Metacierge

Terms of Service

Updated on October 29, 2020

Acceptance of Terms of Service

These Terms of Service constitute a legally binding agreement between you and Metacierge LLC, a limited liability company registered in the State of California dba Metacierge, governing your access and use of http://www.metacierge.com (the “Platform”) and all services hosted on the Platform (collectively called as the “Services”).

These Terms of Service form the legally binding basis upon which you may use the Services offered on the Platform and describes the legal rights and obligations of both Metacierge and users & visitors to http://www.metacierge.com, including you. It is, therefore important for you to carefully read these Terms of Service in their entirety.

By clicking the “I Agree to the Terms of Service” button (i) or accessing or using any part of the Platform, or (ii) using any of the Services offered on the Platform (iii) or by downloading any content from the Platform, you acknowledge that you have read these Terms of Service and irrevocably agree to be bound by these Terms of Service and Metacierge’s Privacy policy. If you do not agree to these Terms of Service, (including as may be amended from time to time), then you may not use the Services offered on this Platform.

In case you accept or agree to these Terms of Service on behalf of yourself, a company or any other legal entity, you represent and warrant that you have the legal authority to bind yourself, that company, or that legal entity to these Terms of Service, and in such event “you” and “your” will refer and apply to you, that company, or that other legal entity.

You may not use the Services or accept the Terms of Services if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Metacierge. We do not knowingly collect or post information in respect of persons under the age of 18.

Internet technology, and the applicable laws, rules and regulations change frequently. Metacierge reserves the right, at its sole discretion, to change these Terms of Service at any point of time and without prior notice to you. You can visit this page at any time to review the current form of Metacierge’s Terms of Service.

Metacierge’s Services

Metacierge provides information on cloud and online business services of interest to freelancers, micro-businesses, professionals and startups, in the form of listings and short descriptions of the features of these services. This section of Metacierge is known as the "Marketplace". These cloud and online business services are owned by third-party vendors.

Metacierge does not host a payment gateway, and if you decide to make a purchase based on the information provided on the Platform and the Services, you will have to click on a "Buy Now" tab. By doing so, you will be redirected to the website of the vendor where you may buy the service you have chosen.

Metacierge’s Platform and Services may change in the future without any notice, including but not limited to, addition of new lines of Services, and suspension, deletion, and/or modification of existing lines of Services, and other changes to the Platform. These changes may happen at any point of time and at Metacierge’s sole and absolute discretion. New Services and new Platform features, and modifications or addition of new features to existing lines of Services will be subject to these Terms of Services.

T & C of Cloud and Online Business Services featured on Metacierge

The purchase and use of each cloud and online business service featured on the Platform is subject to the terms and conditions specified by the respective vendor on their respective websites, and may include exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. Some products or services may not be available in all US states or territories. Metacierge bears no responsibility whatsoever for the terms and conditions under which vendors of these cloud and online business services make them available to you.

Furthermore, Metacierge makes no representations, warranties, express or implied, regarding the quality, accuracy, reliability or condition of any content posted on the Platform around the description of the cloud and online business services featured on the Platform, regardless of who posted such content or when it was posted or for what purpose it was posted. Metacierge does not control the quality, safety, truth or accuracy of such content that is posted on the Platform and makes no representation thereof.

Registration of an Online Account

For now, all Services on the Platform are available to you without having to register with Metacierge by creating an online account; but this arrangement may change in the future. The Terms of Service will be applicable to you even if you access the Platform and the Services on the Platform without registering on the Platform.

However, you may choose to create an online account by registering on the Platform. To be eligible to create an online account, you must be at least 18 years of age and able to form a legally binding contract. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The term of registration will commence on the date of registration and will continue until either you or Metacierge terminates the online account.

You are solely responsible for the accuracy of any content submitted by you to the Platform. “Content” is defined as any and all text, data, information or digital images submitted, uploaded, or imported by or to the Platform, including, but not limited to, photographs, contact information, professional and educational background, blogs, comments, reviews, ratings, etc. Metacierge makes no effort to review the information you provide during the registration for any purpose, including but not limited to accuracy, legality or non-infringement.

