Terms of Service

Last Updated: February 22, 2017

WELCOME TO NEUTRINO METRICS WHICH IS OWNED AND OPERATED BY HIRO LABS, INC. (“NEUTRINO METRICS”, “WE”, “US” or “OUR”). PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (THESE “TERMS”) CAREFULLY.

BY ACCESSING OR USING THIS WEBSITE, PURCHASING SERVICES OR CLICKING AT THE TIME OF YOUR REGISTRATION FOR THE SERVICES, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH Neutrino Metrics AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE OR THE SERVICES.

These Terms apply to your access to and use of Neutrino Metrics.com and any related websites (collectively, the “Site”) and Neutrino Metrics’s services, applications and features (collectively, the “Services”). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and Neutrino Metrics for violations of these Terms.

These Terms contain provisions that govern how claims that you and Neutrino Metrics have against each other are resolved (see Dispute Resolution section). These Terms also contain provisions requiring you to resolve certain disputes or claims relating to your use of the Services by binding arbitration, rather than in court. If you do not consent to such terms, you are not permitted to use the Services.

Neutrino Metrics reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Neutrino Metrics) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an e-mail, by posting a notice on the Site, by posting the revised Terms on the Site and revising the date at the top of these Terms or by such other form of notice as determined by Neutrino Metrics. Any changes or modification will be effective 30 days after providing notice that these Terms have been modified (the “Notice Period”). Your continued use of the Services following the Notice Period will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Services and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Services.

The previous amendment to these Terms was effective on February 22, 2017. Please visit our policy updates page, available at https://neutrinometrics.net/privacy for a list of past Terms and a summary of important changes that have been made to these Terms since the previous version.

Privacy Policy

Please refer to our Privacy Policy for information on how Neutrino Metrics collects, uses and discloses your information when you use our Services.

Registration Data; Account Security

In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Neutrino Metrics, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Neutrino Metrics.

You are responsible for safeguarding the password that you use to access the Services. When you register for the Services, you should use a strong password, including a combination of upper and lower case letters.

The Services are not intended for users who are under the age of 13. In order to create an account for the Services, you must be 13 years of age or older. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian. By registering, you represent and warrant that you are 13 years of age or older.

Terms of Sale

Please refer to our Terms of Sale for the terms (to be posted upon release date of paid functionality), conditions and policies applicable to your purchase of services from Neutrino Metrics. By ordering services through on the Site or via the Services, you agree to be bound by and accept the Terms of Sale.

User Content and Conduct

You agree that you are solely responsible for your conduct while using the Services, and you agree that you will not do any of the following in connection with the Service or its users:

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services. Neutrino Metrics takes no responsibility and assumes no liability for any loss or damage thereto, or for any User Conduct. Enforcement of the User Content or conduct rules set forth in these Terms is solely at Neutrino Metrics’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. These rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Limited License

Unless otherwise indicated in the Services, the Services and all content and other materials contained therein, including, without limitation, Neutrino Metrics logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Neutrino Metrics Materials”) are the proprietary property of Neutrino Metrics or its licensors or users and are protected by U.S. and international intellectual property laws.

You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Neutrino Metrics Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.

Except as otherwise expressly permitted in these Terms, you may not: (a) resell or use Neutrino Metrics Materials for any commercial purpose; (b) distribute, publicly perform or public display of any Neutrino Metrics Materials; (c) modify or otherwise make any derivative uses of Neutrino Metrics Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of Neutrino Metrics Materials or any information contained therein; (f) decompile, disassemble, decode or reverse engineer Neutrino Metrics Materials, translate Neutrino Metrics Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying Neutrino Metrics Materials or reduce Neutrino Metrics Materials by any other means to a human perceivable form; (g) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo or other intellectual property or proprietary right designation appearing on or contained within Neutrino Metrics Materials; or (h) use Neutrino Metrics Materials other than for their intended purpose. Any use of Neutrino Metrics Materials other than as specifically authorized herein, without the prior written permission of Neutrino Metrics, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.

You acknowledge that all right, title and interest in and to Neutrino Metrics Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with Neutrino Metrics or its third party licensors.

Trademarks

Neutrino Metrics’s name, Neutrino Metrics, Inc., Neutrino Metrics logos and any other Neutrino Metrics product or service name or slogan included in the Services are trademarks of Neutrino Metrics and may not be copied, imitated or used, in whole or in part, without the prior written permission of Neutrino Metrics or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Neutrino Metrics” or any other name, trademark or product or service name of Neutrino Metrics without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Neutrino Metrics and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any other products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

You may create a hyperlink to the Services for noncommercial purposes, but you may not use, frame or utilize framing techniques to enclose any Neutrino Metrics Materials (including any Neutrino Metrics trademark, logo or other proprietary information) without Neutrino Metrics’s express written consent.

