MEERKATZ Web Site Terms and Conditions (“Terms”)
Please read the following Terms carefully before using Meerkatz’s (“COMPANY”, “our” or “we”) web site, www.Meerkatz.com, including but not limited to any Meerkatz mobile site, as well as any online features, services and/or programs offered by COMPANY (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of COMPANY. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
Terms related to your account that you have with COMPANY (“Account”) is set forth in Paragraph 3 herein.
- CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Web Site, COMPANY does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) COMPANY has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. Your use of the Web Site and the services offered therein are subject to federal law, the law of the state where COMPANY maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account (“Applicable Law”).
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
- SITE USE AND CONTENT. You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of COMPANY. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms.
- USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.
- DEFINITIONS. The following definitions govern the terms of this Paragraph 3 and as used elsewhere in these Terms:
- Business Day means every day except Saturdays and Sundays and federal holidays.
- ACCOUNT ACCESS. For certain types of features available through the Web Site, including the Account access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or UserID without permission.
- USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify COMPANY of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by email at email@example.com, or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption
- RELIANCE BY COMPANY. You authorize COMPANY to rely on your UserID and password to identify you when you use the Online Service.
- SECURITY. COMPANY is committed to protecting the security and confidentiality of information about you and your Account and User Account. COMPANY may currently or in the future use, several different security methods to protect your Account and User Account information, including:
- You can only access the Online Service with certain browsers that have high security standards
- If the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity.
- The Online Service will automatically log off if prolonged periods of inactivity occur.
- Your session will terminate if you navigate away from the Online Service to another website.
- ELECTRONIC COMMUNICATION.
- Email and Online Message Center. When you sign-up as a member, you must designate a primary email address that will be used for receiving electronic communication. To the extent that COMPANY maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by COMPANY for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with COMPANY. COMPANY will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from COMPANY, do not respond to the email and notify COMPANY by forwarding the email to firstname.lastname@example.org.
- Usage of Electronic Communication. By your membership, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that COMPANY may respond to any communication you send to COMPANY with an electronic communication, regardless of whether your original communication with COMPANY was an electronic communication. Any electronic communication COMPANY sends to you will be considered received within one (1) calendar days of the date such communication is sent by computer servers utilized by COMPANY to the email address you designate in your account profile or posted to COMPANY’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to COMPANY will not be effective until COMPANY has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with COMPANY immediately and, in no event, should your sole method of communication with COMPANY regarding any emergency be by electronic communication. COMPANY strongly suggests that you report all matters requiring immediate attention to COMPANY by emailing email@example.com. COMPANY may require you to provide written confirmation of any verbal or electronic notice of alleged error by COMPANY.
- to persons authorized by law in the course of their official duties;
- to comply with a government agency or court order, such as a lawful subpoena;
- to COMPANY employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
- if you give COMPANY written permission (including by email).
- ACCURATE INFORMATION. In creating and using your User Account on the Web Site, you agree to:
- provide true, accurate, current and complete information about yourself on any registration form required on the Web Site (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or COMPANY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COMPANY has the right to suspend or terminate your Account and refuse any and all current or future use of your Account.
- TERMINATION OF ACCOUNT. COMPANY reserves the right to terminate your use of the COMPANY website and service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Service by writing to COMPANY at the address provided at the end of these Terms. Any termination of your use of the Service, whether initiated by you or by COMPANY, will not affect any of your or COMPANY’s rights and obligations under these Terms that have arisen before the effective date of such termination.
- RELATED AGREEMENTS. Your Account linked to the Service will also be governed by the agreements, disclosures, COMPANY’s service tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.
- DEFINITIONS. The following definitions govern the terms of this Paragraph 3 and as used elsewhere in these Terms:
- NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES THE WEB SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
- INDEMNIFICATION. You agree to defend, indemnify and hold COMPANY and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by COMPANY, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
- NOT ADVICE. COMPANY DOES NOT INTEND TO PROVIDE ANY ADVICE OR INFORMATION RELATING TO ITSELF OR ANY MEMBER OR GROUP (MOB) IDENTIFIED ON THE WEB SITE. Nevertheless, the Web Site may, from time to time, contain information on current or prospective members or groups (Mobs). COMPANY cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Web Site. Accordingly, there can be no assurance that such indicated results will be realized.
- LIMITATION OF LIABILITY. COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN PARAGRAPH 3(L) ABOVE, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- THIRD PARTY CONTENT.
- COMPANY may provide hyperlinks to other web sites maintained by third parties, or COMPANY may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
- If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with COMPANY. In most cases, COMPANY is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site: (i) may link to, but not replicate, COMPANY’s Content; (ii) may not create a browser, border environment or frame COMPANY’s Content; (iii) may not imply that COMPANY is endorsing it or its products; (iv) may not misrepresent its relationship with COMPANY; (v) may not present false or misleading information about COMPANY’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
- COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site are COMPANY’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. COMPANY is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of COMPANY that may be referred to on the Web Site are the property of COMPANY. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of COMPANY’s trademarks or service marks without COMPANY’s prior written permission. COMPANY aggressively enforces its intellectual property rights. Neither the name of COMPANY nor any of COMPANY other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without COMPANY’s prior written permission, except that a third party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 7(b) above may use the name “COMPANY” in or as part of that URL link. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact COMPANY at the address, email address or telephone number set forth at the bottom of these Terms.
- LOCAL LAWS. COMPANY makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. COMPANY is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where COMPANY maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account. The Web Site and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over COMPANY, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where COMPANY maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
- AVAILABILITY. Information that COMPANY publishes in the Web Site may contain references or cross-references to products, programs or services of COMPANY that are not necessarily announced or available in your area. Such references do not mean that COMPANY will announce any of those products, programs or services in your area at any time in the future. You should contact COMPANY for information regarding the products, programs and services that may be available to you, if any.
- NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by COMPANY unless acknowledge by COMPANY in writing. COMPANY has no obligation to provide you with written acknowledgment. COMPANY may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
- TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Web Site at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Site, to COMPANY, to the business of the Web Site’s Internet service provider, or to other information providers.
- Governing Laws. You consent that any dispute with respect to your use of the Web Site shall be governed and interpreted in accordance under the laws of the State of California.
Your Consent To This Agreement
By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site and/or the Online Service. Your use of the Web Site and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email firstname.lastname@example.org or by sending your comments to:
2424 SE Bristol St.
Newport Beach, CA 92660
Effective as of: Jan 1, 2016
Last Updated: Jan 1, 2016