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Terms of Use

The following are terms of a legal agreement between you and CyberMetrics. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.

CyberMetrics may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. CyberMetrics may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

General

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see the section entitled “Copyright and trademark information” for related information.

This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without CyberMetrics' prior written consent, except that CyberMetrics grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, CyberMetrics does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.

Certain Disclaimers

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. CyberMetrics assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

CyberMetrics provides no assurances that any reported problems will be resolved by CyberMetrics, even if CyberMetrics elects to provide information with the goal of addressing a problem.

Confidential Information

CyberMetrics does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to CyberMetrics will be deemed NOT to be confidential. By sending CyberMetrics any information or material, you grant CyberMetrics an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that CyberMetrics is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to CyberMetrics for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the section entitled “Privacy Policy” for information.

Government Restricted Rights

CyberMetrics provides the software downloaded from this Web site to U.S. Government users with “RESTRICTED RIGHTS." Use, reproduction, or disclosure is subject to the restrictions set forth in the GSA Schedule contract.

Global Availability

Information CyberMetrics publishes on the World Wide Web may contain references or cross references to CyberMetrics products, programs and services that are not announced or available in your country. Such references do not imply that CyberMetrics intends to announce or make available such products, programs, or services in your country. Please consult your local CyberMetrics business contact for information regarding the products, programs, and services that may be available to you.

Business Relationships

This Web site may provide links or references to non-CyberMetrics Web sites and resources. CyberMetrics makes no representations, warranties, or other commitments whatsoever about any non-CyberMetrics Web sites or third-party resources that may be referenced, accessible from, or linked to any CyberMetrics site. A link to a non-CyberMetrics Web site does not mean that CyberMetrics endorses the content or use of such Web site or its owner. In addition, CyberMetrics is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a CyberMetrics site. Accordingly, you acknowledge and agree that CyberMetrics is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-CyberMetrics Web site, even one that may contain the CyberMetrics logo, please understand that it is independent from CyberMetrics, and that CyberMetrics does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to This Site

All links to this Web site must be approved in writing by CyberMetrics, except that CyberMetrics consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with CyberMetrics; (c) imply that CyberMetrics approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about CyberMetrics or otherwise damage the goodwill associated with the CyberMetrics name or trademarks. As a further condition to being permitted to link to this site, you agree that CyberMetrics may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any CyberMetrics trademark.

Translations

Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and CyberMetrics makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person.

Disclaimer of Warranty for Additional Conditions

DISCLAIMER OF WARRANTY - USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CYBERMETRICS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CYBERMETRICS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY - IN NO EVENT WILL CYBERMETRICS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CYBERMETRICS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

 

Privacy Policy

Your privacy is important to CyberMetrics. This statement discloses the information practices for CyberMetrics Web sites, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared.

CyberMetrics Corporation abides by the Safe Harbor framework as set forth by the United States Department of Commerce regarding the collection, use and retention of information collected from the European Union by a Web site on the CyberMetrics.com domain.

Personal Information

In general, you can visit CyberMetrics on the Internet without telling us who you are and without giving any personal information about yourself. There are times, however, when we or our partners may need information from you.

You may choose to give us personal information in a variety of situations. For example, you may want to give us information, such as your name and address or email address, to correspond with you, to process an order, or to provide you with a subscription. You may give us your credit card details to buy something from us or a description of your education and work experience in connection with a job opening at CyberMetrics for which you wish to be considered. We intend to let you know how we will use such information before we collect it from you; if you tell us that you do not want us to use this information to make further contact with you beyond fulfilling your requests, we will respect your wishes. If you give us personal information about somebody else, such as a spouse or work colleague, we will assume that you have their permission to do so.

Using and Sharing Personal Information

The following paragraphs describe in more detail how CyberMetrics may use your personal information and with whom we may share it. Depending on the type of CyberMetrics Web site you are visiting, one or more of the paragraphs may apply. For example, if you order a product from a CyberMetrics Web site, your information will be handled as described in such paragraphs as Fulfilling Your Transaction Request and Marketing Use.

Fulfilling Your Transaction Request

If you request something from a CyberMetrics Web site, for example, a product or service, a callback, or specific marketing materials, we will use the information you provide to fulfill your request. To help us do this, we may share information with others, for instance, other parts of CyberMetrics, CyberMetrics' Business Partners, financial institutions, shipping companies, postal or government authorities (for example, Customs authorities) involved in fulfillment. In connection with a transaction, we may also contact you as part of our customer satisfaction surveys or for market research purposes.

Marketing Use

The information you provide to CyberMetrics on certain CyberMetrics Web sites may also be used by CyberMetrics and selected third parties for marketing purposes. Before we use it, however, we will offer you the opportunity to choose whether or not to have your information used in this way.

