BY ACCESSING OR USING THE MEQTOR SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT AND ACKNOWLEDGE THAT YOUR INFORMATION WILL BE USED AS DESCRIBED IN THE PRIVACY NOTICE, WHICH DESCRIBES THE PRIVACY PRACTICES FOR THE MEQTOR SERVICES YOU INTERACT WITH (INCLUDING HOW WE PROVIDE INFORMATION TO OTHERS) IN DETAIL AND IS INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR HAVE NOT READ THE PRIVACY NOTICE, DO NOT ACCESS OR USE THE MEQTOR SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 23, AND ANY LEGAL ACTION MUST TAKE PLACE ON AN INDIVIDUAL BASIS IN BINDING ARBITRATION RATHER THAN AS A CLASS ACTION LAWSUIT, WITHOUT A JURY, AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. Read more in Section 23. Dispute Resolution (Informal Dispute Procedure, Arbitration Clause and Class Action Waiver).
In the Highlights section, we provide an overview of the terms and conditions that apply to your access to, interaction with, or use of any U.S. website, mobile or other digital apps, digital subscription, membership product, or other digital service operated by Meqtor, Inc. (which may include personalized content, features, and ads) (each a “Meqtor Service”).
Please review the full Terms of Use below for a detailed explanation of terms and conditions. Any reference to the Terms of Use, including its sections, in the Highlights section is intended to refer to the full Terms of Use below. Additional terms, including event-specific terms, may apply to Your use of specific services or participation in specific events.
Highlights
Application and Acceptance of the Terms of Use
Each time you access or use the Meqtor Services, you agree to be bound by the Terms of Use along with our Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Meqtor Services that are owned or operated by Meqtor, Inc. and any affiliates (collectively, “Meqtor”, “we”, “us”, “our” or “Meqtor”).
You acknowledge that we will use information we obtain about you in connection with your access to and use of the Meqtor Services in accordance with our Privacy Notice.
If you purchase a digital subscription, membership and/or other subscription products, additional terms apply, including regarding the automatic renewal and continuous service of your subscription (“Continuous Service Program”) apply.
Your Responsibilities
You are responsible for maintaining the accuracy of any information you submit to us in relation to your access to and use of the Meqtor Services.
You are solely responsible for any user content you provide to us.
You are responsible for your conduct in relation to the Meqtor Services, and your access to or use of the Meqtor Services and Content (as such term is defined in the full Terms of Use) is subject to the rules described in the section entitled “Your Conduct and Responsible Use of the Meqtor Services” of the Terms of Use below.
Intellectual and Other Proprietary Rights
Your access and use of the Meqtor Services and Content is for personal and noncommercial purposes only.
As between Meqtor and you, Meqtor owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Meqtor Services and Content except, if applicable, with respect to your User Content.
You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Meqtor Services (including any code used in any software) or Content, whether or not for profit.
If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Meqtor Services. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion.
Release, Indemnity, Disclaimers and Limitation of Liability
You agree to indemnify and hold Meqtor (and its affiliates and its and their officers, directors, employees, contractors, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Meqtor Services or Content, (b) your User Content, (c) your violation of the Terms of Use; or (d) your violation of applicable laws or regulations.
Meqtor disclaims any warranties and provides the Meqtor Services “as is”.
Our liability is limited as described in the Limitation of Liability section in the Terms of Use below.
Third Parties
Meqtor is not responsible for any links to third-party websites, apps or other services, including social media platforms.
We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Meqtor Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.
Termination
Meqtor may, in its sole discretion, terminate your password, account (or any part thereof), access to or use of the Meqtor Services, or remove and discard any User Content (as such term is defined in the Terms of Use below) or information stored, sent, or received via the Meqtor Services without prior notice and for any reason or no reason.
Changes to the Terms of Use
We may revise the Terms of Use prospectively by posting an updated version on the Meqtor Services.
Your continued use of the Meqtor Services will be deemed as irrevocable acceptance of any revisions.
