Terms of Use

These Terms were last updated on 11/9/22.

1. Acknowledgment

   Welcome! Thank you for visiting us. Please read these Terms of Use (“Terms”) carefully before accessing or using Metrodora.co, any other sites that link to these Terms, or any of the features or functionality offered on or through those websites (collectively, the “Website”). These Terms, together with the Privacy Policy, and any other terms and conditions referred to in these Terms (collectively, the “Agreement”) govern your access to and use of the Website and any other communications that we may send to you. These Terms apply to all visitors, users, and others who access or use the Website. By accessing or using the Website you agree to be bound by the Agreement. If you disagree with any part of the Agreement then you may not access or use and are prohibited from accessing or using the Website.

   As used in the Agreement, the terms “Metrodora,” “we,” “us,” and “our” refer to Metrodora Institute, LLC, and “you” means the user or visitor to the Website, including individuals or businesses employing the individual user or visitor.

   THESE TERMS CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTIONS 7 (DISCLAIMERS) AND 8 (LIMITATION OF LIABILITY) AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 9 (DISPUTE RESOLUTION).
   
   BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

2. General Access Terms

   1. Age Restrictions. You must be at least 16 years old or other age of majority in your jurisdiction to access or use the Website. By accessing or using the Website, including making any donation through the Website or through our Donation Provider (as defined below), you represent that you are at least 18 years old or the age of majority in your jurisdiction.
   2. Privacy. Any identifying information that you provide to us or that we collect about you, including information that you submit to us through your access to or use of the Website, is subject to our Privacy Policy. The Privacy Policy describes our policies regarding the use and disclosure of your personal information when you use the Website. If you have not done so already, please read our Privacy Policy carefully before using the Website. The Privacy Policy may be accessed at the following link: https://metrodora.co/privacy-policy/. Your use of the Website is conditioned on your acceptance of our Privacy Policy. In the event of any conflict between the Privacy Policy and any other terms within the Agreement, the Privacy Policy will control, but only as to any matters addressed in the Privacy Policy.
   3. Applicable Law. The Website is controlled and operated by us from our offices within the United States and is not intended to subject us to the laws or jurisdictions of any state, country, or territory other than those of the United States, although the Website may be compliant with such laws. If you do access and use the Website outside the United States, you are responsible for complying with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws (each, a “Law”) with respect to such access and use.

3. Access and Use Restrictions

   1. Prohibited Use. Under the Agreement, you are expressly prohibited from using the Website: (i) in any way that violates any applicable Law; (ii) for the purpose of exploiting, harming, abusing, harassing, upsetting, annoying, insulting, defaming, or threatening to anyone, or attempting to do so; (iii) to infringe upon or violate our Intellectual Property Rights (as defined below) or those of others, or to store or transmit any content or material in violation of third party privacy or publicity rights; (iv) to send, knowingly receive, upload, download, use, or re-use any material that is obscene, pornographic, racist, sexist, bigoted, discriminatory, violent, false, fraudulent, or otherwise offensive, or that facilitates or promotes any illegal activity, or that does not comply with the Agreement; (v) to misrepresent your identity or affiliation with us or any other person or organization; (vi) in any way that suggests you are a representative of Metrodora or for any lobbying or political activities; (vii) in any way that, in our sole discretion, disparages us or any of our parents, subsidiaries, or affiliates or that paints any of those parties in a negative light; or (viii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm us or visitors to or users of the Website.
   2. Technical Restrictions. In addition to the other prohibitions provided for in these Terms, you agree that you shall not: (i) sell, resell, sublicense, transfer, or distribute the Website, including any of our related Intellectual Property Rights; (ii) provide or obtain or attempt to gain or facilitate unauthorized access to the Website or any server or device connected to the Website; (iii) disable, overburden, damage, or impair our or our service providers’ (including our Donation Provider’s) servers or networks, including via a denial-of-service or similar attack; (iv) use any robot, spider, or other automatic device, process, or other means to crawl, scrape, or otherwise access the Website, or use any means to reproduce or alter the navigational structure or presentation of the Website, for any purpose, including monitoring or copying any of the material on the Website, without our prior written consent; (v) use or copy the Website in order to spam, phish, pharm, pretext, or engage in similar acts, including to impersonate or attempt to impersonate Metrodora, any of Metrodora’s or its parents’, subsidiaries’ or affiliates’ employees, another visitor, or user, or any other person or entity; (vi) interfere with or circumvent the security features of the Website; (vii) introduce into the Website or use the Website to store or transmit any viruses, Trojan horses, worms, logic bombs, spyware, or other malicious code that will or may be used in any way to affect the functionality or operation of the Website or any related hardware, firmware, software, or equipment; (viii) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure, ideas, know-how, or algorithms related to any portion of the Website, except to the extent any such restriction is not permitted by applicable law; (ix) modify, translate, or create derivative works based on any portion of the Website, except as expressly permitted under the Agreement; (x) permit direct or indirect access to or use of the Website in a way that circumvents the Agreement or any other contractual limitations; (xi) frame or mirror any part of the Website, other than framing your own intranets or otherwise for your own internal and non-commercial purposes; (xii) remove, delete, alter, or obscure any copyright, trademark, patent, or other Intellectual Property Rights notices on the Website; or (xiii) otherwise interfere or attempt to interfere with the security, integrity, or performance of the Website in any way.

