Cauzl.com Terms and Conditions (“Agreement”)

This Agreement was last modified on March 30, 2016. The use the www.artofmetrics.com website and all its content, services, and products available at or through the website is governed by the following terms and conditions. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website. Please read the Agreement before accessing or using our website, since by using or accessing any part of the website, you agree to become bound by the terms and conditions of this agreement. You may not access Art of Metrics or use any services if you do not agree to all the terms and conditions of this agreement. The Website is available only to individuals who are at least 13 years old.

Your account on www.artofmetrics.com

If you create an account on www.artofmetrics.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account in a misleading or unlawful manner. You must immediately notify Art of Metrics (contact us here) of any unauthorized uses of your account or any other breaches of security. Art of Metrics will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you operate an account, comment on a thread, blog, post, or page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party websites or boost the search engine rankings of third party websites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Art of Metrics or otherwise. You agree not to, and will not assist, encourage, or enable others to use the website to: Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other users, or compensating someone or being compensated to write or remove a review; Threaten, stalk, harm, or harass others, or promote bigotry or discrimination; Promote a business or other commercial venture or event, or otherwise use the website for commercial purposes;

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

You also agree not to, and will not assist, encourage, or enable others to: Violate the Terms; Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the website or website Content (other than Your Content), except as expressly authorized by Art of Metrics; Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the website or any website Content; Reverse engineer any portion of the website; Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the website or on any materials printed or copied from the website; Record, process, or mine information about other users; Access, retrieve or index any portion of the website for purposes of constructing or populating a searchable database of reviews; Reformat or frame any portion of the website; Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Art of Metrics technology infrastructure or otherwise make excessive traffic demands of the website; Attempt to gain unauthorized access to the website, user accounts, computer systems or networks connected to the website through hacking, password mining or any other means; Use any device, software or routine that interferes with the proper working of the website, or otherwise attempt to interfere with the proper working of the website; Use the website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the website or website Content; or Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the website, features that prevent or restrict the use or copying of website Content, or features that enforce limitations on the use of the website.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

Without limiting any of those representations or warranties, Art of Metrics has the right (though not the obligation) to, in Art of Metrics’s sole discretion (i) refuse or remove any content that, in Art of Metrics’s reasonable opinion, violates any of Art of Metrics policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Art of Metrics’s sole discretion.

Responsibility of Website Visitors

Art of Metrics has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Art of Metrics does not represent or imply that it endorses the material there posted in the form of comments or posts in the forums, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Such comments or posts by other users may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Art of Metrics disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which www.artofmetrics.com links, and that link to www.artofmetrics.com. Art of Metrics does not have any control over those non-Art of Metrics websites and webpages, and is not responsible for their contents or their use. By linking to a non-Art of Metrics website or webpage, Art of Metrics does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Art of Metrics disclaims any responsibility for any harm resulting from your use of non-Art of Metrics websites and webpages.

Copyright Infringement and DMCA Policy

As Art of Metrics asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Art of Metrics violates your copyright, you are encouraged to notify Art of Metrics in accordance with Art of Metrics’s Digital Millennium Copyright Act (“DMCA”) Policy. Art of Metrics will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Art of Metrics will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Art of Metrics or others.

Intellectual Property

This Agreement does not transfer from Art of Metrics to you any of Art of Metrics or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Art of Metrics. Art of Metrics, LLC, Art of Metrics, the www.artofmetrics.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.artofmetrics.com, or the Website are trademarks or registered trademarks of Art of Metrics, LLC. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of Art of Metrics or third-party trademarks. The Site and its original content, features and functionality are owned by Art of Metrics and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Suggestions and Improvements

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

Changes

Art of Metrics reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Art of Metrics may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. Art of Metrics is also constantly trying to improve the content of the courses, lessons, quizzes, videos, and other content of the website, therefore, we reserve the right, at its sole discretion, to modify or replace any content.

Termination

Art of Metrics may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.artofmetrics.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Please review our Privacy Policy for information about what we do with your account when terminated.

Payments and Refunds

For payment, a valid credit card or pre-approved PayPal account is required. All payments are one time only. The price is based on the chosen pricing plan. We do not offer cancellation. You are not entitled to refund for any fee already paid. Cancellation of membership may cause the loss of content, features, or capacity of your account. Art of Metrics does not accept any liability for such loss.

Disclaimer of Warranties

The Website is provided “as is”, “with all faults” and “as available” basis. Your use of the website is at your own discretion and risk. Art of Metrics and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Art of Metrics nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Accordingly, Art of Metrics is not liable to you for any loss or damage that might arise, for example, from your reliance on the quality, accuracy, or reliability of the ratings or reviews.

Limitation of Liability

In no event will Art of Metrics, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Art of Metrics shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Art of Metrics disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.

Your sole and exclusive right and remedy in case of dissatisfaction with the website, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the website.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Art of Metrics Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Translation

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Art of Metrics, and any inconsistencies among the different versions will be resolved in favor of the English version.

Indemnification

You agree to indemnify and hold harmless Art of Metrics, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Art of Metrics and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Art of Metrics, or by the posting by Art of Metrics of a revised version.

Steps to complete a DMCA Notice

If you believe that content available by means of the Website (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by providing a written email to us (contact us here).

You must include the following:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf An identification of the copyright claimed to have been infringed; Description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Art of Metrics to find and positively identify that content Your name, address, telephone number and email address; and Statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.

Contact Us

If you have any questions about this Agreement, please contact us here.