Pirate Metrics Terms of Service
YOU AGREE THAT BY USING PIRATE METRICS AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
Pirate Metrics strives to keep the information it provides accurate, current and up-to-date. However, for a variety of reasons, Pirate Metrics cannot guarantee that all of the information provided by Pirate Metrics is completely current or applicable to your circumstances.
When you open an account to use Pirate Metrics, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Expected Behavior immediately of any unauthorized use of your account, user name or password. Expected Behavior shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Expected Behavior, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
Limited Permission to Download
Expected Behavior hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, and internal business use provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web site nor in a networked computer environment and (iii) the Materials are not modified in any way. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.
PIRATE METRICS AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF Pirate Metrics ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPECTED BEHAVIOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EXPECTED BEHAVIOR MAKES NO WARRANTY THAT: (A) PIRATE METRICS OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) PIRATE METRICS OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, THERE IS NO WARRANTY AS TO ANY UPTIME LEVELS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Pirate Metrics, OR ANY MATERIALS OFFERED THROUGH Pirate Metrics, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Pirate Metrics OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF Pirate Metrics IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. EXPECTED BEHAVIOR SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Limitation of Liability
IN NO EVENT SHALL EXPECTED BEHAVIOR, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE Pirate Metrics OR MATERIALS AVAILABLE FROM Pirate Metrics OR EXPECTED BEHAVIOR, EVEN IF EXPECTED BEHAVIOR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM Pirate Metrics RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
You agree to defend, indemnify and hold harmless Expected Behavior, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of Pirate Metrics and the Materials.
Compliance with Intellectual Property Laws
When using Pirate Metrics, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and Pirate Metrics is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your user account.
Compliance with Export Restrictions
You may not access, download, use or export Pirate Metrics or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
Expected Behavior will not refund any fees paid by you for services provided by Expected Behavior.
Governing Law; Venue
By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Indiana, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of Pirate Metrics or Materials shall be instituted in a state or federal court in the State of Indiana. You and Expected Behavior agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.