Governing Law and Severability
The Terms of Use, your use of the Meqtor Services that are owned or operated by Meqtor (as defined above) and your relationship with Meqtor, shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
With the exception of any additional terms that may apply to Your use of specific services or participation in specific events (event-specific terms), these Terms of Use (including the Privacy Notice) constitute the entire agreement between you and us regarding the use of the Meqtor Services that are owned or operated by Meqtor and your relationship with Meqtor.
If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Copyright Policy
If you believe your copyright has been infringed, you may provide us with notice in accordance with the process described in the corresponding section of the Terms of Use below.
Terms of Use
1. Application and Acceptance of this Agreement
These Terms of Use along with our Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Meqtor Services that are owned or operated by Meqtor, Inc. and any affiliates (“Meqtor”, “we”, “us”, “our” or “Meqtor”), are a contract in electronic form between you (“you,” “your,” and “yourself”) and Meqtor (the “Agreement”). This Agreement sets forth the legally binding terms governing your access to, interaction with, or use of any U.S. website, mobile or other digital apps, digital subscription, membership product, or other digital service operated by Meqtor (which may include personalized content, features, and ads) (each a “Meqtor Service”). This Agreement applies to Meqtor and its affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products or services on the Meqtor Services or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Meqtor Services or any Content (as defined below).
The Meqtor Services and Content are for general information, discussion and entertainment purposes only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Meqtor Services. We make no representations or guarantees about any aspect of the Meqtor Services and Content and do not endorse any opinions expressed by any users. THE MEQTOR SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE MEQTOR SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE MEQTOR SERVICES OR ANY CONTENT.
2. Privacy Notice
In connection with your access to or use of the Meqtor Services, we may obtain information from or about you. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. As described in the Privacy Notice, Meqtor may share information, including information about you, with its affiliates.
The Privacy Notice is incorporated into this Agreement and forms part of the Agreement.
3. Accuracy of Your Information & Communication Methods
The information you submit to us through the Meqtor Services, including as part of your account creation, registration or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Meqtor Services.
We may send you information relating to your use of the Meqtor Services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
4. Age Eligibility and Legal Capacity
The Meqtor Services are not intended for access or use by children, especially those under the age of 18. If you are under the age of 18, you may not access or use the Meqtor Services or provide information to us.
By accessing or using the Meqtor Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement.
5. Username, Password and Other Credentials
You are responsible for maintaining the confidentiality of your username, password and other credentials (your “Credentials”) that you may be asked to create to access the Meqtor Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Meqtor of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.
6. Intellectual and Other Proprietary Rights
Your access and use of the Meqtor Services and Content is for personal and noncommercial purposes only. The rights granted to you in this Agreement are subject to the following restrictions:
The Meqtor Services include Content that is derived in whole or in part from content or materials supplied and owned by Meqtor, Meqtor’s licensors or third parties. As between Meqtor and you, Meqtor owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Meqtor Services and Content except, if applicable, with respect to your User Content (as defined below).
You acknowledge Meqtor’s valid intellectual and proprietary property rights in the Meqtor Services and Content and that your use of the Meqtor Services is limited to accessing, viewing and downloading of the Meqtor Services and Content, as authorized by Meqtor. Nothing in this Agreement shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to the Meqtor Services or Content, or to any portion thereof, except for the limited rights expressly granted herein.
You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Meqtor Services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Meqtor Services or Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Meqtor Services (including any code used in any software) or Content.
You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Meqtor Services or Content unless expressly permitted by Meqtor in writing. You may not incorporate the Meqtor Services or Content into, or stream or retransmit the Meqtor Services or Content via, any hardware or software application or make the Meqtor Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Meqtor Services or Content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Meqtor Services, Content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Meqtor Services or its servers and infrastructures.
You may not use, incorporate, copy, data mine, scrape or in any way extract any Content or data available through any Meqtor Service for the purpose of developing, training, fine tuning, or grounding (including through retrieval-augmented generation (“RAG”)) any artificial intelligence or other algorithm, system, model or tool or any large language or machine learning model or any similar technology or use.
You may not create apps, extensions, or other products or services that use any Content or data available through any Meqtor Service (including without limitation in connection with AI) without our express written permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as, or generate (whether through AI or otherwise) a substitute for a subscription to a Service.
You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Meqtor Services (including any code used in any software) or Content, whether or not for profit.
To the extent we make the Meqtor Services or Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.
You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Meqtor Services or Content without: (i) displaying visibly both Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
Any future release, update, or other addition to functionality of the Meqtor Services or Content shall be subject to this Agreement. All copyright and other proprietary notices on any Meqtor Services content or materials must be retained on all copies thereof. Modification or use of the Meqtor Services (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.
If you provide Meqtor any feedback or suggestions for improving or regarding your use of the Meqtor Services (“Feedback”), you hereby assign to Meqtor all rights in the Feedback and agree that Meqtor shall have the right to use such Feedback and related information in any manner it deems appropriate. Meqtor will treat any Feedback you provide to Meqtor as non-confidential and non-proprietary. You agree that you will not submit to Meqtor any information or ideas that you consider to be confidential or proprietary.
7. User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Meqtor Services (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Meqtor. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Meqtor be liable for any inaccuracy or defect in any User Content.
You hereby grant, and you represent and warrant that you have the right to grant, to Meqtor an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of the Meqtor Services are solely between you and such user. You agree that Meqtor will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Meqtor Services, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and Meqtor has no obligation to monitor or delete any such User Content. Meqtor may remove or modify any User Content without notice or liability at any time in Meqtor’s sole discretion.
8. User Submissions
Unsolicited Submissions
You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other user generated submission, and may use your name and any stories you provide us in articles or other features published on the Meqtor Services or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Meqtor can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Meqtor Services or our publications, advertising or sponsored content.
Invited Submissions
From time to time, the Meqtor Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to through the Meqtor Services.
Unless otherwise expressly stated in writing by Meqtor, you acknowledge and agree that any information/User Content, Unsolicited Submissions and Invited Submission you provide does not and will not grant you any right, title or interest in the Meqtor Services. All information/User Content, Unsolicited Submissions and Invited Submissions will be the sole and exclusive property of Meqtor, and Meqtor may use such information/User Content, Unsolicited Submissions and Invited Submission in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Meqtor any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to the information/User Content, Unsolicited Submissions and Invited Submissions.
9. Enforcement
If we become aware of a user’s violation of this Agreement, including the rights of any third party, we may take certain remedial steps, including refusing access to the Meqtor Services to any person or entity and change eligibility requirements at any time.
If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Meqtor Services. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Meqtor Services (including any user account, registration or membership), legal action and/or reporting you to law enforcement authorities. If Meqtor elects to modify User Content, Meqtor nonetheless assumes no responsibility for the User Content.
Meqtor reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any User Content (including unsolicited or invited submissions), postings or emails you make on or send through the Meqtor Services. Meqtor may seek to gather information from the user who is suspected of violating this Agreement and from any other user. Meqtor may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Meqtor believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Meqtor may cooperate with law enforcement authorities or court order requesting or directing Meqtor to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS MEQTOR (and its affiliates and its and their officers, directors, employees, contractors, and agents) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MEQTOR (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MEQTOR OR LAW ENFORCEMENT AUTHORITIES.
10. Your Conduct and Responsible Use of the Meqtor Services
Please act responsibly when using the Meqtor Services. The following rules are a condition of your access to or use of the Meqtor Services and Content:
No Criminal or Unlawful Conduct. You may only use the Meqtor Services and Content (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
Your Materials Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate User Content or other material or information of any kind, including, without limitation, any information that would be invasive of another person’s privacy (including any personal information for which you do not have consent), any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing or transmitting unlawful User Content, material or information could expose you to criminal and/or civil liability.