Neutrino Metrics may make third party content or services available on or through the Services (collectively the “Third Party Materials”) solely as a convenience to its users (e.g., links to third party websites, advertisements and promotions from third parties or the ability to use social media tools provided by third parties). YOUR USE OF ANY SUCH THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. Neutrino Metrics does not control, endorse or adopt any Third Party Materials and makes no representation or warranties of any kind regarding the Third Party Materials, including without limitation regarding the accuracy or completeness of such Third Party Materials. Your business dealings or correspondence with such third party, and any terms, conditions, warranties or representations applicable to the Third Party Materials, are solely between you and such third party. When you leave our Services, you should be aware that these Terms and all other Neutrino Metrics policies no longer govern your use of such websites and services or any content contained thereon. You acknowledge and agree that Neutrino Metrics is not responsible or liable in any manner for any Third Party Materials and undertakes no responsibility to update or review any Third Party Materials. Feedback

In the event you elect, in connection with your use of the Services, to communicate to Neutrino Metrics suggestions for improvements to the Services (“Feedback”), Neutrino Metrics will be entitled to use (or not to use) the Feedback without restriction, even if you have designated the Feedback as confidential. You acknowledge that Neutrino Metrics may have ideas or materials similar to the Feedback already under consideration or development and that you are not entitled to compensation or reimbursement from Neutrino Metrics of any kind in connection with the Feedback.

Indemnification

You agree, at your sole expense, to defend, indemnify and hold us, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (a) your conduct; (b) your violation of these Terms or the rights of any third-party; or (c) any content you upload, transmit, distribute, store, create or otherwise publish through the Services.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Neutrino Metrics, THE SERVICES AND NEUTRINO METRICS MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Neutrino Metrics DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN; (B) THAT NEUTRINO METRICS MATERIALS IN THE SERVICES OR ANY USER CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT; (C) THAT THE SERVICES WILL OPERATE WILL OPERATE WITHOUT DOWNTIME, INTERRUPTION, DELAY OR ERROR; OR (D) THAT THE SERVICES OR NEUTRINO METRICS’ SERVERS ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Neutrino Metrics reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services offered by Neutrino Metrics or any features or functionality of the Services at any time without notice and without obligation or liability to you.

Limitation of Liability

IN NO EVENT WILL NEUTRINO METRICS, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE USER CONTENT OR Neutrino Metrics MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM NEUTRINO METRICS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NEUTRINO METRICS’ RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Neutrino Metrics, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED [THE GREATER OF COMPENSATION YOU PAY, IF ANY, TO Neutrino Metrics FOR ACCESS TO OR USE OF THE SERVICES OR USD $100.00.

NEUTRINO METRICS IS NOT LIABLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU MAY HAVE AGAINST SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, 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 MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Neutrino Metrics has adopted a policy of terminating, in appropriate circumstances and at Neutrino Metrics’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Neutrino Metrics may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through Neutrino Metrics Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Neutrino Metrics’s Designated Copyright Agent. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Upon receipt of the Notice as described below, Neutrino Metrics will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from Neutrino Metrics Services.

DMCA Notice of Alleged Infringement (“Notice”):

If you believe a copyright notice was submitted in error regarding your content, or if you contest the removal of allegedly infringing content, you may submit a counter-notice to Neutrino Metrics setting forth your good faith belief that such content was removed in error. In accordance with Sections 512(g)(2) and (3) of the DMCA, such counter-notice must set forth: (a) your full legal name, mailing address, telephone number and electronic or physical signature; (b) identification of the disputed material and its location on the Site or in the Services before removal; (c) a statement under penalty of perjury that the material was removed by mistake or misidentification; and (d) a statement that you consent to the jurisdiction of the Federal District Court where your address is located if your address is located in the U.S. or of the [Insert applicable Federal District Court] if you are located outside the U.S., and that you will accept service process from the person who provided the original complaint. Neutrino Metrics will process any counter-notices in accordance with DMCA requirements and its own internal policies and procedures.

Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Neutrino Metrics AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You and Neutrino Metrics agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Neutrino Metrics are NOT required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You and Neutrino Metrics agree (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in San Francisco County, California; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Neutrino Metrics will not commence against the other a class action, class arbitration or other representative action or proceeding.

General

Notwithstanding any of these Terms, Neutrino Metrics reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent future your access to and use of the Services.

If any provision of these Terms is be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Notwithstanding any terms to the contrary in these Terms, Neutrino Metrics may choose to electronically deliver all communications with you, which may include: (a) e-mail to your e-mail address indicated in your communications with Neutrino Metrics or upon registration for the Services; or (b) posting messages that are displayed to you when you log in to or access the Services. Neutrino Metrics’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with Neutrino Metrics, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such e-mail.

Questions & Contact Information

If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at info@neutrinometrics.net.