Once account registration is complete, you will be asked to create a password. You are responsible for safeguarding your password and you shall not disclose your password to any third party. You will immediately notify Metacierge of any unauthorized use of your Metacierge online account to which you are, or should reasonably have been, aware.

You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions. Metacierge will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.

Metacierge cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalization settings or other service interruptions during your registration process and subsequently when you log into your Metacierge online account. Metacierge cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any of your registration data, communications or personalization settings.

Content Representations and Warranties

Metacierge is not responsible for the Content posted by you, including, but not limited to the registration information. You are solely responsible for any Content that you post. Metacierge shall not be liable for any damage or harm resulting from any Content posted by you on the Platform. Metacierge reserves the right, but has no obligation, to take any action to restrict or remove access to any Content, objectionable or otherwise, posted by you on the Platform.

By uploading, submitting and posting Content to the Platform, you further represent and warrant (1) that you have all right, title, license and authority to upload, submit and post the Content, including the right to publish and distribute by electronic and digital means, and (2) the Content does not (a) violate, infringe or misappropriate on the rights associated with any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, patents or other intellectual property rights of any third party, or (b) violate any statute, law, ordinance or regulation.

Metacierge has the right, but not the obligation, to review, edit, refuse to post, delete, disable access to, or otherwise make unavailable any Content, without notice in its sole and absolute discretion.

Ratings & Reviews

You may submit reviews and ratings of the cloud and online business services from third-party vendors you purchase after you click on the respective “Buy Now” tabs on the Platform.

Reviews shall be available to  other users on the Platform. Metacierge reserves the right, at its sole and absolute discretion, to remove any Content that violates these Terms of Service.

Content License Granted

You grant Metacierge a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and publicity rights (to process, host, copy, transmit, display, modify, adapt, distribute, reproduce, use and sublicense) you possess in the Content you submit, upload, or post on the Platform, including but not limited to, registration information, photographs, contact information, professional and educational background, text, data, digital images, blogs, comments, reviews, ratings, etc., in any media, whether now known, or hereafter to become known, for the purposes of operating, providing, administering, developing, and improving the Services herein in any media.

Metacierge may only use your registration information and anonymous aggregated data in accordance with its Privacy policy. You can find the Metacierge Privacy policy here.

Metacierge shall retain all right, title, and interest in the Platform and Services, and all legally protectable elements or derivative works therefrom. You shall retain all right, title and interest in and to the legally protectable elements of the Content submitted by you to the Platform.

No Agency or Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended to be created or in fact created by these Terms of Service between you and Metacierge. These Terms of Service is a binding agreement is between you and Metacierge and is not intended to be for the benefit of any third party.

If there is a dispute between you and other users on the Platform, or between you and any third party, you understand and agree that Metacierge shall not be under any obligation to become involved. In the event that one user has a dispute with one or more other users or third parties, both users hereby expressly and unconditionally release Metacierge, and all its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.

You shall also fully indemnify Metacierge, its officers, employers, agents, successors and the like fully for any claims made by a third party, including claims for costs and attorneys fees.

Platform & Services License

In using the Platform and the Services, Metacierge hereby grants you a limited, non-transferable, non-exclusive, non-sublicensable, revocable license to access and use the Platform and the Services. You may not, either directly or indirectly, sublicense, sell, lease, or otherwise transfer or grant third-party access to the Platform and the Services at any time.

This license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform and the Services as provided by Metacierge, in the manner permitted by these Terms of Service. You agree not to use the Platform and the Services for any other purpose. You are only entitled to access and use the Platform and Services for only lawful purposes.

You may not use the Platform and the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) the Platform and the Services; (ii) any other user’s enjoyment of the Platform and Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Platform and the Services.

You may keep, for your own personal or business-related records, electronic and physical copies of documents you have created through the Platform and the Services. Resale or unauthorized distribution of Metacierge’s Platform and Services, materials or documents is strictly prohibited.

Your access and use of the Platform and the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Platform and the Services or other actions that Metacierge, at its sole discretion, may elect to take. In no event will Metacierge be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Platform and the Services shall be for Metacierge to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Services.

User Feedback & Idea Submissions

Metacierge welcomes all feedback to improve the Platform and Services, but considers any feedback from its users to be helpful advice, freely given. In order to avoid any confusion, Metacierge would like to stress that it will not compensate you or any other user for any ideas, proposals or suggestions provided by its users to Metacierge in accordance with the following:

Metacierge considers any suggestions, ideas, proposals, user-feedback or other material submitted to it by users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary. Metacierge shall not be liable for the disclosure, use or exploitation of such Material.
You hereby grant and agree to grant Metacierge, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

Social Media Sites

Metacierge may provide experiences on social media platforms such as Facebook, Twitter, YouTube, Pinterest, Tumblr and Instagram that enable online sharing and collaboration among users who have registered to use them.

Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

Prohibited Conduct

In your use of the Platform and Services, you may not:

Distribute, license, sell, or transfer the Platform and the Services, any component of the Platform and the Services;
Reverse engineer, decompile, or attempt to derive the source code for underlying software or other intellectual property used to host the Platform and provide the Services;
Attempt to gain unauthorized access to the Platform and the Services, or to the computers, servers, and networks connected to the Platform and the Services
Post false, inaccurate, misleading, defamatory or harassing content on the Platform;
Post obscene or sexually explicit content on the Platform;
Violate any law, statute, ordinance or regulation;
Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third-party rights;
Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Platform and the Services or its users;
Modify, adapt or hack the Platform and the Services or modify another website so as to falsely imply that it is associated with Metacierge;
Distribute or post spam, unsolicited or bulk electronic communications to the Platform and the Services’ users;
Use any robot, spider, scraper or other automated means to access the Platform and the Services for any purpose whatsoever;
Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Platform and the Service’s infrastructure;
Interfere or attempt to interfere with the proper working of the Platform, its Services or tools; or
Bypass the Platform’s robot exclusion headers or other measures Metacierge may use to prevent or restrict access to Metacierge.

Termination of Your Online Account by Metacierge

The Platform and the Services available to you can be terminated at any time by either you or Metacierge at our sole and absolute discretion. You may terminate your account at any time.

Metacierge may temporarily suspend or terminate the Services on the Platform available to you, without prior notice or liability, if:

You breach these Terms of Service;
Metacierge is unable to verify or authenticate your account information;
Metacierge determines that you have engaged in improper or fraudulent activity in connection with the Platform and/or Services or that your actions may cause legal liability or financial loss to Metacierge;
Metacierge LLC believes you are infringing the rights of third parties;

The following Sections survive termination of the Services: Content License, Individual Arbitration, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.

Individual Arbitration

EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with Metacierge arising out of or relating to the Platform, the Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American  Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16.

OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.

The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at https://www.adr.org/

When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: team at metacierge dot com. Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: San Francisco, California.

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.

Notwithstanding the foregoing, Metacierge may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief relating to any unauthorized use or abuse of the Platform and the Services or intellectual property infringement without first engaging in arbitration.

In the event the Arbitration requirements of these Terms of Service are found to be unenforceable, then any resulting judicial proceedings will be brought in the federal or state courts in San Francisco, California. By your use of the Platform and the Services, you expressly consent to the venue and personal jurisdiction of those courts.

Metacierge's Intellectual Property Rights

The contents of the Platform and the Services, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws.

Copyright © 2020 Metacierge LLC dba Metacierge. All Rights Reserved

The contents of the Platform and the Services belong or are licensed to Metacierge or its content suppliers. Metacierge grants you the right to view and use the Platform and the Services subject to these terms. You may download or print a copy of content on the Platform and the Services for your personal, internal and non-commercial use only.

Any distribution, reprint or electronic reproduction of any content from the Platform and the Services in whole or in part for any other purpose is expressly prohibited without the prior written consent of Metacierge.

Unless otherwise stated herein, nothing in these Terms of Service or your use of the Platform and the Services give you a right or license to use any of Metacierge’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.

You also agree not to use, nor permit any third party to use, the Platform or the Services or content in a manner that violates any applicable law, regulation or these Terms of Service.

Disclaimers and Exclusions

YOUR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR OWN RISK. METACIERGE LLC DBA METACIERGE, THE PLATFORM, THE SERVICES AND ALL INFORMATION, CONTENT, DOCUMENTS MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS IS BASIS” AND “AS AVAILABLE BASIS.”

METACIERGE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICES, INFORMATION, CONTENT, DOCUMENTS MATERIALS, AND PRODUCTS WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, WILL MEET YOUR REQUIREMENTS, OR WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.

FOR ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, METACIERGE WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH INFORMATION, PLATFORM, SERVICES, INFORMATION, CONTENT, DOCUMENTS MATERIALS, AND PRODUCTS.

METACIERGE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM AND/OR ANY OF THE SERVICES. METACIERGE DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES, CONTENT AND INFORMATION ON THE PLATFORM. REGARDING THIRD PARTY SERVICES, GOODS, RESOURCES, CONTENT AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, METACIERGE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PLATFORM, SERVICES, INFORMATION, CONTENT, DOCUMENTS MATERIALS, AND PRODUCTS, EVEN IF METACIERGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF METACIERGE, NOR ANY OF ITS EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THE PLATFORM, SERVICES, INFORMATION, CONTENT, DOCUMENTS MATERIALS, AND PRODUCTS EXCEED $500.00 OR THE FEES PAID TO METACIERGE IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

Other Limitations of Liability

Metacierge LLC, shareholders, managers, affiliates, suppliers or their respective authorized representatives shall not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages.

If any court of competent jurisdiction strikes the above clause down for whatever reason, Metacierge LLC’s liability shall still be limited to the fullest extent permitted by law. You understand and agree that the download and upload of any material through the Platform and the Services is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material.

Metacierge neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the Platform and the Services. The limitations of liability provided in these Terms of Service inure to the benefit of Metacierge, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.

Release

If you have a dispute arising from, related to, or connected with your use of the Platform and the Services, or the information, content, documents materials or products made available through the Platform and Services, you hereby release Metacierge and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Metacierge and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties:

(i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you;

(ii) arising from your breach of any representations or warranties under these Terms of Service;

(iii) arising from, related to, or connected with your use or misuse of the Platform or the Services; and

(iv) any actual prospective or actual transaction between you and a third party using any document generated by the Platform and the Services provided herein.

Metacierge reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Severability

If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.

Modifications

Our employees, volunteers or agents are not authorized to vary these Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of Metacierge or posted on this Platform.

Assignment

You shall not assign any of the rights or obligations under these Terms of Service without the prior written consent of Metacierge . Metacierge may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms of Service without your consent.

Successors and Assigns

These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

Governing Law

These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles.

The parties consent to the exclusive jurisdiction of the State of California, and venue in the County of San Francisco with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.

No Waiver

The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.

Interpretation

Headings are for reference purposes only and do not limit the scope or extent of such section.

Force Majeure

Metacierge will not be liable or responsible for any delays in service, for failing to operate the Platform or provide the Services as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, power or telecommunications outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.

How to Contact Us

The Platform and the Services are controlled and operated by Metacierge located at:

Metacierge LLC dba Metacierge, 350 Rhode Island Street, Suite 240, San Francisco, CA 94103, USA.

Please get in touch with us via the web form on our Contact Us page.

Complaints - California Residents

If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.

Entire Agreement

These Terms of Service comprise the entire agreement between you and Metacierge and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.

Terms of Service

Updated on October 29, 2020

Acceptance of Terms of Service

Metacierge’s Services

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T & C of Cloud and Online Business Services featured on Metacierge

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Registration of an Online Account

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Content Representations and Warranties

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Metacierge has the right, but not the obligation, to review, edit, refuse to post, delete, disable access to, or otherwise make unavailable any Content, without notice in its sole and absolute discretion.

Ratings & Reviews

You may submit reviews and ratings of the cloud and online business services from third-party vendors you purchase after you click on the respective “Buy Now” tabs on the Platform.

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Reviews shall be available to other users on the Platform. Metacierge reserves the right, at its sole and absolute discretion, to remove any Content that violates these Terms of Service.

Content License Granted

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Metacierge shall retain all right, title, and interest in the Platform and Services, and all legally protectable elements or derivative works therefrom. You shall retain all right, title and interest in and to the legally protectable elements of the Content submitted by you to the Platform.

No Agency or Relationship

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You shall also fully indemnify Metacierge, its officers, employers, agents, successors and the like fully for any claims made by a third party, including claims for costs and attorneys fees.

Platform & Services License

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You may keep, for your own personal or business-related records, electronic and physical copies of documents you have created through the Platform and the Services. Resale or unauthorized distribution of Metacierge’s Platform and Services, materials or documents is strictly prohibited.

Your sole and exclusive remedy for any failure or non-performance of the Platform and the Services shall be for Metacierge to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Services.

User Feedback & Idea Submissions

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You hereby grant and agree to grant Metacierge, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

Social Media Sites

Metacierge may provide experiences on social media platforms such as Facebook, Twitter, YouTube, Pinterest, Tumblr and Instagram that enable online sharing and collaboration among users who have registered to use them.

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Prohibited Conduct

In your use of the Platform and Services, you may not:

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Distribute, license, sell, or transfer the Platform and the Services, any component of the Platform and the Services;

Reverse engineer, decompile, or attempt to derive the source code for underlying software or other intellectual property used to host the Platform and provide the Services;

Attempt to gain unauthorized access to the Platform and the Services, or to the computers, servers, and networks connected to the Platform and the Services

Post false, inaccurate, misleading, defamatory or harassing content on the Platform;

Post obscene or sexually explicit content on the Platform;

Violate any law, statute, ordinance or regulation;

Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third-party rights;

Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;

Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Platform and the Services or its users;

Modify, adapt or hack the Platform and the Services or modify another website so as to falsely imply that it is associated with Metacierge;

Distribute or post spam, unsolicited or bulk electronic communications to the Platform and the Services’ users;

Use any robot, spider, scraper or other automated means to access the Platform and the Services for any purpose whatsoever;

Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Platform and the Service’s infrastructure;

Interfere or attempt to interfere with the proper working of the Platform, its Services or tools; or

Bypass the Platform’s robot exclusion headers or other measures Metacierge may use to prevent or restrict access to Metacierge.

Termination of Your Online Account by Metacierge

The Platform and the Services available to you can be terminated at any time by either you or Metacierge at our sole and absolute discretion. You may terminate your account at any time.

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Metacierge may temporarily suspend or terminate the Services on the Platform available to you, without prior notice or liability, if:

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You breach these Terms of Service;

Metacierge is unable to verify or authenticate your account information;

Metacierge determines that you have engaged in improper or fraudulent activity in connection with the Platform and/or Services or that your actions may cause legal liability or financial loss to Metacierge;

Metacierge LLC believes you are infringing the rights of third parties;

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The following Sections survive termination of the Services: Content License, Individual Arbitration, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.

Individual Arbitration

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Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16.

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OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.

The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at https://www.adr.org/

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Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.

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Notwithstanding the foregoing, Metacierge may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief relating to any unauthorized use or abuse of the Platform and the Services or intellectual property infringement without first engaging in arbitration.

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Metacierge's Intellectual Property Rights

Copyright © 2020 Metacierge LLC dba Metacierge. All Rights Reserved

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Any distribution, reprint or electronic reproduction of any content from the Platform and the Services in whole or in part for any other purpose is expressly prohibited without the prior written consent of Metacierge.

Unless otherwise stated herein, nothing in these Terms of Service or your use of the Platform and the Services give you a right or license to use any of Metacierge’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.

Reviews shall be available to  other users on the Platform. Metacierge reserves the right, at its sole and absolute discretion, to remove any Content that violates these Terms of Service.