Terms of Service
These Terms of Service (the "Terms") govern your use of www.pagemutant.com (the "Site") and constitute a contract between you ("you") and PageMutant LLC ("PageMutant" or "we"). If you do not agree to accept the Terms in their entirety, you must discontinue your use of the Site immediately. We may periodically change the Terms in our sole discretion, and your continued use of the Site constitutes your acceptance of the revised Terms. Please check this "Terms of Service" page for updates from time to time, as this is typically the only manner in which we will notify you of any changes to the Terms.
Types of Users
Depending on how you use the Site, different portions of the Terms may apply to you in different ways. If you have registered on the Site as described in Section 3 below, you are a "Subscriber". If you do not register, but view the site or interact with the Site in any other way, you are a "Visitor." Both Subscribers and Visitors are also "Users." If you are accessing the Site or its Services on behalf of a company or other legal entity, by using the Services you represent that you have the authority to bind that company or legal entity to these Terms.
Ownership of Intellectual Property
The Site contains text, data, images, code, visual images, or some combination thereof (collectively "Content"). The Site also utilizes various types of functionality ("Functionality"). Unless otherwise expressly noted in these Terms, all Content and Functionality of the Site, including any and all copyrights, trademarks (and all associated goodwill), patent rights, trade secret rights, and all other intellectual property rights (collectively "Intellectual Property Rights"), are the property of PageMutant. Without limiting the foregoing, "PageMutant" (and all associated goodwill) is a trademark owned exclusively by PageMutant. PageMutant does not claim ownership in the trademarks, service marks, copyrights or other intellectual property owned by Subscribers (collectively, "Subscriber Intellectual Property".) By using the Services and submitting Subscriber Intellectual Property through the Site, Subscribers agree to grant PageMutant a non-exclusive royalty free right to display or otherwise use Subscriber Intellectual Property in connection with Subscriber's use of the Site.
Registration and Your Account
Notice of Copyright Infringement
It is the policy of PageMutant to terminate the privileges of any User who infringes the copyrights of PageMutant or others upon receipt of notification to PageMutant by the copyright owner or the copyright owner's legal agent. If you believe that your Content has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (D) a description of where the material that you claim is infringing is located on the Site; (C) your address, telephone number, and email address; (E) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. PageMutant's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, PageMutant LLC, P.O. Box 82375, Portland OR 97282 or at [email protected].
Permitted Use of Site and Prohibited Activities
Subject to the Terms, PageMutant grants you a limited license to access and use the Site for your own legitimate internal business purposes. This Site is not intended for individuals under the age of 13. If you are under the age of 13, you may not access or use the Site even if you have obtained permission from your parent or legal guardian. Without limiting any other restrictions set forth in these Terms, in using the Site you may not:
PageMutant may in its sole discretion and at any time suspend, terminate, or refuse to provide User privileges with respect to the Site with or without notice.
- Engage in, facilitate, or promote any conduct that is unlawful, tortious, or that constitutes a breach of a contract between you and a third party;
- Engage in, facilitate, or promote any conduct that is threatening, abusive, harassing, vulgar, obscene, or invasive of another person's privacy;
- Engage in, facilitate, or promote any conduct that is offensive, harmful or otherwise objectionable;
- Use the username or password of another Subscriber at any time, disclose your password to any third party, or allow any third party to access the Site by using your username or password, or the username and password of another Subscriber.
- Use any automated process to access or use the Site in any unauthorized manner;
- Modify, reverse engineer, reroute, sublicense, redistribute, or resell the Site or any portion thereof;
- Falsely imply sponsorship, association or affiliation with PageMutant;
- Transmit unsolicited commercial or bulk messages ("spam");
- Interfere with or disrupt the Site, or the servers or networks connected to the Site.