4. Intellectual Property

   1. Our Intellectual Property Rights. The Website and all of its features and functionality, including all software, displays, images, video, and audio, and the design, selection, and arrangement of the Website, are protected by Intellectual Property Rights controlled by us and our licensors. You acknowledge that we and our licensors own all right, title, and interest in and to the Website, including all related Intellectual Property Rights. As used in these Terms, “Intellectual Property Rights” means any and all patent, copyright, trademark, and trade secret rights, any and all other intellectual property or proprietary rights of any kind, and any and all applications, renewals, extensions, and restorations thereof, now and later existing worldwide.
   2. Use of Our Trademarks. All trademarks, trade names, service marks, slogans, designs, logos, and trade dress appearing on or in connection with the Website are the property of their respective owners, including, in some instances, us or our licensors, visitors and users, or third party service providers (including our Donation Provider). By accessing and using the Website and agreeing to this Agreement, we do not grant to you any license to or right in any of our trademarks, trade names, service marks, slogans, designs, logos, trade dress, or other Intellectual Property Rights and no such license or rights are conferred on or to you. You must not use any such Intellectual Property Rights without our prior written consent, except to the extent any such restriction is not permitted by applicable Law.
   3. Limited License. Subject to your compliance with the Agreement, we hereby grant to you a royalty-free, revocable, non-sublicensable, non-transferrable, and non-exclusive limited right and license to use the Website strictly in compliance with the Agreement. Your use of the Website shall be exclusively for your personal, non-commercial benefit, and not for providing third parties, directly or indirectly, with their own access to or use of the Website. Other than as expressly granted in these Terms, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and we reserve all rights not expressly granted under the Agreement. Any use of the Website not expressly permitted under the Agreement is a breach of the Agreement and may violate Intellectual Property Rights laws or other applicable Laws. We reserve the right to terminate this limited license at any time and for any reason, with or without notice to you and to enforce our Intellectual Property Rights to the fullest extent permitted under Law, including seeking monetary damages, civil penalties, injunctive or other equitable relief, and criminal prosecution.
   4. Feedback. Any feedback, suggestions, testimonials, reviews, questions, comments, ideas, notes, concepts, and other similar information that you provide to us in any form or media that relates to us, our third-party service providers (including our Donation Provider), our visitors or users, or the Website (collectively, “Feedback”) will be considered non-confidential and non-proprietary to you. For the avoidance of doubt, you hereby grant us a fully-paid, royalty-free, perpetual, irrevocable, unrestricted, worldwide, transferable, nonexclusive, sub-licensable (including through multiple tiers) license and right to use and publish such Feedback for any purpose. We are not, however, obligated to (i) use your Feedback in any way; (ii) maintain any Feedback in confidence; (iii) pay any compensation for any Feedback; or (iv) respond to any Feedback.