CyberMetrics Human Resources Web Sites (Including Recruitment)

In connection with a job application or inquiry, whether advertised on a CyberMetrics Web site or otherwise, you may provide us with information about yourself, such as a resume or curriculum vitae. We may use this information throughout CyberMetrics and its related entities for the purpose of employment consideration or your inquiry. Except where you tell us not to, we will keep the information for future consideration.

Information for Business Partners

If you represent a CyberMetrics Business Partner, you may visit a CyberMetrics Web site intended specifically for CyberMetrics Business Partners. We may use information provided on that site to administer and develop our business relationship with you, the Business Partner you represent, and CyberMetrics Business Partners generally. For instance, this may involve using your information to send you details of CyberMetrics Business Partner programs. It may also include sharing certain information with other Business Partners (subject to any confidentiality obligations that may exist), or CyberMetrics customers or prospects. In connection with a particular transaction or program, we may also contact you as part of customer satisfaction surveys or for market research purposes.

CyberMetrics Supplier Administration

If you represent a CyberMetrics supplier, you may visit a CyberMetrics Web site intended specifically for use by CyberMetrics suppliers. We may use the information provided on that site in connection with entering into or performing a transaction with you. For example, this may include sharing information with other parts of CyberMetrics, CyberMetrics' Business Partners, customers, shipping companies, financial institutions or postal or government authorities involved in fulfillment. It may also be used to administer and develop our relationship with you, the supplier you represent and/or other CyberMetrics suppliers generally.

CyberMetrics Discussion Forums and Chat Rooms

If you participate in a CyberMetrics discussion forum or chat room, you should be aware that the information you provide there will be made broadly available to others, potentially inside or outside CyberMetrics, who have access to that discussion forum or chat room. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. Each participant's opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of CyberMetrics.

Other CyberMetrics Web Site Notices

In some cases, specific CyberMetrics Web sites may contain other notices about their use and the information practices applicable to those sites.

Our Worldwide Practices

CyberMetrics is a global organization, with legal entities, business processes, management structures, and technical systems that cross borders. Our privacy practices are designed to provide protection for your personal information all over the world. We may share your personal information within CyberMetrics and transfer it to countries where we do business. Some countries may provide less legal protection for your information. In such countries, CyberMetrics will still handle information in the manner we describe here.

Information Security and Quality

We intend to protect your personal information and to maintain its quality. We implement appropriate measures and processes, such as using encryption when transmitting certain sensitive information, to help us to keep your information secure and to maintain its quality.

Supplementing Information

From time to time we may supplement information you give us via a CyberMetrics Web site with information from other sources, such as information validating your address or other available information about businesses. This is to help us maintain the accuracy of the information we collect and to help us provide a better service.

Use of Suppliers

In some cases CyberMetrics uses suppliers to collect, use, analyze and otherwise process information on its behalf. It is CyberMetrics' practice to require such suppliers to handle information in a manner consistent with CyberMetrics' policies.

Mergers and Acquisitions

Circumstances may arise where, whether for strategic or other business reasons, CyberMetrics decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers. It is CyberMetrics' practice to seek appropriate protection for information in these types of transactions.

Cookies, Web Beacons and other Technologies

We sometimes collect non-identifiable information from visits to our Web sites to help us provide better customer service. For example, we keep track of the domains from which people visit, and we also measure visitor activity on CyberMetrics Web sites, but we do so in ways that keep the information non-identifiable. This information is sometimes known as "clickstream data." CyberMetrics or others on CyberMetrics' behalf may use this data to analyze trends and statistics and to help us provide better customer service.

Also, when we collect personal data from you in a transaction, we may extract some information about that transaction in a non-identifiable format and combine it with other non-identifiable information such as clickstream data. This information is used and analyzed only at an aggregate level to help us understand trends and patterns. This information is not reviewed at an individual level. If you do not want your transaction details used in this manner, you can disable your cookies.

We collect the information we mentioned in the previous paragraphs through the use of various technologies, including one called "cookies". A cookie is a piece of data that a Web site can send to your browser, which may then be stored on your computer as an anonymous tag that identifies your computer but not you. Some CyberMetrics pages use cookies, sent by CyberMetrics or its third party vendors, or other technologies to better serve you when you return to the Web site. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do so, however, some Web sites may not work properly.

Some CyberMetrics Web sites also use Web beacon or other technologies to better tailor those sites to provide better customer service. These technologies may be in use on a number of pages across CyberMetrics' Web sites. When a visitor accesses these pages, a non-identifiable notice of that visit is generated which may be processed by us or by our suppliers. These Web beacons usually work in conjunction with cookies. If you don't want your cookie information to be associated with your visits to these pages, you can set your browser to turn off cookies.

If you turn off cookies, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.

Service Quality Monitoring

Certain Web transactions may also involve your calling us or our calling you. Please be aware that it is CyberMetrics' general practice to monitor and in some cases record such calls for staff training or quality assurance purposes.

