Legal Documents

End User License Agreements

These documents contain information about the copyright, trademarks, license, disclaimers and specific restrictions of our software.

Chanalyzer

Eye P.A.

inSSIDer (legacy versions)

inSSIDer Office

Beta Software

Website Terms and Conditions

View Terms and Conditions

MetaGeek Plus Terms of Service

These terms apply to MetaGeek Plus accounts, including free accounts, used with InSSIDer.

View Terms of Service

Privacy and Data Usage Policy

View Our Privacy and Data Usage Policy

MetaCare Assurance Plan Details

Learn More about MetaGeek's MetaCare program

Trademarks and Copyright

Wi-Spy, MetaGeek, Chanalyzer, Eye P.A. and "Visualize your wireless landscape" are registered trademarks of MetaGeek, LLC. "inSSIDer", is a trademark of MetaGeek, LLC. © Copyright 2005-2022 MetaGeek, LLC. All comments are owned by the poster.

Limited Warranty

Should a product fail to perform within 90 days of the purchase date, it will be repaired or replaced with the same or functionally equivalent product by MetaGeek, at its discretion, free of charge provided you:
Return the failed product to MetaGeek or a MetaGeek designated facility with shipping charge prepaid, and
Provide MetaGeek with proof of the original date of purchase.
Repaired or replacement products will be returned to you with shipping charges prepaid.
Warranty replacement products may be refurbished or contain refurbished materials. If MetaGeek, by its sole determination, is unable to repair or replace the defective product, it will refund the depreciated purchase price of the product. The maximum liability of MetaGeek under this warranty is limited to the purchase price of the product covered by the warranty.
This warranty does not apply if, in the judgement of MetaGeek, the product fails due to damage from shipment, handling, storage, accident, abuse or misuse, or if it has been used or maintained in a manner not conforming to product manual instructions, or has been modified in any way. Batteries that may be included with purchases of MetaGeek products are not covered under this warranty. Repair by anyone other than MetaGeek or an approved agent will void this warranty. If the warranty does not apply based on the afore mentioned reasons please contact MetaGeek support for special requests or questions.
Prior to returning any defective product, the end customer or the reseller from whom the end customer originally purchased the product must obtain a Return Merchandise Authorization (RMA) number from MetaGeek. All defective products should be returned to MetaGeek with shipping charges prepaid. MetaGeek will not accept collect shipments.
Except as specifically provided in this agreement or as required by law, the warranties and remedies stated above are exclusive and in lieu of all others, oral or written, express or implied. Any and all other warranties, including implied warranties of merchantability, fitness for a particular purpose and noninfringement of third party rights are expressly excluded. MetaGeek shall not under any circumstances be liable to any person for any special, incidental, indirect or consequential damages, including without limitation, damages resulting from use or malfunction of the products, loss of profits or revenues or costs of replacement goods, even if MetaGeek is informed in advance of the possibility of such damages.

Return Policy

If you are not completely satisfied with your purchase please submit a support ticket for a Return Merchandise Authorization (RMA) number. Products may be returned within 30 days of purchase for a refund (less shipping - no restocking fee) and 90 days with a 10% restocking fee (less shipping) if the product is in good shape. If your product appears to be faulty, please contact support. During the warranty period, defective products will be replaced at no cost to you.

Chanalyzer End User License Agreement

Copyrights

Copyright 2005-2022 MetaGeek, LLC. All rights reserved.
Chanalyzer is copyright 2006-2022 MetaGeek, LLC. All rights reserved. You are granted a limited license to use this software. The software may be used or copied only in accordance with the terms of that license, which is described in the following paragraphs.

Trademarks

MetaGeek, Wi-Spy and Chanalyzer are registered trademarks of MetaGeek, LLC. Cisco, CleanAir, SAgE, Aironet, and Cisco Prime are registered trademarks of Cisco Systems, Inc.

License

The “software" shall be taken to mean the software contained in this package and any subsequent versions or upgrades received as a result of having purchased this package. The "buyer" shall be taken as the original purchaser of the software.
Buyer has the non-exclusive right to use the software on multiple computers. Buyer may only use the software with the Wi-Spy hardware or as a standalone software program; buyer may not use the software in conjunction with other hardware-based spectrum analyzer tools. Buyer may not distribute copies of the software to others. Buyer may not distribute copies of the software or the accompanying documentation to others for a fee.
Buyer may not modify or translate the program or documentation. User may not disassemble the program or allow it to be disassembled into its constituent source code. Buyer's use of the software indicates his/her acceptance of these terms and conditions. If buyer does not agree to these conditions, return the distribution media, documentation, and associated materials to the vendor from whom the software was purchased, and erase the software from any and all storage devices upon which it may have been installed.
This license agreement shall be governed by the laws of the United States of America, the State of Idaho, and shall inure to the benefit of MetaGeek, LLC or its assigns.

Disclaimer / Limitation of Liability

Buyer acknowledges that the software may not be free from defects and may not satisfy all of buyer's needs. The software is licensed "as is". In no event will MetaGeek, LLC be liable for direct, indirect, incidental or consequential damage or damages resulting from loss of use, or loss of anticipated profits resulting from any defect in the program, even if it has been advised of the possibility of such damage. Some laws do not allow the exclusion or limitation of implied warranties or liabilities for incidental or consequential damages, so the above limitations or exclusion may not apply.

