS AT YOUR OWN RISK;
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS,
SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER
PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR
BEHALF BE LIABLE TO YOU UNDERCONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR
EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO,
USE OF, OR RELIANCE ON THE SITE OR ANY CONTENT PROVIDED THROUGH THE
SITE OR ANY ERRORS OR OMISSIONS IN THE SITE OR ANY CONTENT; (II) ANY
UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE
BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION),
Warranty Disclaimer
You understand and agree that we have no control over, and no duty to take any action
regarding:
- which members subscribe to the Site;
- what content you access via our Site;
- what effects the content may have on you;
- how you may interpret or use the content; or
- what actions you may take as a result of your exposure to the content.
THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY
CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY US OR BY ANY
THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE,
OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION,
WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE
SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE
WILL MEET YOUR REQUIREMENTS.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the
Meterbyte Parties (OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS,
SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER
PERSONNEL AUTHORIZED TO ACT) from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use
of and access to the Site; (ii) any User Content; (iii) your violation of any term of this
Agreement; or (iv) your violation of any law, rule, or regulation, or the rights of any third party.
Note to International Users
The Site is hosted in the United States and Canada. If you are a user accessing the Site from the European
Union, Asia, or any other region with laws or regulations governing personal data collection, use,
and disclosure that differ from United States laws, please be advised that through your continued
use of the Site, which is governed by US or Canadian law, you are transferring your Personal Information to
the United States or Canada and you consent to that transfer.
Termination
We reserve the right to terminate your right to use the Site or block or prevent your access to the Site, without providing you with notice or reason.
We also reserve the right to terminate the rights to use the Site and block all organizations and individuals from any nation that poses national security threats to any of our employees or contractors.
In the event of termination, your obligations under this Agreement will still continue.
No Waiver
Waiver of Rights and Remedies. Our failure to insist upon or enforce strict performance of any provision
of these Terms and Conditions will not be construed as a waiver of any provision or right.
Neither the course of conduct between you and us nor trade practice will act to modify any provision of
these Terms and Conditions. Our rights, powers and remedies in these Terms and Conditions, including without
limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and
not in substitution for any right, power or remedy that may be available to us at law or in equity.
Severability
If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable,
that term will be deemed severable and limited or eliminated to the minimum extent necessary.
The limitation or elimination of the term will not affect any other terms.