Content Posted by You Must be Yours. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of User Content, material or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. You agree that if a third party claims that User Content, material or information you have posted on or contributed to the Meqtor Services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content, material or information publicly posted or privately transmitted on or through the Meqtor Services are the sole responsibility of the sender, not Meqtor, and that you are responsible for all User Content, material or information you upload, publicly post or otherwise transmit to or through the Meqtor Services. If we become aware that any of our users has infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to our Meqtor Services. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value.
No Collection of Personal Information from Others. You may not, through manual or automated means, collect, harvest, gather, assemble or store personal information about other users of the Meqtor Services (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, commercial electronic messages, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so called mailbombs (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Meqtor Services by any other user or third party, including placing malware on the Meqtor Services or by installing any computer programs on another person’s device.
No Bullying, Impersonation or Interference. You may not use the Meqtor Services to threaten, abuse, harass, or invade the privacy of any other user or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with Meqtor or with any other person or entity. You may not restrict, inhibit or interfere with any other user or third party from using or enjoying the Meqtor Services.
No System Abuse. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Meqtor Services, any other online services, or to obtain unauthorized access to the Meqtor Services or Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Meqtor Services.
No Violations of Security Systems. You are prohibited from using the Meqtor Services to compromise the security or tamper with, or gain unauthorized access to, the Meqtor Services, Content, online accounts or any other computer systems, resources or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, Meqtor reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Meqtor Services or seeking other legal or equitable remedies, once we become aware of any violation of this Agreement.
11. Availability of and Modification to the Meqtor Services and Content
We do not guarantee that the Meqtor Services or any Content will be made available through the Meqtor Services. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Meqtor Services, Content or any part, feature or service of the Meqtor Services at any time with or without notice to you. You agree that Meqtor will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Meqtor Services, Content or any part thereof.
12. Purchases
a) We may make certain products, features and services available for purchase or download (“Purchases”) on or through the Meqtor Services. You must be 18 years or older to make a Purchase (including of any Subscription Product). You agree to pay any applicable fees for any Purchases you make, including, without limitation, any applicable sales, uses or similar taxes or charges. Certain products, fee-based services or features that you purchase, access or download via the Meqtor Services (including, without limitation, sweepstakes and special events) may be subject to additional terms and conditions presented to you at the time of purchase, access or download. For details about your purchases of a digital subscription or Membership Product, including payment methods and billing cycles, login to your user account for the relevant subscription or Membership Product if you have created one.
b) We reserve the right to modify the content, type, length, term, frequency, and availability of any digital subscription or Membership Product at any time.
c) We reserve the right to change the timing of our billing, including in the event your payment method has not successfully settled. If your payment method is declined for a recurring payment of your subscription fee, you must provide us a new payment method promptly or your subscription will be canceled.
d) Auto-renewing Subscription/Recurring Billing. All digital membership and/or subscription products (“Membership Products”), whether ordered online or offline, automatically renew until you cancel. By placing an order for a Membership Product, you authorize us to charge you the subscription fee in effect at the beginning of each billing period to your payment method on file (or bill you if one is not on file) on a recurring basis until you cancel. For example, you authorize us to charge your payment method the promotional rate disclosed on the subscription screen in the initial billing period (if applicable) and the regular subscription rate in subsequent billing periods. You acknowledge that the amount charged each billing period may vary for reasons that may include price changes or changing your subscription, and you authorize us to charge your payment method for such varying amounts each billing period.
You may opt out of the automatic renewal by contacting customer service for the relevant Meqtor Service or visiting your subscription account page.
You may cancel your Membership Product at any time by using a method provided in your subscription confirmation or logging into your user account for the relevant subscription or Membership Product if you have created one. When you cancel a Membership Product, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. Pro-rated refunds are not provided for Membership Products.
