Terms of Service

These terms are considered a Legally binding agreement.

This agreement is in effect as of October 8, 2014, and was last updated on November 17, 2014.

By using Meter Trainer and/or signing up for an account, you’re agreeing to these Terms. Meter Trainer LLC, also referred to as “Meter Trainer”, “the Service”, “MeterTrainer.com”, or “MeterTrainerApp.com” is a website (Web Application) that provides a service that allows companies to assign and view quizzes taken by their employees and focuses on meter reading in regards to public utilities. For the purpose of this document we will refer to us as “Meter Trainer”. As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”).

These Terms of Use define the terms and conditions under which you’re allowed to use Meter Trainer and how we will utilize your account. These terms include our Privacy Policy.

If you have any questions about our terms, feel free to contact us through our website, via email, or phone.

ACCOUNT

Eligibility

In order to use Meter Trainer, you must have an active user account created by the Company that owns the current Meter Trainer usage license. By using Meter Trainer you warrant that you won’t use Meter Trainer in a way that violates any laws or regulations. Meter Trainer may refuse service, close accounts of any users, and change eligibility requirements at any time for any violations of this agreement.

2. Term

The Term begins when payment has been received for your Meter Trainer license, and continues for the duration of your contract. By signing into the Meter Trainer Website you’ve officially agreed to the Terms of Meter Trainer. If you sign up for Meter Trainer on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or Meter Trainer may terminate this Agreement at any time and for any reason by giving written Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause we may, at our discretion, refund a prorated portion of your purchase price. We will not refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, including all testing results. If you don’t log in to your account for 18 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Meter Trainer. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords or equipment holding those passwords. We don’t have access to your current password, and for security reasons, we may only reset your password via email confirmation. All passwords will be required to meet a certain criteria established in the account registration process.

6. Account Disputes

We don't arbitrate disputes over who owns an account. You won't request access to our information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the person/business that provided payment for the services and signed the usage contract.

PAYMENT

7. Annual Plan

Our charges for annual plans are posted on our Website and may be changed at any time, but will not affect any already agreed upon contracts. Annual plans will be effective from the first day of the month on which payment is received through the first day of the same month in the following year. Payment is due in full at the time the contract goes into effect.

8. Lifetime Plan

Our charges for lifetime plans are posted on our Website and may be changed at any time, but will not affect any already agreed upon contracts. Lifetime plans will be effective from the day on which payment is received through the same day/month 10 years from the purchase date. Payment is due in full at the time the contract goes into effect. Meter Trainer may continue to support the application past this date, but is under no legal, contractual, or moral obligation to do so.

9. Active User Limit

Account holders must adhere to an agreed-upon active user limit. To increase the allowed active user limit, a new contract rate will be established by Meter Trainer; pro-rated for the remainder of the contract length, and payment must be received before the new user limit will go into effect. An Active User is any user for which an account exists in Meter Trainer and is in active status.

10. Refunds

Refunds may be requested within 7 day of completing the contract for Meter Trainer in writing via email, or certified mail. Requests for refunds will not be fulfilled if submitted after 7 days of the contract start date.

11. Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Contracts that are already agreed upon will not be affected by any new pricing structures until the time of agreeing to a new contract.

RIGHTS

12. Proprietary Rights Owned by Meter Trainer

All materials contained within the Meter Trainer website are proprietary property of Meter Trainer LLC and are not to be reproduced in any fashion without prior consent from Meter Trainer. Training materials and testing modules are not to be administered in any fashion other than through the existing web application.

13. Privacy Policy

We will only use your information for reasons explained in our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

RULES AND ABUSE

14. General Rules

You agree to abide by these rules:

  1. You shall not use, or assist others in using Meter Trainer, except pursuant to the ways in which it is intended as outlined in the terms of this Agreement.
  2. You will not use the Meter Trainer service in any way that goes against any agreements or contracts you have entered with Meter Trainer including the criteria set forth in this agreement.
  3. You shall not attempt to reverse engineer, decrypt, analyze, hack into, duplicate, replicate, or compromise any aspects, features, components, sources, or scripts of Meter Trainer and its websites. Including, but not limited to, the HTML and other source code of MeterTrainer.com.
  4. You shall only access or attempt to access accounts belonging to you as laid out in your contract and belonging to your Meter Trainer corporate account.
  5. You shall not alter any legal notices, including this agreement.
  6. You shall not provide access to anyone that you know intends on violating this agreement.
  7. You shall not download, copy, distribute, record, or print any files or pages that are contained within the Meter Trainer website.
  8. You shall not use this software in anyway or for any purpose that would violate, or could be considered as violating, any laws.
  9. All user accounts are intended to be assigned to and used by one person. At no time should the same user account be used by multiple persons (either concurrently or separately) to access the Meter Trainer website and materials.
  10. All companies are required to operate within the agreed upon active user limit established at the time of the contract agreement. If a company has reached its active user limit, a new agreement must be agreed upon to increase the active user limit, or active user accounts must be deleted to allow room for new active users. When an active user account is deleted, all information associated with that account will no longer be made available including test results.
  11. All training & testing materials are property of Meter Trainer LLC, and are not permitted to be downloaded or redistributed in any fashion.
  12. If you violate any of these rules, then we may suspend or terminate your account.

LIABILITY

15. Limitation of Liability

You are assuming full responsibility for any loss that you may inquire from the use of Meter Trainer. Meter Trainer will not be held liable for any damages under any circumstances. Our total liability for all claims made regarding our service will be no more than a prorated figure of one years worth of service.

16. No Warranties

To the maximum extent permitted by law, the materials and services provided on the Website are provided as-is. There is no warranty of any kind, either express or implied, offered with these services.

17. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

18. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

19. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

FINE PRINT

20. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

21. Choice of Law

The State of Ohio’s laws, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Ohio, and each party will be subject to the jurisdiction of those courts.

22. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

23. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

24. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Meter Trainer Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

25. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

26. Notification of Security Breach

In the event of a security breach that may affect you or any of your active users, we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to any active users you agree to provide the notification within 2 business days.

27. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Meter Trainer LLC, Northwest Registered Agent Service, Inc. 2012 W. 25th #501 Cleveland, Ohio 44113

28. Entire Agreement

These Terms, and our Privacy Policy(both of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings