Terms of Use

Terms of Use 2017-07-14T22:21:40+00:00

Fatica Consulting L.L.C (D.B.A. “MetaLocator.com”) hereinafter also referred to as “MetaLocator” provides a hosted, on-line locator service.  These features and services (referred to hereafter as “the Service”) are subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU.  Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with MetaLocator in any way, your only recourse is to immediately discontinue use of MetaLocator and cancel your account.  MetaLocator has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

There are inherent dangers in the use of any software code available for download on the Internet, and MetaLocator cautions you to make sure that you completely understand the features, usability and potential risks before using the Service. YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH YOUR WEBSITE AND THE SERVICE, AND FATICA CONSULTING, L.L.C. WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH USING OR MODIFYING THE CODE ASSOCIATED WITH THE SERVICE.

By using the Service, you agree to the following Terms of Use:

  1. You represent and warrant that your use of the Service will be in strict accordance with these TOU and with all applicable laws and regulations (including without limitation the Telephone Consumer Protection Act as well as 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).  You are solely responsible for complying with all such laws, rules, and regulations, as they may be amended from time to time.   You may not decompile, reconfigure, or reverse-engineer the service to use it in a manner that infringes with consumer protection laws or other laws, rules or regulations.
  2. You represent and warrant that your use of the Service will not infringe or misappropriate the intellectual property or any other rights of any third party.
  3. No Reselling:  You may not use or resell this product as a hosted locator service provided to a third party unless as part of our Affiliate, Developer or Agency Account program. Web developers or agencies requiring MetaLocator services for their clients must do so through Agency Accounts.
  4. Browser Support:  MetaLocator officially supports and tests for Internet Explorer (IE) 9+, Chrome, Firefox 3+, Safari and Opera.  Many other browsers will also incidentally work.  MetaLocator does not support Google Maps with IE6, IE7 or IE8 as Google has dropped official support in their maps product for IE6 and IE7. We do support IE8 in MapBox
  5. Trial Period:  The trial period can only be used for the evaluation of the Service.  The 30-day trial period cannot be used for production purposes including public display beyond that needed to evaluate the Service.
  6. Mobile Platform support:  The MetaLocator mobile app is currently compatible with Apple iOS 3+, Android 2.1+, and BlackBerry 6+ devices.  We can not guarantee performance of the MetaLocator service on all mobile devices and operating system combinations.
  7. Attribution Link: MetaLocator may display within the software installed on your Website a small portion of HTML which may include a link to MetaLocator’s Website.  This link will be displayed in a subtle, unobtrusive manner.  Display of this link is required in Location Landing Pages.  The content of this HTML is subject to change.  Hiding, modifying or altering this content in any way is not permitted.
  8. Cancellations & Billing:  For customers paying by credit card, MetaLocator will automatically charge your credit card on a monthly basis according to your subscription selection after the 30-day trial has expired.  The billing date starts exactly 30 days after the account was created.  To request an upgrade or cancellation simply contact us or use the account cancellation button in your account.  Your cancellation will be effective the moment it is clearly requested in writing or executed via our Web site.  Failed credit card charge attempts will be automatically retried 3 times.  Notice of a credit card charge failure will be delivered via email.  Accounts that are past due by 60 days will be cancelled.
  9. Promotions: MetaLocator may use screenshots of your use of the Service which may include your Website and/or your corporate identity within our promotional materials, and you hereby consent to such use without further notice.
  10. DISCLAIMER:  THE METALOCATOR SERVICE IS PROVIDED BY FATICA CONSULTING, L.L.C. “AS IS” AND “WITH ALL FAULTS.” FATICA CONSULTING, L.L.C. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE OR SERVICE, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  NEITHER WE NOR OUR SUPPLIERS OR LICENSORS MAKE ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. DATA TRANSFERRED TO AND FROM THE SERVICE IS DONE SO UNENCRYPTED AND OVER VARIOUS NETWORKS. 
  11. LIMITATION OF LIABILITY: EXCEPT IN CIRCUMSTANCES OF METALOCATOR’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL FATICA CONSULTING, L.L.C. BE LIABLE FOR (I) ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE , (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO FATICA CONSULTING, L.L.C. UNDER THESE TOU DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION, EVEN IF FATICA CONSULTING, L.L.C. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.  EXCEPT IN CIRCUMSTANCES OF METALOCATOR’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL FATICA CONSULTING L.L.C. BE LIABLE IN ANY WAY FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT HOSTED, EMAILED, SENT VIA TEXT MESSAGE OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
  12. Indemnification:  You agree to indemnify and hold Fatica Consulting L.L.C, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any third party rights.
  13. Release of Liability: You agree to indemnify and hold Fatica Consulting L.L.C, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Service to infringe upon patented systems.