Specific Restrictions

In accordance with the computer software rental act of 1990, this software may not be rented, lent or leased.
The software and accompanying documentation may not be provided by a “backup service" or any other vendor which does not provide an original package as composed by MetaGeek, LLC, including but not limited to all original distribution media, documentation, registration cards, and insertions.

Eye P.A. End User License Agreement

Copyrights

Copyright 2005-2022 MetaGeek, LLC. All rights reserved.
Eye P.A. is copyright 2005-2022 MetaGeek, LLC. All rights reserved. You are granted a limited license to use this software. The software may be used or copied only in accordance with the terms of that license, which is described in the following paragraphs.

Trademarks

MetaGeek and Eye P.A. are registered trademarks of MetaGeek, LLC. AirPcap is a registered trademark of Riverbed Technology.

License

The “software” shall be taken to mean the software contained in this package and any subsequent versions or upgrades received as a result of having purchased this package. The “buyer” shall be taken as the original purchaser of the software.
Buyer has the non-exclusive right to use the software on multiple computers. Buyer may not distribute copies of the software to others. Buyer may not distribute copies of the software or the accompanying documentation to others for a fee.
Buyer may not modify or translate the program or documentation. User may not disassemble the program or allow it to be disassembled into its constituent source code. Buyer’s use of the software indicates his/her acceptance of these terms and conditions. If buyer does not agree to these conditions, return the distribution media, documentation, and associated materials to the vendor from whom the software was purchased, and erase the software from any and all storage devices upon which it may have been installed.
This license agreement shall be governed by the laws of the United States of America, the State of Idaho, and shall inure to the benefit of MetaGeek, LLC or its assigns.

Disclaimer / Limitation of Liability

Buyer acknowledges that the software may not be free from defects and may not satisfy all of buyer’s needs. The software and any accompanying written materials are licensed “as is”. Buyer’s exclusive remedy during the warranty period shall consist of replacement of distribution media if determined to be faulty. In no event will MetaGeek, LLC be liable for direct, indirect, incidental or consequential damage or damages resulting from loss of use, or loss of anticipated profits resulting from any defect in the program, even if it has been advised of the possibility of such damage. Some laws do not allow the exclusion or limitation of implied warranties or liabilities for incidental or consequential damages, so the above limitations or exclusion may not apply.

Specific Restrictions

In accordance with the computer software rental act of 1990, this software may not be rented, lent or leased.
The software and accompanying documentation may not be provided by a “backup service" or any other vendor which does not provide an original package as composed by MetaGeek, LLC, including but not limited to all original distribution media, documentation, registration cards, and insertions.

inSSIDer End User License Agreement

IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: MetaGeek, LLC's End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity (referred to as the "licensee") and MetaGeek, LLC for the MetaGeek software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and MetaGeek LLC, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

Copyrights

Copyright 2005-2022 MetaGeek, LLC. All rights reserved.
inSSIDer is copyright 2007-2022 MetaGeek, LLC. All rights reserved.

Trademarks

MetaGeek and inSSIDer are registered trademarks of MetaGeek, LLC.

License

This License is for personal use only. This License permits the licensee to install the SOFTWARE PRODUCT on more than one computer system, as long as the SOFTWARE PRODUCT will not be used on more than one computer system simultaneously. Licensee will not make copies of the SOFTWARE PRODUCT or allow copies of the SOFTWARE PRODUCT to be made by others, unless authorized by this License Agreement. Licensee may make copies of the SOFTWARE PRODUCT for backup purposes only.
Licensee may not modify or translate the program or documentation. User may not disassemble the program or allow it to be disassembled into its constituent source code. Licensee's use of the SOFTWARE PRODUCT indicates his/her acceptance of these terms and conditions. If the licensee does not agree to these conditions, they should return the distribution media, documentation, and associated materials to the vendor from whom the SOFTWARE PRODUCT was purchased, and erase the SOFTWARE PRODUCT from any and all storage devices upon which it may have been installed. This license agreement shall be governed by the laws of the United States of America, the State of Idaho, and shall inure to the benefit of MetaGeek, LLC or its assigns.

Disclaimer / Limitation of Liability

Licensee acknowledges that the SOFTWARE PRODUCT may not be free from defects and may not satisfy all of the licensee's needs. The SOFTWARE PRODUCT is licensed "as is". In no event will MetaGeek, LLC be liable for direct, indirect, incidental or consequential damage or damages resulting from loss of use, or loss of anticipated profits resulting from any defect in the SOFTWARE PRODUCT, even if it has been advised of the possibility of such damage. Some laws do not allow the exclusion or limitation of implied warranties or liabilities for incidental or consequential damages, so the above limitations or exclusion may not apply.

Specific Restrictions

In accordance with the computer software rental act of 1990, this SOFTWARE PRODUCT may not be rented, lent or leased. This license is does not extend rights of usage for commercial purposes.
The SOFTWARE PRODUCT and accompanying documentation may not be provided by a “backup service" or any other vendor which does not provide an original package as composed by MetaGeek, LLC, including but not limited to all original distribution media, documentation, registration cards, and insertions.

inSSIDer Office End User License Agreement

IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: MetaGeek, LLC's End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity (referred to as the "licensee") and MetaGeek, LLC for the MetaGeek software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and MetaGeek LLC, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

Copyrights

Copyright 2005-2022 MetaGeek, LLC. All rights reserved.
inSSIDer is copyright 2007-2022 MetaGeek, LLC. All rights reserved.

Trademarks

MetaGeek and inSSIDer are registered trademarks of MetaGeek, LLC.

