Terms of Service

Introduction

Welcome to www.merimeter.com, a website is owned and operated by Meritmeter Inc. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy which is incorporated by reference in these terms (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of Nov 01, 2017.

We reserve the right to change, update or terminate this User Agreement, either partly or in entirety, from time to time without any prior notice. You acknowledge and agree that any modifications to these terms or privacy policy shall be considered as notified once it is uploaded on www.merimeter.com and that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your act of accessing the website or continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

 

Eligibility

By accessing this website or utilizing any services available through this Website, you agree that you are either above 18 years of age or in the event you are between 13 to 18 years of age you are being supervised by a legal guardian who is above 18 years of age and are fully aware of the nature of services provided by this website. You further agree that your access of this website is based on your absolute free will and you have not been coerced or influenced in any manner to do the same.

 

Website-Independent Platform

This website is an independent platform that has no control over the content posted by its users. This website neither screens any content uploaded on the website nor endorses any content posted by the users. You understand and agree that this Website being such an independent platform shall be able to claim the benefit of safe harbor provisions under the provisions of the Digital Millennium Copyright Act or similar provisions of other jurisdictions.

 

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are solely responsible for all activities that occur under your account/s. We recommend that you should keep your login information confidential, as we shall not be liable for any information accessed by third parties utilizing your account login details. Further, You will be responsible solely for any activities and orders made by any third party accessing our resources with your account login.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. You will solely be liable for any damage occurring by accessing our Resources through such means or where it is deemed to be illegal to access our Resources.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that we do not pre-screen or monitor the content posted by users of these various communication tools and are in no manner whatsoever liable for any of it, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, obscene, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright design, or other proprietary right of any party;

iii. Contains any type of unauthorized or unsolicited advertising;

iv. Impersonates any person or entity, including any www.meritmeter.com employees or representatives.

v. Committing fraud by the means of our Resources

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. For more details, please refer to our IP policy.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.meritmeter.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless www.meritmeter.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is requested by us.

 

CREATING AND UPLOADING VIDEO REVIEWS

You understand and accept that we may sometimes offer our users the opportunity to create and upload video reviews of consumer electronics products or gadgets to Meritmeter in order to earn revenue through our Amazon.com click-to-order affiliate program provided that the uploaded reviews content satisfy Meritmeter’s requirements and stay within its guidelines.

You understand and accept that the earned revenue to be so shared under this agreement is the one derived from Amazon.com only, and not any other (affiliated) Amazon website (i.e. Amazon.ca, Amazon.co.uk, etc.)

You however understand and accept that this shall not, does not constitute and shall not be deemed a special link for incentives or bonuses. We specifically disclaim all claims that Meritmeter offers its users any consideration, reward, or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Special Links. We do not implement any “rewards” or loyalty program to incentivize persons or entities to visit the Amazon Site via Special Links.

Payout to all eligible reviewers will be effected through PayPal only. You may not draw less than $100 from your account at any given time, and must give us at least three days’ notice to specify how much you will be withdrawing from your account for that period (provided it is not less than $100).

You understand and agree that you (and not Meritmeter) will be responsible for any fees/costs associated with payment through PayPal.

You understand and accept that Meritmeter will not be held liable for its failure to fulfill its commitment to pay reviewers (even if such reviewers have duly uploaded reviews) in the event that Amazon cancels or changes this agreement for any reason whatsoever.

To better understand Amazon’s Associates Program Fee Statement (Amazon incentives schedule), please click the link below.

Amazon Asscoaites operating policy and Program fees

 

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

 

Confidentiality

You will not disclose any information deemed confidential disclosed to you by us during the process of you accessing our Resources or any other information provided to you by us for a specific purpose or for the purpose of ease of using our Resources or accessing the Website.

 

Disclaimer

The information displayed on meritmeter.com website including but not limited to videos represents the views of the users. This website neither screens the information nor endorses any of the views contained in such information. This website or any of its affiliates will not be held liable for any videos or other information uploaded by the users.

 

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices and/or for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from www.meritmeter.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

vii) Any and all express and implied warranties including but not limited to merchantability, fitness for a specific purpose and resulting benefits are hereby disclaimed.

 

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. In case no amount is paid, then our liability shall be limited to CAD $1. Www.meritmeter.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

 

Intellectual Property

All content and materials available on www.meritmeter.com, including but not limited to text, graphics, website name, code, videos, reviews, ratings, images and logos are the intellectual property of www.meritmeter.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by www.meritmeter.com.

The use of third party intellectual property including but not limited to third party trademarks, copyright and designs, are solely uploaded by the users at their sole discretion and this Website does not mandate any such uploading activity. Any such use by the users is solely for nominative purposes to identify the actual product or brand being reviewed and falls under the fair use provisions of copyright law.

 

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

 

Governing Law

This website is controlled by www.meritmeter.com from our offices located in the province of Ontario, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of Ontario, by accessing our website, you agree that the statutes and laws of Ontario, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Canada, ON You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

No Partnership/Agency

Nothing in this User Agreement will be construed or assumed to create a joint venture, partnership or agency relationship between you and us and neither of us will have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

 

No other terms

Except as expressly stated in this User Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

 

Severability

If any provision of this User Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

 

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

www.meritmeter.com

Contact Meritmeter Legal