  14. You understand that all location information, descriptions, text, files, images, photos, video, sounds, or other materials (“Content”) that you transmit through, or linked from the Service are your sole responsibility.  MetaLocator may not be used to display Content that is offensive, including pornography, adult services or “hate” groups. MetaLocator can not be installed on Websites that contain such content.  Similarly MetaLocator can not be used to link to such content.  MetaLocator may not be used to display sensitive personal or corporate information including social security numbers, credit card numbers, trade secrets, cryptographic keys, passwords, access credentials, medical records, financial records etc. All content uploaded to MetaLocator should be considered publicly available information.
  15. You understand that Fatica Consulting L.L.C. does not control, and is not responsible for Content made available through the Service. Furthermore, the Fatica Consulting L.L.C. site and Content available through the Service may contain links to other websites, which are completely independent of Fatica Consulting L.L.C.  Fatica Consulting L.L.C. makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other webites is at your own risk.
  16. You acknowledge that Fatica Consulting L.L.C. does not pre-screen or approve Content, but that Fatica Consulting L.L.C. shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.  While we may choose to monitor or delete activity or content outside the scope of the restrictions contained in these Terms of Use, we are under no obligation to do so.
  17. Quotas: MetaLocator establishes quotas to limit utilization of the Service in accordance with the customer’s chosen subscription plan level.  These limits are displayed in the Account Usage section of the Service.  MetaLocator delivers warnings via email when quotas are exceeded.  Customers may decrease utilization or increase their plan level to ensure quotas are not exceeded.  Accounts that exceed any quota by 30% without corrective action will be temporarily suspended until the following month. Accounts that exceed any quota in two subsequent months by any amount will be temporarily suspended until the following month.  Accounts that regularly exceed quotas are in breach of this agreement and may be terminated.
  18. Modification:  We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOU at any time.  Such modifications shall become effective immediately upon the posting thereof.  We will provide prior written notice of any changes to this TOU via the account email address.
  19. Termination:  You understand and agree that we may, in our sole discretion and at any time, terminate your account for your use of this Service in contravention of this Agreement. You understand and agree that we may take any one or more of these actions without prior notice to you. Should we take any of these actions, we may, in our sole discretion, immediately deactivate and/or delete any or all information about and concerning your account. You understand and agree that we shall not have any liability to you or any other person for any permitted termination of your access and/or the removal of information concerning your Account.
  20. Violation: If it comes known that you willfully and intentionally violated any of our TOU or manipulated the Service, we may pursue damages in law or equity against you in a forum we deem appropriate.
  21. Trial Period:  For customers providing Credit Cards for billing purposes, MetaLocator LLC may authorize, but not withdraw or charge 1.00 US during the trial period.  This authorization does not withdraw funds or charge your credit card.  Some financial institutions will hold 1.00 US or reduce your available credit by 1.00 US as a result.  Accounts that are cancelled and re-established in order to artificially extend the trial period are not allowed – such accounts will not receive a trial period.
  22. Credit Card Billing:   For customers providing Credit Cards for billing purposes, credit card charges may appear as “Fatica Consulting”, MetaLocator’s parent company.
  23. Annual Subscription:  Absent MetaLocator or your breach hereof, Annual subscription payments are not refundable and cannot be cancelled.  Upgrades to an account paid on an annual basis will be pro-rated for the year.  ”Downgrades” of Annual plans are not pro-rated.
  24. Service Level Agreement: We guarantee that our service will be available 100% of the time during a given month, excluding scheduled maintenance.  Every effort will be made to eliminate any downtime.  Should an application failure occur, we will credit your account 5% of the monthly fee for each 30 minutes of system downtime, up to 100% of your monthly fee.  This only includes application system-wide downtime, it does not include application performance or output problems caused by customer data or configuration settings.
  25. We will respond to support requests within a 24 hour window of the request being made via telephone or email presuming the request is within the Scope of Support.  Staff are available, at a minimum M-F 9:00 a.m. – 5:00 p.m. Mountain Standard Time, excluding Federal Reserve holidays.
  26. These TOU constitute the entire agreement between Fatica Consulting, L.L.C. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fatica Consulting, L.L.C., or by the posting by us of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Denver, Colorado. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these TOU or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Either party may assign its rights under this Agreement to its parent or affiliated entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  27. You are solely responsible for compliance with all applicable laws and regulations including without limitation the Telephone Consumer Protection Act, which prohibits automated SMS text messages being sent to users who have not taken action to receive such messages.  You may not decompile, reconfigure, or reverse-engineer the Service to use it in a manner that infringes with consumer protection laws or other laws, rules or regulations.   The content subject of your text message is solely of your own design and choosing, within the limits of Metalocator’s Terms of Use.
  28. Contact:  If you have any questions about these TOU you may contact us at info@metalocator.com.