License

This License permits the licensee to install the SOFTWARE PRODUCT on more than one computer system, as long as the SOFTWARE PRODUCT will not be used on more than one computer system simultaneously. Licensee will not make copies of the SOFTWARE PRODUCT or allow copies of the SOFTWARE PRODUCT to be made by others, unless authorized by this License Agreement. Licensee may make copies of the SOFTWARE PRODUCT for backup purposes only.
Licensee may not modify or translate the program or documentation. User may not disassemble the program or allow it to be disassembled into its constituent source code. Licensee's use of the SOFTWARE PRODUCT indicates his/her acceptance of these terms and conditions. If the licensee does not agree to these conditions, they should return the distribution media, documentation, and associated materials to the vendor from whom the SOFTWARE PRODUCT was purchased, and erase the SOFTWARE PRODUCT from any and all storage devices upon which it may have been installed.
This license agreement shall be governed by the laws of the United States of America, the State of Idaho, and shall inure to the benefit of MetaGeek, LLC or its assigns.

Disclaimer / Limitation of Liability

Licensee acknowledges that the SOFTWARE PRODUCT may not be free from defects and may not satisfy all of the licensee's needs. The SOFTWARE PRODUCT is licensed "as is". In no event will MetaGeek, LLC be liable for direct, indirect, incidental or consequential damage or damages resulting from loss of use, or loss of anticipated profits resulting from any defect in the SOFTWARE PRODUCT, even if it has been advised of the possibility of such damage. Some laws do not allow the exclusion or limitation of implied warranties or liabilities for incidental or consequential damages, so the above limitations or exclusion may not apply.

Specific Restrictions

In accordance with the computer software rental act of 1990, this SOFTWARE PRODUCT may not be rented, lent or leased without express written permission from MetaGeek, LLC.
The SOFTWARE PRODUCT and accompanying documentation may not be provided by a “backup service" or any other vendor which does not provide an original package as composed by MetaGeek, LLC, including but not limited to all original distribution media, documentation, registration cards, and insertions.

Beta Software End User License Agreement

METAGEEK, LLC ("MetaGeek") LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND/OR USING THIS COMPUTER SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (THE "SOFTWARE"). BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT DO NOT INSTALL, COPY OR USE THE SOFTWARE.

Disclaimer

THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS", AND METAGEEK DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.

Grant of License

Subject to the terms and conditions of this Agreement, MetaGeek hereby grants to you a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Software solely for purposes of testing and evaluation, and (ii) to copy Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.

Confidentiality

Licensee agrees to treat Software as confidential and will not without the express written authorization of MetaGeek (i) demonstrate, copy, sell or market Software to any third party, (ii) publish or otherwise disclose information relating to performance or quality of the Software to any third party or (iii) modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.

Feedback

Licensee agrees to notify MetaGeek of all problems and ideas for enhancements which come to Licensee's attention during the period of this Agreement, and hereby assigns to MetaGeek all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights. The Licensee agrees to provide material, statistics, or information that is not deemed confidential to Licensee’s business for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by MetaGeek.

Beta-Software Product Support

MetaGeek is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.

Ownership and Copyright of Software

Title to the Software and all copies thereof remain with MetaGeek. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, MetaGeek does not grant any express or implied right to you under MetaGeek patents, copyrights, trademarks, or trade secret information.

Terms of Agreement

Your rights with respect to the Beta Software will terminate upon the earlier of (i) the initial commercial release by MetaGeek of a generally available version of the Software or (ii) six months after the last date you receive the Software or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using the Software, Documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.

Limitation of Liability

IN NO EVENT WILL METAGEEK, LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR DAMAGES RESULTING FROM LOSS OF USE, OR LOSS OF ANTICIPATED PROFITS RESULTING FROM ANY DEFECT IN THE PROGRAM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY.

Governing Law

This license agreement shall be governed, construed and enforced in accordance with the laws of the United States of America and the State of Idaho, and shall inure to the benefit of MetaGeek, LLC or its assigns. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.

Entire Agreement

This Agreement constitutes the complete and exclusive agreement between you and MetaGeek with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in writing by an authorized representative of MetaGeek.

MetaGeek Website Terms and Conditions

Please read the following terms and conditions carefully. Your use of the MetaGeek website is subject to these Terms and Conditions, and by using this website, you show you are in agreement with such terms. If you are not in agreement, please do not use this website.

Trademarks

The images, logos and names on this website which identify MetaGeek, clients or third parties and their products and services are proprietary marks of MetaGeek LLC and/or their relevant clients or third parties. Nothing contained in this website shall be deemed to confer on any person any license or right on the part of MetaGeek or any third party with respect to any such image, logo or name.

Disclaimer

Whilst MetaGeek has taken care in the preparation of the contents of this website, this website and the information, names, images, pictures, logos, icons regarding or relating to MetaGeek, or the products and services of the same (or to third party products and services), are provided on an “as is” basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded. In no event will MetaGeek and/or any MetaGeek group company be liable (whether in contract or tort (including negligence or breach of statutory duty) or otherwise) for any losses sustained and arising out of or in connection with use of this website including, without limitation, loss of profits, loss of data or loss of goodwill (in all these cases whether direct or indirect) nor any indirect, economic, consequential or special loss.
MetaGeek does not represent that the information contained in this website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in this website or for any reliance placed by any person on the information.
MetaGeek does not warrant that the functions or materials accessible from or contained in this website will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are virus or bug free or represent the full functionality, accuracy, reliability of the materials.
If any of these Terms and Conditions (or any terms and conditions relating to a product or service referred to in this website) should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or condition shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

Copyright

The copyright in the material contained in this website belongs to MetaGeek or its licensed source. Any person may copy any part of this material, subject to the following conditions:
The material may not be used for commercial purposes;
The copies must retain any copyrights or other intellectual property notices contained in the original material;
The products and technology or processes described in this website may be subject to other intellectual property rights reserved by MetaGeek or by other third parties (and no license is granted in respect of those intellectual property rights);
Images on the website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).