Purchasing PageMutant Services
PageMutant offers services directly through the Site ("Services"). To purchase one or more Services, you must first enter your payment method and other requested billing information (collectively "Payment Information"). We use your Payment Information only to process your payment for that particular transaction, and we do not store your Payment Information except as required by applicable law. By entering your Payment Information you represent and warrant that such Payment Information is accurate and complete, and that you are authorized to use the payment method selected. By entering your Payment Information, you further authorize PageMutant or its third party payment processing company to charge you the price listed by PageMutant on the Site for the selected Services using your selected payment method. PageMutant is a pay-as-you go service only. Fees are charged at the start of your subscription term. Fees for Services are billed in one-month increments, and we do not offer pro-rated services or partial refunds for periods of Services less than one month. Unless otherwise provided by law or expressly stated in connection with any particular offer, all fees are non-refundable. Fees for the Services are subject to change at any time upon providing 30-days advance notice from PageMutant. PageMutant attempts to describe its Services as accurately as possible. However, PageMutant does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a Service or Services are not as described by PageMutant on the Site, your sole remedy is to discontinue use of the Site and its Services. Please note that the provisions of this Section 6 apply only to PageMutant Services. Your purchases from third-party sellers, whether they are referenced on the Site or not, are governed by different terms and PageMutant is not a party to such transactions.
DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK
THE SITE PAGEMUTANT SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. PAGEMUTANT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PAGEMUTANT MAKES NO WARRANTY (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (B) THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THAT THE INFORMATION YOU MAY OBTAIN THROUGH YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS, OR (E) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE IS OBTAINED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH CONTENT. NO ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAGEMUTANT OR THROUGH THE SITE WILL CREATE ANY WARRANTY WITH RESPECT TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PAGEMUTANT NOR ITS AFFILIATES, OR THEIR RESPECTIVE directors, officers, members, managers, employees, agents, representatives, licensors, OR providers, WILL BE LIABLE FOR ANY LOST PROFITS OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY SERVICES, EVEN IF PAGEMUTANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT, PAGMUTANT'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO PAGEMUTANT DURING THE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless PageMutant, its Affiliates, and their respective directors, officers, members, managers, employees, agents, representatives, licensors, and providers from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of your breach of the Terms or otherwise from your use of the Site. PageMutant reserves the right to assume partial or exclusive control over the defense of any matter subject to indemnification by you, in which case you agree to fully cooperate with PageMutant in asserting any available defenses.
These Terms, together with any documents referred to in the Terms, constitute the entire agreement and any contemporaneous agreements between you and PageMutant concerning your use of the Site, and supersede any prior agreements between you and PageMutant concerning the same subject matter. You may be subject to additional terms and conditions when you use other PageMutant Content or services, or the Content or services of a third-party.
These Terms and your use of the Site as contemplated under the Terms are personal to you, and are not assignable, transferable or sublicensable by you except with PageMutant's prior written consent. PageMutant may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
PageMutant's remedies under these Terms are cumulative, and the failure of PageMutant to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision, or of any other right or provision.
If any provision, or any portion of any provision, of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree to give effect to the parties' intentions as reflected in the provision to the extent permitted by applicable law, and the other provisions of the Terms, and any other portions thereof, remain in full force and effect in order to best accomplish the original intent of the parties.
Any dispute arising out of or in connection with these Terms or your use of the Site will be governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles. You agree that any cause of action or proceeding concerning any such dispute must be brought in Multnomah County Circuit Court of the State of Oregon or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon located in Multnomah County, and you consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to such venue. You also agree that the remedy at law for your breach or threatened breach of the Terms may, by its nature, be inadequate, and that in the event of such breach or threatened breach PageMutant will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or proving that any monetary damage has been sustained. You further agree that regardless of any statute or law to the contrary, any cause of action or proceeding against PageMutant and arising out of or in connection with the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect. Whenever the word "include," the word "includes," or the word "including" is present in the Terms, such word will be deemed to be followed by the phrase "without limitation."
PageMutant may send you notices by transmitting information through the Site or by using the Registration Data you provided in establishing an Account. You may contact PageMutant by sending an email to [email protected].
No Third Party Beneficiaries
Nothing in these Terms, whether express or implied, is intended or will be construed to confer on any person, other than the parties to the Terms, any right, remedy, or claim under or with respect to these Terms.