You may review the confirmation that you received when you placed your order, or your renewal notice, for more details about the automatic renewal/continuous services terms that apply to your purchase.
e) Price Changes. We reserve the right to change subscription fees for Membership Products at any time. We will notify you of any changes if the regular fee for your subscription changes from what was stated at the time of your initial order. You will have an opportunity to cancel your subscription. If you do not cancel your subscription, you will be charged the new subscription fee at your next billing period.
f) Refunds. Except as may otherwise be provided for in these Terms of Use, we reserve the right to issue refunds or credits for Membership Products at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
13. Release
If you have a dispute with one or more users of the Meqtor Services (including merchants), you release Meqtor (and its affiliates and its and their officers, directors, employees, contractors and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”
14. Indemnity
You agree to indemnify and hold Meqtor (and its affiliates and its and their officers, directors, employees, contractors, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Meqtor Services or Content, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Meqtor reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Meqtor. Meqtor will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. Disclaimers
THE MEQTOR SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE MEQTOR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. MEQTOR ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, USE, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. MEQTOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE MEQTOR SERVICES OR ANY ONLINE SERVICES LINKED TO THE MEQTOR SERVICES ACCESSIBLE FROM THE MEQTOR SERVICES (WHETHER VIA LINK OR OTHERWISE) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL MEQTOR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE MEQTOR SERVICES, ANY CONTENT POSTED ON OR THROUGH THE MEQTOR SERVICES, OR CONDUCT OF ANY USERS OF THE MEQTOR SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE MEQTOR SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR MEQTOR SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH MEQTOR OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. MEQTOR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MEQTOR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
16. Limitation of Liability
IN NO EVENT SHALL WE (AND OUR AFFILIATES AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS ) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE MEQTOR SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID MEQTOR IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
17. Third Party Services and Ads
The Meqtor Services might contain links to third-party websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of Meqtor and Meqtor is not responsible for any Third-Party Services and Ads. Meqtor provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.
18. Third Party Affiliate Marketing
We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Meqtor Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.
19. Local Regulations
Meqtor makes no representation that the Meqtor Services or Content are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Meqtor Services or Content from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
20. Termination
Meqtor may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Meqtor Services, or remove and discard any User Content or information stored, sent, or received via the Meqtor Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Meqtor Services, (ii) any unauthorized access or use of the Meqtor Services, (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Meqtor Services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Meqtor Services shall not affect any right or relief to which Meqtor may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Meqtor and its licensors and all rights granted by you to Meqtor shall survive in perpetuity.
Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Meqtor Services, the following provisions of this Agreement will survive: Sections 2 – 29.
21. Entire Agreement
This Agreement (including the Privacy Notice) constitutes the entire agreement between you and us regarding the use of the Meqtor Services and your relationship with Meqtor. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
22. Changes to this Agreement
We may revise, prospectively, this Agreement by posting an updated version on the Meqtor Services. You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Meqtor Services. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Meqtor Services will be deemed as irrevocable acceptance of any revisions.
23. Dispute Resolution (Informal Dispute Procedure, Arbitration Clause and Class Action Waiver)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND/OR HAVE A TRIAL IN FRONT OF A JURY. See Sections 23.4 & 23.5 below.
For purposes of Sections 23-24, “Meqtor,” “we,” and “our” shall include Meqtor, Inc., and each of its and their brands, websites, and mobile applications, and its and their past, present, and future subsidiaries, parents, affiliates, agents, employees, officers, directors, predecessors in interest, successors, representatives, and assigns.
The term “Dispute” used in Sections 23-24 is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Meqtor, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), privacy, or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and Meqtor that arise from or in any way relate to or concern any content, products or services provided by Meqtor including but not limited to the Meqtor Services (as defined above), this Section 23, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), and any disputes relating to telephonic, text message, or any other communications either of us received from the other.