Links To Other Websites

Certain links may lead you to websites that are not under the control of MetaGeek. When you activate any of these links, you will leave the MetaGeek website and MetaGeek has no control over and will accept no responsibility or liability in respect of the material on any such other website. By allowing links with third party websites MetaGeek does not intend to solicit business or offer any security to any person in any country, directly or indirectly.

Monitoring of Telephone Calls / Emails

Telephone calls using the telephone numbers provided on this website and email correspondence with MetaGeek at the email addresses accessible through, or discernible from, this website may be recorded or monitored. By using such communication methods you are consenting to the recording or monitoring of the same.

Changes to Terms and Records of Agreements

We reserve the right to change these terms and conditions at any time by posting changes on the website. It is your responsibility to review the website terms and conditions regularly to ensure you are aware of the latest terms and conditions. Your use of this website after a change has been posted will be seemed to signify your acceptance of the modified terms and conditions. We recommend that you print off and retain for your records a copy of these terms and conditions from time to time. We also recommend you print any application forms you complete online. Any amendment to terms and conditions must be agreed in writing by us, or, if appropriate, by the relevant company with whom you contact.

Applications for Services

Details of services (and any offers) provided online are subject to change without notice. All products and services are subject to availability and we give no guarantee in this regard.

Service Terms and Conditions

If you apply for any service detailed on this website, these Terms and Conditions should be read in conjunction with any other Terms and Conditions which relate to any such service and in the event of any contradiction between these Terms and Conditions and the specific Terms and Conditions relating to such service, the latter shall prevail.

Ownership of Website

This website belongs to MetaGeek, 250 S. 5th St., Ste 840, Boise, ID 83702.

Alterations

MetaGeek reserves the right, at any time and without prior notice, to remove or cease to supply any service contained on this website. In the event that such removal takes place we shall not be liable to you in any way whatsoever for such removal.
For more information on the MetaGeek Terms & Conditions:
Phone: (208) 639-3140 | Fax: (208) 441-6483
250 S. 5th St., Ste 840, Boise, ID 83702.

MetaGeek Terms of Service

Last Updated: August 6, 2018 PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES OR OTHER PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR WEBSITES OR OTHER PRODUCTS OR SERVICES. Should you have any questions concerning these Terms, please contact support@metageek.com.
These Terms of Service ("Terms") apply to your access to, and use of, the websites (including www.metageek.com and its subdomains) and other products and services (collectively, "Services" ) of MetaGeek, LLC ("MetaGeek," "we" or "us"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with MetaGeek for products or 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 be responsible to us if you violate these Terms.
MetaGeek reserves the right to change or modify these Terms at any time and in our sole discretion. If MetaGeek makes changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, by providing notice through the Services, or by updating the "Last Updated" date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.

1. Privacy Policy

Please refer to our Privacy Policy for information about how MetaGeek collects, uses, and discloses information about our users.

2. Your Account

To obtain access to certain Services, you may be required to obtain an account with MetaGeek (become a "Registered User"), by completing a registration form and designating an account name and password. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner.
Until you apply for and are approved by MetaGeek to become a Registered User, in MetaGeek’s sole discretion, your access to the Service will be limited to the areas of the Service that MetaGeek makes available to the general public. When registering with MetaGeek you must: (a) provide true, accurate, current and complete information about yourself as requested by the Service’s registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. We reserve the right to reclaim account names, or to take other reasonable action as necessary, on behalf of any business or individual that holds legal claim, including trademark rights, in a name.
Only you may use your Service account. You must keep your account and passwords confidential and not authorize any third party to access or use your account. You must contact us right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activities that take place with your account. MetaGeek will not be liable for any loss or damage arising from any unauthorized use of your accounts.

3. Eligibility

The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended or removed from the Services; and (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.

4. Subscription Types and Fees

Free Subscription. Unless you purchase a Paid Subscription, your access to the Services will be limited to the Services that MetaGeek makes available generally to registered users. MetaGeek will not provide technical support to subscribers who have not purchased a Paid Subscription. If you do not have a Paid Subscription, you may only use the Services for internal, non-commercial purposes, and MetaGeek will automatically collect certain information about your use of the Services. If you purchase a Paid Subscription, you may opt out of the collection of such information.
Paid Subscription. Additional applications and functionalities of the Services will be available for purchase on either an annual or monthly subscription basis at MetaGeek’s then current prices (“Paid Subscription”). If you purchase a monthly Paid Subscription, payments will be due monthly. If you purchase an annual Paid Subscription, payments will be due annually. All payments are final and are non-refundable. All payments due under these Terms of Service will be made: (a) by check or bank wire transfer, in immediately available funds; (b) by credit card on a recurring basis; and (c) in either case, in US Dollars within thirty (30) days of the invoice date.
The fees applicable for Service ("Fees") are available on the website and as published within the Service. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You are responsible for any applicable taxes not invoiced by MetaGeek. In addition to any Fees, you may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.
You must be authorized to use the payment method that you enter when you create your account. You authorize us to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force.
You must keep all information in your account current. You can access and modify your account information by logging into your account. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service. Your notice to us will not affect charges we submit to your account before we reasonably could act on your request.
Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.

