Terms of Use

PLEASE READ THESE TERMS CAREFULLY, AS THEY GOVERN YOUR USE OF THE WEBSITE AND YOUR LEGAL RIGHTS AND OBLIGATIONS.  

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.

 

TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (the "Terms") are entered into by and between you ("you") and Cerebral Ninja, Inc. (the "Company", "we", or "us").  The Company makes this website, https://www.meseekna.com (the "Website"), available to you conditioned upon your acceptance, without modification, of the following Terms.  By accessing or using this Website, you accept, without modification, these Terms. 

This Website is offered and available to users who have reached the age of majority in their place of residence.  By using this Website, you represent and warrant that you have reached the age of majority in your place of residence and are of legal age to form a binding contract with the Company.  If you do not meet all of the foregoing eligibility requirements, you are prohibited from accessing or using the Website.

MODIFICATIONS TO THE TERMS

We may make changes to these Terms from time to time, in our sole discretion, by updating and posting the revised Terms on this Website and specifying the effective date of the new version of these Terms.  Your use of the Website following the posting of a new version of these Terms constitutes your acceptance of any such changes.  Accordingly, when you visit this Website, you should periodically check to see if a new version of these Terms has been posted.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, data software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the "Content") are owned by the Company, its licensors or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  You may not copy or otherwise use any of the Content except as expressly authorized by these Terms.

TRADEMARKS

The marks "Cerebral Ninja™" and "Meseekna™" and all related marks are trademarks of the Company.  All rights are reserved by the Company, and you may not use, reproduce, download, disseminate, alter or transfer such marks in any form, or in a confusingly similar manner, by any means without the prior written permission of the Company. 

SCOPE OF USE

You agree to use the Website only for lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Website.  You agree to use the Website solely for legitimate business purposes related to your status as a potential or current customer of the Company.  You may not use any Content available via the Website in any other manner or for any other purpose without the prior express written permission of the Company.  Any unauthorized use of any Content from the Website may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy (see below).  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

SITE AVAILABILITY

The Company will use reasonable efforts to maintain the Website's operation and availability but does not guarantee uninterrupted or error-free operation of the Website or any portion thereof.

PASSWORD OBLIGATIONS

You agree to accept responsibility for all activities that occur under your User ID and Password.  You are responsible for maintaining the confidentiality of your Password, and for restricting access to your computer so that others may not access the Website in your name and under your User ID and Password.  You agree to immediately notify us of any unauthorized use of your User ID or Password or any other breach of security.  We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.

ACCURACY 

While we strive to keep the Content that we post on the Website accurate, complete, and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content on this Website is accurate, complete, timely or applicable to you.

ACCURACY OF INFORMATION YOU PROVIDE

You will use the Website only with your User ID and password and you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to the Website.  You agree to provide true, accurate, current, and complete information about yourself, and, as permitted, to maintain and update it continuously and promptly to keep it true, accurate, current and complete.

MODIFICATION OR SUSPENSION OF THE WEBSITE OR ACCESS

The company reserves the right, in its sole discretion, to modify or discontinue the Website, or any portion of the Website, without notice to you or any third party.  We also may, in our sole discretion, refuse or restrict anyone from access to the entire Website or any portion of the Website.

VIOLATIONS

Any violation of these Terms (as determined by the Company in its sole discretion) may result in restriction or termination of your access to all or part of the Website and may be referred to law enforcement authorities.  No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of the Company.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, owners, contractors, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation these Terms or your use or access of the Website.

GOVERNING LAW

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in Syracuse, New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

These Terms and the Privacy Policy (see below) constitute the entire agreement between the Company and you pertaining to the use of the Website and any information contained herein and supersedes any and all prior written or oral communications and/or agreements previously existing between us. 

If you have any questions or concerns with respect to these Terms or the Website, you may contact us here.

  

 

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS OR DIRECTORS BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, CONTENT, AND/OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The effective date of these Terms is August 13, 2018.