5. Links to Other Websites

   1. Third Party Links. Our Website may contain links to third-party web sites that we do not own or control, including any services that our Donation Provider offers (“Third Party Sites”). We do not control the content of Third Party Sites or the links contained in such Third Party Sites. Accordingly, we assume no responsibility for such content or links or the privacy policies or practices of any Third Party Sites. Your use of Third Party Sites is subject to the terms and conditions, privacy policies, and other notices, and agreements applicable to such Third Party Sites. We provide links to Third Party Sites only as a convenience to you, and the inclusion of a link does not constitute or imply our endorsement of any Third Party Site or any content found on any Third Party Site. Before accessing or using any Third Party Sites, we strongly advise you to carefully read all of the terms and conditions applicable to and governing such Third Party Sites.
   2. Donation Provider. In addition to Third Party Sites, our Website offers you the opportunity to make donations through our third party service provider; Overflow (“Donation Provider”). Our Donation Provider offers a donation platform that helps nonprofits and other corporations accept stock, crypto, and cash donations. When donating to us through our Donation Provider, additional terms and conditions may apply, including with respect to our Donation Provider’s Terms of Service and Privacy Policy. Please read and review our Donation Provider’s terms and conditions carefully before donating through the Website. More information on our Donation Provider’s terms and conditions can be found on our Donation Provider’s website, available at https://www.overflow.co/. By making any donation through the Website or our Donation Provider, you represent and warrant that such donation will not violate any applicable Law or any rights of any third parties.
   3. No Liability. Without limiting any other provision in these Terms, including Sections 7 (Disclaimers) and 8 (Limitation of Liability), we take no responsibility and assume no liability for: (a) Third Party Sites or any content or materials contained in such Third Party Sites; or (b) our Donation Provider’s terms and conditions applicable to your donations made through the Website or services that our Donation Provider may offer. You use or rely on Third Party Sites, and make donations through our Website, including through our Donation Provider, solely at your own risk.

6. Term: Termination

   1. Term. These Terms are effective unless and until terminated by either you or us.
   2. Termination Rights. You may terminate these Terms at any time by ceasing to access or use the Website. If you fail, or we suspect, in our sole discretion, that you have failed to comply with any aspect of the Agreement, including any of the provisions in Section 3 (Access and Use Restrictions), we may terminate or suspend your access or use, or the ability for any person or entity associated with you to access or use, the Website, immediately, with or without notice to you, in addition to any other available remedies.
   3. Effect of Termination. Following the termination of the Agreement for any reason, your rights under these Terms will immediately terminate, and you must immediately cease all use of the Website. All rights and obligations under this Agreement that, by their nature are intended to survive the termination or expiration of this Agreement, will survive such termination or expiration, including with respect to any claims arising out of your access to or use of the Website and Sections 3 (Access and Use Restrictions), 4 (Intellectual Property), and 6 (Term; Termination) through 10 (Additional Provisions).

7. Disclaimers

   1. YOU UNDERSTAND THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING THROUGH COURSE OF PERFORMANCE, TRADE USAGE, OR OTHERWISE. YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THIRD PARTY SITES AND YOUR PROVISION OF ANY FEEDBACK IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL IMPLIED OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT THE WEBSITE OR THIRD PARTY SITES, OR ANY CONTENT AVAILABLE THROUGH THEM WILL: (I) BE ACCURATE, RELIABLE, COMPLETE, TIMELY, OR ERROR-FREE; (II) HAVE ANY ERROR OR DEFECT CORRECTED; (III) BE ACCESSIBLE ON AN UNINTERRUPTED OR SECURE BASIS; (IV) BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR COMPUTER CODE; OR (V) OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
   2. WE ARE NOT RESPONSIBLE FOR ANY DELAYED OR INCORRECT PAYMENTS MADE AS A RESULT OF ACTS OR OMISSIONS OF OUR DONATION PROVIDER OR ANY OTHER SERVICE PROVIDERS.
   3. WITHOUT LIMITING THE ABOVE, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR INABILITY TO USE THE WEBSITE, THIRD PARTY SITES, A DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DEVICE, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF THE WEBSITE, OR TO ANY OTHER WEBSITE, OR CONTENT, MATERIAL, OR SERVICES LINKED TO OR ACCESSIBLE FROM THE WEBSITE, INCLUDING THIRD PARTY SITES.
   4. THIS SECTION DOES NOT EXCLUDED OR LIMIT ANY WARRANTIES THAT CANNOT BE SO EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Limitation of Liability

   1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHER RELATED COMPANIES, OR OUR OR THEIR RESPECTIVE LICENSORS, OR OTHER SERVICE PROVIDERS (INCLUDING OUR DONATION PROVIDER), SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, OR DIRECTORS (COLLECTIVELY, THE “METRODORA PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, OR FOR LOSS OF PRIVACY WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR YOUR REMEDY OTHERWISE FAILS IN ITS ESSENTIAL PURPOSE. OUR AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY OR PARTIES CLAIMING WITH, UNDER, OR THROUGH YOU, ARISING OUT OF OR RELATING TO THE WEBSITE, ANY DONATION MADE THROUGH THE WEBSITE, OR THE AGREEMENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
   2. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE AGREEMENT, DONATIONS MADE THROUGH THE WEBSITE OR OUR DONATION PROVIDER, ACCESS TO OR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
   3. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Dispute Resolution

   PLEASE READ THIS SECTION CAREFULLY. YOU AND METRODORA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

   1. Mandatory Arbitration. You hereby agree that, except as provided in Section 9(g) (Exclusions) below, any claim, dispute, or controversy between you and us, whether brought by you or by us, arising out of or relating in any way to the Agreement or your access to or use of the Website must be resolved through final, binding, and confidential arbitration located in West Valley City, UT.
   2. Arbitration Procedures. The arbitration will be administered by JAMS in accordance with the then-current Comprehensive Arbitration Rules and Procedures for commercial contracts (the “JAMS Rules”) The parties will mutually agree on an arbitrator, provided that if the parties cannot agree on an arbitrator within ten (10) days, JAMS will choose the arbitrator. In rendering an award, the arbitrator shall apply the governing law stated in Section 10(a) (Governing Law and Jurisdiction), except that the Federal Arbitration Act will govern the interpretation and enforcement of this Section.
   3. Arbitral Authority. Unless you opt-out of arbitration as described below, and except with respect to the class arbitration waiver in Section 9(d) (Class Action Waiver), the arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, formation, arbitrability, or enforceability of this arbitration provision, including any challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. Arbitration is a private dispute resolution process; it is not the same as going to court. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is limited. The arbitrator will, however, be empowered to grant whatever relief would be available in court under law or in equity (including injunctive and declaratory relief and statutory damages) and must follow the provisions of these Terms, as a court would. Any award of the arbitrator will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
   4. Class Action Waiver. You agree that an arbitration will be conducted on an individual, and not a class-wide, basis. An arbitrator will have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to the extent of their individual claims. YOU ACKNOWLEDGE AND AGREE THAT UNLESS YOU AND METRODORA OTHERWISE AGREE IN WRITING WITH REGARD TO ANY CLAIMS ARISING OUT OF THE AGREEMENT OR YOUR USE OF THE WEBSITE, YOU WILL NOT BE ENTITLED TO SEEK TO, AND AN ARBITRATOR OR COURT MAY NOT, JOIN OR CONSOLIDATE YOUR CLAIMS WITH ANY OTHER SIMILAR CLAIMS OF ANY OTHER PERSON OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
   5. Opt-Out. You can opt out of this arbitration provision within thirty (30) days of the date that you first agreed to the Agreement or any subsequent revisions to this Section. If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version. To opt out, you must send your name and address, email address, or phone number along with a clear statement that you want to opt out of this arbitration agreement, to us pursuant to Section 12 (Contact Us).
   6. Proceedings in Court. If for any reason, a claim proceeds in court rather than arbitration under this Section, the claim shall be resolved exclusively (except as provided in Section 9(g) (Exclusions)) in the appropriate state and federal courts located in West Valley City, Utah. Both parties hereby irrevocably and unconditionally consent to the venue and jurisdiction of such courts, and waive all defenses, including for lack of personal jurisdiction or inconvenience of the forum, with respect to such courts for the adjudication of such claims.
   7. Exclusions. Notwithstanding anything else in this Section to the contrary, claims alleging efforts to interfere with the Website or engage with the Website in an unauthorized or illegal manner, may be brought in any court of competent jurisdiction. In addition, either you or we have the option to bring claims in court to seek temporary or preliminary injunctive relief without seeking damages, or posting any surety or bond, in any court of competent jurisdiction, including for any breach of Sections 3 (Access and Use Restrictions) or 4 (Intellectual Property).