5. Copyright and Limited License

Unless otherwise indicated on the Services or otherwise by MetaGeek, the Services and all content and other materials therein, including, without limitation, the MetaGeek logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of MetaGeek or our licensors or users and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Content; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the distribution, public performance or public display of any Content; (c) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; and (e) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of MetaGeek, 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. Unless explicitly stated herein or otherwise by MetaGeek, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Services and Content may contain software components and Content that are subject to separate license terms, in which case those license terms will apply to the access and use of such software components and Content.

6. Trademarks

"MetaGeek" and the MetaGeek logo and any other MetaGeek product or service names, logos or slogans that may appear on the Services are trademarks of MetaGeek, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MetaGeek or the applicable trademark holder. You may not use any metatags or other "hidden text" utilizing "MetaGeek" or any other name, trademark or product or service name of MetaGeek without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of MetaGeek 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 products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by MetaGeek.

7. Third-Party Content

MetaGeek may provide third-party content on the Services and may provide links to web pages and content of third parties (collectively, "Third-Party Content") as a service to those interested in this information. MetaGeek does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that MetaGeek is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

8. Suspension and Termination of the Service.

You may stop using the Services at any time. We reserve the right, to temporarily suspend or terminate your access to your account or the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause MetaGeek to have legal liability or disrupt others’ use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; or (e) unplanned technical problems and outages.

9. Acceptable Use

You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or MetaGeek. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by MetaGeek) to access or use the Service. In addition, you promise that you will not and will not encourage or assist any third party to:
modify, alter, tamper with the Service;
reverse engineer, disassemble or decompile the software used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;
use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any documentation or any other policy, instruction or terms applicable to the Service that are available on the Service ("Policies");
remove, obscure or alter any proprietary rights notice pertaining to the Service;
use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) that violates the intellectual property rights or rights to the publicity or privacy of others; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
interfere with or disrupt servers or networks used by MetaGeek to provide the Service or used by other users’ to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any software or the Service;
access or attempt to access MetaGeek’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means; or
share passwords or other access information or devices or otherwise authorize any third party to access or use the software or the Service.
MetaGeek reserves the right, in its sole discretion, to deactivate, change and/or require you to change your user ID for any reason or for no reason. MetaGeek may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.

10. Feedback

You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about MetaGeek and the Services ("Feedback"). Feedback, whether submitted through the Services or otherwise, is non-confidential and shall become the sole property of MetaGeek. MetaGeek shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. Indemnification

You agree to defend, indemnify and hold harmless MetaGeek and our partners, independent contractors, service providers and consultants and our respective directors, officers, employees and agents (collectively, the "MetaGeek Parties") from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) any Feedback you provide; and (c) your violation of these Terms.

12. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY METAGEEK, THE SERVICES AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. METAGEEK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT CONTAINED THEREIN. METAGEEK DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE METAGEEK ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, METAGEEK CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
MetaGeek reserves the right to change any and all Content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by MetaGeek. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.

13. Limitation of Liability

IN NO EVENT SHALL METAGEEK OR THE METAGEEK PARTIES BE LIABLE FOR ANY DIRECT, 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 OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM METAGEEK, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, 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 METAGEEK'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF METAGEEK, 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 ONE HUNDRED DOLLARS ($100.00).

14. Entire Terms of Service.

These Terms of Service including all documents referenced in these Terms of Service sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom.

15. Applicable Law; Arbitration

Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with MetaGeek and limits the manner in which you can seek relief from MetaGeek, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. You and MetaGeek agree that any dispute arising out of or related to these Terms of Service or our Services is personal to you and MetaGeek and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. 15.1 Arbitration Procedure. Except for small claims disputes in which you or MetaGeek seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or MetaGeek seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and MetaGeek waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Service or our Services resolved in court. Instead, for any dispute or claim that you have against MetaGeek or relating in any way to the Services, you agree to first contact MetaGeek and attempt to resolve the claim informally by sending a written notice of your claim (“Claim Notice”) to MetaGeek by email at legal@metageek.net or by certified mail addressed to MetaGeek, LLC, Attn: Legal Department 250 S. 5th St., Ste 840, Boise, ID, 83702. The Claim Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and MetaGeek cannot reach an agreement to resolve the claim within thirty (30) days after such Claim Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Boise, Idaho in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS website and is hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. You and MetaGeek agree that these Terms of Service affect interstate commerce and that the enforceability of this Section 15.1 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Service and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
15.2 Confidentiality of Arbitration Proceedings. The arbitrator, MetaGeek, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
15.3 Arbitration Fees and Award. You and MetaGeek agree that for any arbitration you initiate, you will pay the filing fee and MetaGeek will pay the remaining JAMS fees and costs. For any arbitration initiated by MetaGeek, MetaGeek will pay all JAMS fees and costs. You and MetaGeek agree that the state or federal courts of the State of Idaho and the United States sitting in Boise, Idaho have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
15.4 Time Limit to Claims. Any claim arising out of or related to these Terms of Service or our Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and MetaGeek will not have the right to assert the claim.
15.5 Notice of Opt-Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms of Service by emailing legal@metageek.net. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.6.
15.6 Governing Law and Venue. These Terms of Service will be governed by and construed in accordance with the laws of the State of Idaho applicable to agreements made and to be entirely performed within the State of Idaho, without resort to its conflict of law provisions. To the extent the applicable, the state or federal court in Boise, Idaho will be the jurisdiction in which any suits should be filed if they relate to these Terms of Service.

