Welcome to WWW.UPDATEMONITOR.COM. By using this website (“Site”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and BattleMetrics, LLC, provider of the Site. The terms “Provider” or “us”, "our", or “we” refer to the owner of the Site, BattleMetrics, LLC. The term “you” refers to the user or viewer of our Site. The term "Agreement" refers to these terms and any applicable agreement between you and Provider. The term "Services" refers to all services provided to you by Provider, whether those services are provided directly on the Site or indirectly through other means, such as an application.
The use of the Site or our Services is subject to the following terms of use:
The content of the pages of the Site is for your general information and use only. It is subject to change without notice.
Your use of any information or materials on the Provider Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Site meet your specific requirements.
Additionally, by accessing and using our Site, you agree to be bound by the terms found in our Privacy Policy and Refund Policy. If you need to contact us, you may do so by one of the methods provided on our Contact Us page.
The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of BattleMetrics, LLC or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes without express, written permission from us. Unauthorized use of the Site may give rise to a claim for damages and/or a criminal offense.
This Site provides links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the content on a Linked Site. The fact that we have provided a link to a Linked Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
All content, products, and services on the Site, or obtained from a Site to which the Site is linked a “Linked Site”) are provided to you “AS IS” without warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. To the extent permitted by law, we exclude all warranties.
To the extent permitted by law, we will not be responsible for lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. The total liability of BattleMetrics, LLC and its suppliers and distributors, for any claims under these terms, including any implied warranties, is limited to the amount you paid us to use the services. In all cases, we will not be liable for any loss or damage that is not reasonably foreseeable.
Any legal issues arising out of use of this Site, our Services, or these Terms and Conditions shall be governed by the law of the State of Michigan. The federal or state courts of Wayne County, Michigan shall be the forum for any legal dispute.
You agree to hold harmless and indemnify us and our affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Additionally we reserve the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services. We may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (e.g., via email or by posting the information on the Site). In addition, this Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
If any of these terms are deemed unenforceable by a court of competent jurisdiction, those term(s) shall be severable from the remainder of this Agreement. The remainder of the terms shall remain in effect notwithstanding the severed term(s).
The effective date of this statement is July 20, 2019.