10. Additional Provisions

    1. Jurisdiction. You agree that any dispute or claim (including personal injury claims) and any other matters arising out of or relating to the Website, and donation made through the Website, or the Agreement (in each case, including non-contractual disputes or claims), will be governed by and resolved in accordance with the laws of the [State of Utah] and applicable federal law, without giving effect to any choice or conflict of law provision or rule (whether of the [State of Utah] or any other jurisdiction). The Agreement also applies to anyone claiming on your behalf.
    2. Electronic Communications Notice. Sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or the Website, satisfy any legal requirement that such communication be in writing. In order to retain copies of any electronic communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, orders, treaties, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments, donations, or the granting of credits by any means other than electronic means.
    3. Relationship of the Parties. These Terms do not create a partnership, joint venture, employment, agency, or fiduciary relationship between you and us or any of the Metrodora Parties. Metrodora and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
    4. No Third-Party Beneficiaries. The Agreement is intended for your and our sole benefit and your and our respective successors and permitted assigns. Nothing in the Agreement, whether express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of the provisions in the Agreement.
    5. Assignment. You may not assign or transfer your rights or obligations under the Agreement without our prior written consent. Any purported assignment in violation of this Section shall be null and void. We may assign the Agreement, or transfer any rights or obligations under them, in our sole discretion and without restriction.
    6. Waiver and Severability. No waiver by Metrodora of any term or condition set out in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Metrodora to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Metrodora. If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed revised so as to effectuate the intent of the parties to the maximum extent possible and the remaining provisions of the Agreement will continue in full force and effect.
    7. Entire Agreement; Amendment. The Agreement and any other policies that relate to the Website, constitute the sole and entire agreement between you and Metrodora regarding the Website and your access to and use of it and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether express or implied and whether written and oral, regarding the Website and your access to and use of the same. We may amend the Agreement as provided in Section 11(a) (Changes to the Agreement). We will not be bound by any different or additional terms or conditions contained in any of your acknowledgment forms, or other standard documents, whether or not such documents are acknowledged or accepted by us.
    8. Interpretation. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms or the Agreement in general. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. As used in these Terms, the word “including” and any variation of that word shall mean “including without limitation;” and the word “or” shall not be exclusive.

11. Changes to These Terms and Website Availability

    1. Changes to the Agreement. We reserve the right, in our sole discretion, to suspend, discontinue, update, or otherwise change modify or replace the terms in the Agreement and the Website at any time. If a revision is material we will make reasonable efforts to provide at least thirty (30) days’ notice prior to any new terms taking effect, by posting notice of such change on the Website or by contacting you through any contact information that you have provided to us through the Website. What constitutes a material change and our means of communication with you about such change will be determined in our sole discretion. By continuing to access or use our Website after such changes become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, you must cease and are prohibited from accessing or using the Website. You can review the most current version of these Terms at any time on this page. It is your responsibility to check this page frequently for changes.
    2. Website Availability. Due to maintenance, security, or capacity issues, natural disasters, or other events, the Website may be temporarily suspended, slow, or otherwise adversely affected. We will not be liable to you for any such issue.

12. Contact Us

    If you have any questions about these Terms or the Agreement in general, you can contact us at [email protected].