16. Assignment

Neither these Terms of Service nor any right or duty under these Terms of Service may be transferred, assigned or delegated by you, by operation of law or otherwise, without the prior written consent of MetaGeek, and any attempted transfer, assignment or delegation without such consent will be void and without effect. Subject to the foregoing, these Terms of Service will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

17. Waivers

No failure or delay (in whole or in part) on the part of a party to exercise any right or remedy hereunder will operate as a waiver thereof or effect any other right or remedy. All rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law. The waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default.

18. Notices

We may send you, in electronic form, information about the Services, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Services or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the Services. You may provide legal notice to us via email to legal@metageek.net with a duplicate copy sent via registered mail, return receipt requested, to the following address: MetaGeek, LLC, 250 S. 5th St., Ste 840, Boise, ID, 83702. Any such notice, in either case, must specifically reference that it is a notice given under these Terms of Service. By registering with MetaGeek, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and, (c) promotional information and materials regarding MetaGeek’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving certain electronic mail from us by following the opt-out instructions provided in the message.

19. Severability

If any provision of these Terms of Service is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms of Service will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms of Service is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms of Service so as to recreate the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

20. Force Majeure

Except for payments due under these Terms of Service, neither party will be responsible for any failure to perform, interruption, or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of service by any service providers being used by MetaGeek to link its servers to the Internet, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.

21. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, MetaGeek has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, account holders or other users of the Services who are deemed to be repeat infringers. MetaGeek may also, in our 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 believe that anything on the Services infringes any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent: Alison Dorsey
Address: 250 S. 5th St., Ste 840, Boise, ID 83702
Phone: 208.639.3140
Fax: 208-441-6483
Email: legal@metageek.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You also should note that if you knowingly make any material misrepresentation 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.

Privacy and Data Usage Policy

Your Privacy Matters

MetaGeek respects your privacy and is committed to protecting your personal data. This privacy policy tells you how MetaGeek uses your personal data when you visit our websites; interact with us; purchase or subscribe to our goods and services; and use our apps and software, collectively “Service”. This privacy policy also describes the choices MetaGeek offers you about the data we collect and use.
This privacy policy was last updated on July 7, 2021 and historic versions can be obtained by contacting us.

Data We Collect

MetaGeek collects Personal Data about you when you provide it directly to us, when third parties such as our business partners (e.g. companies with whom we integrate our Service) provide it to us, or when Personal Data about you is automatically collected in connection with your use of our Service. We collect the following Personal Data from you in connection with the Service:
Contact Information: information we collect to identify or contact you, we collect typical “business card information” such as your first and last name, physical address, email address, or telephone number. For example, this is the basic information that we collect when you register for our any of our Services.
Financial Account Information: information that you provide in connection with your purchase of the Service (or a purchase made through the Service), including credit card number, credit card expiration date, credit card verification code, bank account number, bank account title, bank name, branch location, and routing number. You must only provide us with Financial Account Information for accounts and credit cards that you have the lawful right to access.
Transaction Information: information related to transactions you conduct on the Service, including when you register for a webinar, event or download special content, and your interactions with the Service (for example the functionality you use and the links clicked on the Service).
User Account Information: information that identifies you to the Service, such as your user name, email address, password, and IP address. For example, we use this information to authenticate you when you log in to the Service, and use the IP address to help maintain your web session security while using the Service.
User Content: to the extent that you choose to input Personal Data as part of such content, images, comments, and other content, information, and materials that you post to or through the Service.
Log Data: information automatically recorded by the Service about how a person uses our Service, such as IP addresses, device and browser type, operating system, the pages or features of our Website or Service to which a user browsed, the time spent on those pages or features, the frequency with which the Service are used by a user, search terms used by a user, the links on the Service that a user clicked on or used, and other statistics.
Network Information: information about network performance and infrastructure, including IP address, access point vendor, and throughput test results. This information is required for the Service to provide network analysis and network performance history.
Usage Information: We also collect usage and performance information that is not Personal Data or that we aggregate or de-identify so that it no longer personally identifies an individual. We also associate some data that is not Personal Data with Personal Data.
We collect Personal Data when a user (i) creates an account (a “User Account”); (ii) logs into the Service; (iii) interacts with the Service; (iv) uploads or generates User Content; (v) communicates with us; and (vi) responds to a communication or interaction from us.
Some of the methods and tools we use to collect Personal Data are:
Unique Identifiers: We use unique identifiers such as cookies, e-mail or your pseudonymized customer ID to track individual usage behavior on our Service, such as the length of time spent on a particular page and the pages viewed during a particular log-in period. Unique identifiers collect information about a user’s use of our Service on an individual basis.
Cookies, Web Beacons, and Other Tracking Tools: We and our third party service providers collect information about you, your device, and your use of the Service through cookies, clear gifs (a.k.a. web beacons/web bugs) (“Web Beacons”), and other tracking tools and technological methods (collectively, “Tracking Tools”). These Tracking Tools help us learn more about our users and analyze how users use the Service, such as how often users visit our Service, what features they use, what pages they visit, what emails they open, and what other sites or applications they used prior to and after visiting the Service.
Cookies: Like many websites and mobile application operators, we collect certain information through the use of “cookies,” which are small text files that are saved by your browser when you access our Service. Cookies can either be “session cookies” or “persistent cookies”. Session cookies are temporary cookies that are stored on your device while you are visiting our Website or using our Service, whereas “persistent cookies” are stored on your device for a period of time after you leave our Website or Service. We use persistent cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Service, and how your use of the Service varies over time. We also use persistent cookies to measure the effectiveness of advertising efforts.
Web Beacons: Web Beacons help us better manage content on our Service by informing us what content is effective. Web Beacons are embedded in, or otherwise associated with, certain emails or other communications that you receive from us or our partners. Web Beacons help us track your responses and interests and deliver relevant content and services to you. For example, they may let us know when you take actions based on the emails that we send. Web Beacons also allow us to enhance our Behavioral Advertising (defined below), which is further discussed below in the section titled “Online Behavioral Advertising” below.
Social Media Widgets: Some parts of our Service may include social media features, such as the Facebook “like” button, and widgets, such as the “share this” button. These social media features are either hosted by a third party or hosted directly on our Service. When you use these tools, the party that provides the tool, the third party that operates the social media services, and/or we may receive Personal Data about you. By using these tools, you acknowledge that some information, including Personal Data, from your social media services will be transmitted to us, and that information is therefore is covered by this Privacy Policy, and some information, including Personal Data, may be shared with the third party services, and that information is therefore governed by their privacy policies.