You understand that Meqtor provides much of its content and the Meqtor Services without any fee. Most customer service issues or disputes (including with respect to delivery, receipt and cancellation of subscriptions, and email newsletters) can be resolved by contacting support@meqtor.com or the customer service contact listed on the website of the specific Meqtor Service you have accessed. So that Meqtor can maintain the ability to offer you and other users these Services, if your dispute cannot be resolved by our customer service team, you and we agree to the following mechanisms for resolving any Dispute between us:
23.1 Mandatory Informal Dispute Resolution.
You and Meqtor agree that good-faith, informal efforts to resolve Disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, if either you or Meqtor wants to bring a claim or resolve a Dispute, you or Meqtor must follow the mandatory informal dispute resolution process as a precondition to the ability to commence an arbitration, file a lawsuit, or institute any other proceeding:
i. Notice. You or Meqtor must first send by email or mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Meqtor Service to which the Notice relates, and the relief requested, including damages, if any, and a detailed calculation for them. Your Notice also must contain your email address and (if different) the email address associated with your Meqtor account. Our Notice may also be sent to the email address associated with your Meqtor account (if any), and you consent to receive any such Notice as part of these dispute resolution terms. You and we must include in any Notice to each other a personally signed statement (from you or us—not from your or our counsel) verifying the accuracy of the contents of the Notice, and if you are represented by counsel, your signed statement authorizing Meqtor to disclose your Meqtor account details to your attorney while seeking to resolve your claim. We each must individualize our Notice, meaning it can concern only our Dispute and no other person’s Dispute.
You must send your Notice to Meqtor by email to legal@meqtor.com or by mail to: Meqtor, Inc., Attn: Legal Department, 123 Automotive Lane, Detroit, MI 48226. In the case of a Dispute initiated by you or us, it is the sender’s responsibility to prove that the sender provided the notice in the manner that is required in this paragraph.
ii. Good Faith Effort to Informally Resolve Dispute. After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and Meqtor agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference and both parties will personally attend (with counsel, if represented). You and Meqtor agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If you and Meqtor do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or Meqtor may commence a proceeding as noted below.
iii. Compliance with this Section 23.1 is a condition precedent to initiating any legal action, including the mandatory arbitration set forth in Section 23.2 below. If the Dispute is not resolved within the 60 days (or a longer time if agreed to by the parties), then either party may proceed in accordance with the below.
23.2 Arbitration Agreement.
Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, in the event that the informal dispute resolution process set forth in Section 23.1 is not successful, any and all Disputes between you and Meqtor arising under or related in any way to this Agreement or the Meqtor Services, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly.
AS SET FORTH IN SECTION 23.4 AND 23.5 BELOW, YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND MEQTOR ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND MEQTOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION PROVIDED FOR HEREIN WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, PARTICIPATION IN A “MASS ARBITRATION”, AND CLASS ACTIONS ARE NOT PERMITTED.
Any arbitration will be governed by the Consumer Arbitration Rules (the “Consumer Rules”) of the American Arbitration Association (“AAA”), as modified by this section. For all Disputes, You agree that:
You will personally appear at any preliminary conference or hearing in any arbitration filed by You or on Your behalf (even if represented by counsel). A representative of Meqtor will also personally appear at any preliminary conference or hearing in any arbitration filed by You or on Your behalf.
If requested by Meqtor, You will personally appear at any subsequent conferences or hearings at which Meqtor requests your appearance. If requested by You, a representative of Meqtor will also personally appear at any subsequent conferences or hearings at which You request Meqtor’s appearance.
Subject to Arbitrator approval, if requested by Meqtor, You will sit for a deposition prior to any final hearing and participate in discovery. Subject to Arbitrator approval, if requested by You, a representative of Meqtor will sit for a deposition prior to any final hearing and Meqtor will participate in discovery.
Subject to Arbitrator approval, failure to make any such personal appearances or to participate in discovery may be grounds for dismissal of your or Meqtor’s arbitration, and waiver of any claims arising out of the subject matter of the arbitration.
In the arbitration, the arbitrator shall apply California law and the Federal Rules of Evidence; You, Meqtor, and/or any counsel must comply with Federal Rule of Civil Procedure 11(b) (“Rule 11”); and the arbitrator may impose any sanctions available under the AAA Consumer Rules, Rule 11, and/or other applicable law against the parties and/or their counsel.
In the arbitration, the arbitrator shall enforce statutes of limitations and other time-based defenses (including the Time Limitation in this Agreement), offers of judgment/compromise, and fee-shifting rules in the same way as a court would.
You further agree that any arbitrations will take place in Los Angeles, CA, or Detroit, MI, or such other location as may be required by the AAA Consumer Rules and is mutually convenient to the parties consistent with AAA rules. Regardless of the location of any hearings or whether in-person or virtual, the seat of any arbitration shall be deemed to be Los Angeles, CA. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction.
In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Los Angeles County, California and be subject to section 24 below (“Governing Law, Jurisdiction & Venue”), as well as Section 23.4 (“No Class Action”) and 23.5 (“No Jury Trial”).
Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Los Angeles County, California and not in arbitration.
23.3 Time Limitation.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND MEQTOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE MEQTOR SERVICES OR YOUR RELATIONSHIP WITH MEQTOR MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23.4 No Class Action.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND MEQTOR ARE EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, PRIVACY, OR ANY OTHER THEORY OR BASIS), WHETHER IN COURT OR IN ARBITRATION. YOU AND MEQTOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE PROCEEDING.
23.5 No Jury Trial.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND MEQTOR ARE EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVING, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS YOU AND MEQTOR MAY HAVE (INCLUDING, BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY A JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING, BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OF THE MEQTOR SERVICES, OR THE RELATIONSHIP BETWEEN THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, PRIVACY, OR ANY OTHER THEORY OR BASIS).
24. Governing Law, Jurisdiction & Venue
24.1 This Agreement and all claims or Disputes arising out of (i) this Agreement, (ii) the Meqtor Services, (iii) your relationship with Meqtor (including, without limitation, as a subscriber), and (iv) your use of the Meqtor Services, shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
24.2 To the extent any action or proceeding is brought by You against Meqtor or by Meqtor against You in court, You agree that it will be brought exclusively in the federal or state courts located in Los Angeles County, California, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
25. No Waiver
No failure or delay by Meqtor in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
26. Notice to California Users
Under California Civil Code Section 1789.3, California users of the Meqtor Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.
27. Copyright Infringement Claims Policy
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Meqtor Services have designated an agent to receive notices of claims of copyright infringement: Copyright Agent, 123 Automotive Lane, Detroit, MI 48226, fax: 313-555-1234; copyright@meqtor.com. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We have a policy of terminating access to our Meqtor Services of any user who repeatedly infringes the proprietary rights of any third party.
28. Apple App Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using an app from the Apple App Store (an “Apple App”). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 28, the more restrictive or conflicting terms and conditions in this Section 28 apply, but solely with respect to Apple Apps from the Apple App Store.
Acknowledgement: Meqtor and you acknowledge that this Agreement is concluded between Meqtor and you only, and not with Apple, and Meqtor, not Apple, is solely responsible for the Apple App and the content thereof. To the extent this Agreement provides for usage rules for Apple App that are less restrictive than the usage rules set forth for the Apple App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
Scope of License: The license granted to you for the Apple App is limited to a non-transferable license to use the Apple App on an iOS Product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
Maintenance and Support: Meqtor is solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in this Agreement (if any), or as required under applicable law. Meqtor and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
Warranty: Meqtor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Meqtor’s sole responsibility.
Product Claims: Meqtor and you acknowledge that Meqtor, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Meqtor’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: Meqtor and you acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringes that third party’s intellectual property rights, Meqtor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Meqtor’s contact information for any end-user questions, complaints or claims with respect to the Apple App is: Meqtor at 123 Automotive Lane, Detroit, MI 48226 or email support@meqtor.com
Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Apple App.
Third-Party Beneficiary: Meqtor and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
29. Copyright/Trademark Information
Copyright © 2025, Meqtor, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Meqtor Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
30. Contact Us.
If you have any questions about this Agreement, you may contact us by email at support@meqtor.com