Online Advertising

Certain companies help us deliver interactive online advertising such as banner ads. These companies may collect and use information about customers to help us better understand the offers, promotions, and types of advertising that are most appealing to our customers. After it is collected the information is aggregated so it is not identifiable to a specific individual. If, however, you would prefer that these companies not collect such information, please visit www.networkadvertising.org and follow the "opt-out" instructions.

Personalized URL Link

On occasion, we may personalize and customize Web sites for certain visitors. If you visit one of these sites, you may find it customized with references to products and/or services that we believe may be of interest to you, based on your previous interactions with CyberMetrics and information you have provided to us. While you are visiting these Web sites, we may collect information about your visit to better tailor the site to your interests. An invitation to visit one of these Web sites is usually presented as a personalized URL in an email, a notice on a Web site registration page, or as a response to your logging on to a certain Web site.

If you choose to visit one of these Web sites, you are agreeing to let CyberMetrics collect information about your visits and also to its association with other information about you and your relationship with CyberMetrics. If you do not wish your information to be used in this way, do not accept the invitation to visit these sites.

Disclosures Required by Law

Please be aware that in certain circumstances, it is possible that personal information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders.

Privacy Technology

Technology will increasingly help give you more control over your personal information. It will also help organizations to manage their privacy practices and policies. As an information technology provider, CyberMetrics actively supports the development of privacy technologies to help achieve these goals and to help create greater trust and confidence in the way personal information is handled.

Products and services are available which can assist you with the control of your personal information while navigating the Web. See http://www.privacyalliance.org/resources/rulesntools.shtml for an overview of many privacy-related tools. Please note that CyberMetrics has not formally evaluated these tools.

Links to Non-CyberMetrics Web Sites

CyberMetrics Web sites may contain links to other Web sites. CyberMetrics is not responsible for the privacy practices or the content of those other Web sites.

Notification of Changes

This privacy statement was last updated on June 27, 2008. A notice will be posted on our Web site home page for 30 days whenever this privacy statement is changed in a material way.

Privacy Questions and Access

If you have a question about this statement, you can send an email to the CyberMetrics Web site coordinator. The address for this is webmaster@CyberMetrics.com. You can also contact us at this address if you have a question about CyberMetrics' handling of your information.

If you wish to obtain a copy of particular information you provided to CyberMetrics, or if you become aware the information is incorrect and you would like us to correct it, contact us at support@cybermetrics.com.

Before CyberMetrics is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. We will endeavor to respond within an appropriate timeframe.

If you have questions or concerns regarding the site's privacy statement, you should first contact CyberMetrics directly.

This Web site is maintained by CyberMetrics Corporation or one of its divisions or subsidiaries around the world.

 

Copyright and Trademarks

© 2014 CyberMetrics Corporation. All rights reserved.

Government Users Restricted Rights - Use, duplication or disclosure restricted by GSA ADP Schedule Contract with CyberMetrics Corp.

CyberMetrics web site pages may contain other proprietary notices and copyright information which should be observed.

Trademarks Owned by CyberMetrics

This is a current listing of United States trademarks owned by CyberMetrics. Please note that laws concerning use and marking of trademarks or product names vary by country. Always consult a local attorney for additional guidance.

Not all common law marks used by CyberMetrics are listed on this page. Because of the large number of products marketed by CyberMetrics, CyberMetrics' practice is to list only the most important of its common law marks. Failure of a mark to appear on this page does not mean that CyberMetrics does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market.

Those trademarks followed by ® are registered trademarks of CyberMetrics in the United States; all others are trademarks or common law marks of CyberMetrics in the United States.

This list is not a comprehensive list of all CyberMetrics trademarks. Last Updated: January 1, 2010:

CalPro®
CyberCalc
CyberMetrics and the CyberMetrics Corporation logo
CyberSensor®
FaciliWorks®
FaciliWorks® 8i
FaciliWorks® TMS
GAGEstat
GAGEtrak FastTrak®
GAGEtrak®
GAGEtrak® TCS
SafetyPro®
Scalable, Accessible and Comprehensive
SCRAPtrak
Smart, Fast and Competitive
SUPPLIERtrak®
TaskPro®
Total Calibration Solution
Total Maintenance Solution

Attribution

The listed trademarks of the following companies require marking and attribution:

Adobe, the Adobe logo, PostScript, and the PostScript logo are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States, and/or other countries.

Intel, Intel logo, Intel Inside, Intel Inside logo, Intel Centrino, Intel Centrino logo, Celeron, Intel Xeon, Intel SpeedStep, Itanium, and Pentium are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries.

Office Java and all Java-based trademarks and logos are trademarks of Sun Microsystems, Inc. in the United States, other countries, or both.

Linux is a registered trademark of Linus Torvalds in the United States, other countries, or both.

Microsoft, Windows, Windows NT, and the Windows logo are trademarks of Microsoft Corporation in the United States, other countries, or both.

UNIX is a registered trademark of The Open Group in the United States and other countries. Other company, product, or service names may be trademarks or service marks of others.