How We Use Your Data

MetaGeek uses Personal Data to: (i) provide, administer, and improve our Service; (ii) better understand your needs and interests; (iii) fulfill requests you make; (iv) personalize your experience; (v) provide Service announcements; (vi) provide you with information and offers from MetaGeek and our business partners; (vii) protect, investigate, and deter against fraudulent, harmful, unauthorized, or illegal activity and (viii) comply with legal obligations.
For example, we use Personal Data to:

  • Operate and improve the Service.
  • Learn more about our users and their interactions with our Service.
  • Facilitate communications among and between users and the public in general.
  • Evaluate eligibility of customers for certain offers, products, or services.
  • Evaluate the types of offers, products, or services that may be of interest to users.
  • Provide user support.
  • Communicate with users regarding support, security, technical issues, commerce, marketing, and transactions.
  • Administer the Service, User Accounts, and transactions with respect to User Accounts.
  • Enforce our contracts, administering and carrying out our obligations under contracts, and complying with the law.
  • Publish aggregated data about usage trends, which may be derived from Personal Data.
  • Complete corporate transactions such as mergers, sales of assets, or bankruptcies.

How We Share Information

We share Personal Data with vendors, third party service providers, and agents who work on our behalf and provide us with services related to the Service.
These parties include:
Third parties who act for us or provide services for us, such as billing and credit card payment processing, maintenance, sales, marketing, administration, support, data enrichment, hosting, and database management services
Outside professional advisors (such as lawyers and accountants) for purposes related to the operation of our business such as auditing, compliance, and corporate governance
Legal Disclosures
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of MetaGeek, our customers, personnel, or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
Change in Control or Sale
We may also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

Your Choices and Obligations

Data Retention
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with the Service, and thereafter as set forth in our Service agreement with you (typically 30 days after termination of the Service, or sooner upon request (except as required by law)). In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. Upon disposal, we will destroy or render unreadable any such Personal Data. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
Rights to Access and Control Your Personal Data
You have certain rights with regard to personally data we have about you:
Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Service to you).
Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate.
Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).
Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form.
You can request access to your data, as well as modification or deletion on our website at: https://www.metageek.com/support/data-request.html
Closing Your Account
If you choose to close your MetaGeek account, we generally delete closed account information within 30 days of account closure, except as noted below.
We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed.

Other Important Information

Security
We believe the security of your information is a serious issue and we are committed to protecting the information we receive from you. We use commercially reasonable security measures to protect against the loss, misuse, and alteration of your information under our control based on the type of Personal Data and applicable processing activity, such as data encryption in transit, data encryption at rest (for customers that elect to purchase our “private cloud” solution), pseudonymization, and enforcement of least privilege and need-to-know principles.
We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
To the extent the Service requires you to provide any Financial Account Information, such as when you purchase subscriptions to the Service, that information will be collected and processed by third-party PCI-compliant service providers. We do not store Financial Account Information transmitted through the Service, provided that we do store (or our payment processor on our behalf will store) just the last four digits of your credit card number, if you provide this to us, to comply with credit card processing requirements of authorizations, charges and chargebacks.
Lawful Bases
We will only collect and process personal data about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the MetaGeek Service you have requested)) and “legitimate interests”.
Children
Our Service is not intended for children under the age of 16, and therefore, MetaGeek does not knowingly acquire or receive Personal Data from children under the age of 16. If we later learn that any user of our Service is under the age of 16, we will take appropriate steps to remove that user’s information from our account database and will restrict that individual from future access to the Service.
Changes to this Privacy Policy
The General Data Protection Regulation is new and the ICO is still issuing new bits of guidance about how businesses should follow it. So, you may see little updates to our privacy policy over the coming months. You will be notified of any changes.
Contact Information
If you have questions or complaints regarding this Policy, please first contact us via email at legal@metageek.com. You can also reach us by mail at MetaGeek, LLC, 250 S. 5th St., Ste 840, Boise, ID 83702.
https://www.metageek.com/support/data-request.html

MetaCare Assurance Plan
Software Maintenance Agreement

The MetaCare Assurance Plan is a new software maintenance agreement that entitles you to obtain and legally install future software updates for MetaGeek software. Your plan is valid for all updates released during the period the software maintenance agreement is in effect. Updates range from bug fixes, minor feature updates, major enhancements, and all the other wonderful changes we have in store.
MetaCare is provided by MetaGeek directly, whether you purchased your software from MetaGeek or through an authorized MetaGeek Reseller. The agreement is by default an annual contract - longer terms are available for purchase and will guarantee you have the most current and feature-rich versions of the Wi-Fi Troubleshooting tools you need.

Terms and Conditions

This Software Maintenance Agreement (“Agreement”) is entered into between MetaGeek, LLC (“MetaGeek”) and the party (“You”) identified in the corresponding order referencing this Agreement (“Order”). This Agreement becomes effective and You agree to be bound by its terms when You pay for the Software Maintenance (as defined below) (the “Effective Date”), but only if you have a current and valid license for the Software (as defined below) for which you are purchasing the Software Maintenance. If the person entering into this Agreement is doing so on behalf of a legal entity, such person represents that it has the legal authority to bind such legal entity to this Agreement. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Agreement agree as follows:

Definitions

When used in this Agreement with initial letters capitalized, in addition to terms defined elsewhere in this Agreement, the following terms have the following meanings:
“Software” means the specific version of the MetaGeek software product for which You are purchasing Software Maintenance as identified in the Order; and includes related explanatory written materials and files ("Documentation") relating thereto.
Software Update"" means a version of the Software that is classified by MetaGeek as a "maintenance" release that attempts to correct deficiencies and/or bugs affecting performance to the Software description.
"Software Upgrade" means a version of the Software, as classified by MetaGeek, which has been enhanced, improved and/or modified and replaces the existing version of the Software.
"Effective Date" means the date when the last valid maintenance period expired.

Maintenance

During the term of this agreement, MetaGeek will provide You with Software Updates and Software Upgrades for the Software along with other Documentation, that MetaGeek, in its sole discretion, makes available to you ( collectively, the “Software Maintenance”).
This Agreement does not authorize You to increase the licensed number of versions or copies of the Software. You will not: (i) use the Software Maintenance for any software for which you have not paid the applicable fee; or, (ii) transfer any prior version of the Software to any other person (and You will promptly destroy or archive any prior version of the Software). The use of all Software Updates, Software Upgrades and Documentation are governed by the license agreement under which you originally obtained the Software.

Payment

You will pay MetaGeek, the amount identified in the Order in advance of receiving the Software Maintenance. Your payment will be immediately applied via the applicable payment methods described on MetaGeek’s website or any pre-approved terms set by MetaGeek, in its sole discretion.

Term, Termination, Renewal

This Agreement commences on the Effective Date and continues to be in effect for a period equal to the term purchased in the Order. Notwithstanding the foregoing, this Agreement will immediately and automatically terminate if You fail to comply with its terms or the terms under which you originally obtained the Software, or upon notice posted on MetaGeek’s web site (www.metageek.com).
Following the expiration of this Agreement, MetaGeek may, in its sole discretion, allow you to obtain new maintenance services pursuant to a separate agreement at MetaGeek’s website or through an authorized MetaGeek distributor or reseller. Once this Agreement expires, You will no longer be eligible to receive any Software Maintenance (including Software Upgrades or Software Updates that are released), unless you purchased new maintenance services pursuant to such separate agreement.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE MAINTENANCE (INCLUDING ANY SOFTWARE, SOFTWARE UPDATE, SOFTWARE UPGRADE OR DOCUMENTATION) IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND; AND, METAGEEK HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NOT LIMITING THE FOREGOING, METAGEEK DOES NOT WARRANT THAT THE SOFTWARE MAINTENANCE WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT THE USE OF THE SOFTWARE MAINTENANCE WILL BE ERROR FREE, UNINTERRUPTED OR FREE OF HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL METAGEEK HAVE ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING LOSS OF DATA, LOST PROFITS, OR COST OF COVER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF METAGEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN NO EVENT WILL METAGEEK’S TOTAL AND CUMULATIVE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO METAGEEK UNDER THE ORDER.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You.

General

This Agreement is governed by the internal laws of the State of Idaho, United States of America, without regard to conflict of law principles. You will only bring actions under this Agreement in the state or federal courts for Ada County Idaho; and, You hereby consent to the jurisdiction and venue of such courts in any actions arising under or related to this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any part of this Agreement is found unenforceable, it will not affect the validity or enforceability of any other provision of this Agreement. No amendment, modification, or waiver of any provision of this Agreement will be effective unless it is set forth in a writing signed by an authorized officer of MetaGeek. Except as explicitly referenced in this Agreement, this Agreement constitutes the complete agreement between You and MetaGeek with respect to the Software Maintenance and supersedes all proposals, oral, or written, all previous negotiations, and all other communications. You may not assign, by operation of law or otherwise, this Agreement or any right or duty arising hereunder to a third party without MetaGeek’s prior written consent; and, any purported assignment in violation of the foregoing will be void.

Note on TamoGraph Site Survey Pro:

Because of the license delivery mechanism of .sslic files, all TamoGraph Pro sales are final. We encourage you to try out an evaluation version of TamoGraph before purchasing by visiting www.tamos.com/download/main/ .