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TERMS OF USE and PRIVACY STATEMENT
Terms of Use
Welcome to the
www.metrotech.com, Metrotech Corporation’s Internet Website
("Site"). Please review these Site Terms of Use which govern your use
of information and services available on this Site. By accessing, browsing, or
using this Site, you acknowledge that you have read, understood, and agreed to
be bound by these terms. Metrotech
controls and operates this Site from its offices within the United States.
Claims relating to, including the use of, this Site and the materials contained
herein are governed by the laws of the United States and the State of
California.
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site
including all images, illustrations, designs, photographs, video clips,
writings and other materials that appear herein are copyrights, trademarks, or
other intellectual property owned, controlled, or licensed (all of which,
collectively, are herein referred to as the "Contents") by Metrotech
Corporation or its subsidiaries and affiliates ("Metrotech") or are
the property of their respective owners. The name Metrotech and the Metrotech
logo are registered marks of Metrotech Corporation.
Permission is
granted to display, copy, distribute, download, and print in hard copy portions
of this Site for the purposes of (i) placing an order with Metrotech or (ii)
using this Site as an online purchasing, technical, product, application and
training information resource for users of Metrotech equipment, provided you do
not modify the Site and that you retain all copyright and other proprietary
notices contained in the Contents.
LICENSE AND SITE ACCESS
Metrotech grants you a limited license to
access and make personal use of this Site and not to download (other than page
caching) or modify it, or any portion of it, except with express written
consent of Metrotech. This license does not include any resale or commercial
use of this Site or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of this Site or its
contents. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of Metrotech. Any unauthorized
use terminates the permission or license granted by Metrotech.
DISCLAIMER OF WARRANTY
METROTECH IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS
IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH METROTECH BELIEVES THE CONTENT TO BE
ACCURATE, COMPLETE, AND CURRENT, METROTECH DOES NOT REPRESENT OR WARRANT THAT
THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
Price and availability information is subject to change without notice.
DISCLAIMER
OF LIABILITY
IN NO EVENT SHALL METROTECH BE LIABLE FOR SPECIAL, INDIRECT,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT
NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF
ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER
TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR
DISPLAY OF THE CONTENTS OF THIS SITE. In an effort to provide our customers
with the most current information, Metrotech will, from time to time, make
changes in the Contents and in the products or services described on this Site.
USER
COMMENTS, FEEDBACK, AND OTHER INFORMATION SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you
transmit to this Site or otherwise provide to Metrotech
("Transmissions") shall be and remain Metrotech’s property.
All
Transmissions will be treated as non-confidential and non-proprietary and
Metrotech shall be under no obligation of any kind with respect to such
information and shall be free to reproduce, use, disclose, and distribute the
Transmissions to others without limitation. Additionally, Metrotech shall be
free to use any ideas, concepts, know-how, or techniques contained in such
information for any purpose whatsoever including, but not limited to,
developing, manufacturing, or marketing products incorporating such
information.
In addition,
you agree, and are hereby put on notice, that you are prohibited from posting
or transmitting to or from this Site any unlawful, threatening, libelous,
defamatory, inflammatory, pornographic, or profane material or any other
material that could give rise to any civil or criminal liability under law. You
are solely responsible for the content of any comments you make.
TERMS
OF USE REVISIONS
Metrotech may revise these terms of use by updating this
posting. You agree that in the event any portion of these Site Terms of Use are
found to be unenforceable, the remainder of these Site terms and conditions
shall remain in full force and effect. By using this Site you agree to be bound
by any such revisions and should therefore periodically visit this page to
determine the then current terms of use to which you are bound.
PRIVACY STATEMENT
It is in
Metrotech’s business interest to respect and protect the privacy of our
customers and the users of metrotech.com (the "Site"). Please read
the following Internet Privacy Statement carefully.
Placing Orders and Information
Collection
Metrotech
collects information from the users of the Site at several different points on
the Site. For example, we collect and/or request information when a user
registers for a training seminar, registers a product online, purchases a
product or service online, participates in an online or email survey or
contest, requests product literature or submits e-mail communication.
In order to fulfill the requests of Site users in the above instances, the user
may be requested to provide contact and/or credit card information. If we have
difficulties processing an order, a request, or completing a delivery, this
contact information will be used by Metrotech to contact the user.
Gathering and Sharing of Information,
Links to External Websites
We may monitor traffic patterns on the Site and gather broad
demographic information for aggregate use to analyze trends and administer the
Site in order to improve its layout and design and to permit Site
personalization and streamlining to create the best viewing and shopping
experience we can for our users. In order to perform analysis permitting such
personalization and improvement of site design and user experience, we may
employ suitable third parties with whom we share the information necessary to
accomplish these objectives.
We use credit card processing companies to bill e-store users for product
purchases from the Site. Depending on
the type of products being ordered and where they are being shipped, we might
share information related to product purchases with third-party service
provides such as shipping companies, distributors and manufacturer’s
representatives necessary to assist in fulfilling and delivering orders and
equipment training needs.
Further, we frequently interact with third parties such as distributors,
manufacturer’s representatives, and other equipment or service providers to
provide Site users, Metrotech customers and equipment users with offers or
services which may be of value to them. You will be able to update your user
profile with a preference for not receiving electronic promotional or
informational material from Metrotech.com. However, it is beyond Metrotech’s
control to influence any third party usage of personal information received
from Metrotech in the past and you would need to contact the third party
directly to stop any unwanted communication.
Metrotech will always reserve the right to provide personal identifying and
account information to third parties in special cases such as enforcement of
our Terms of Use, or as required by law or legal process to protect and defend
the rights and safety of our Site and its users.
Our Site also contains links to external Internet sites, which may be operated
by an external party or affiliated company and they may have privacy practices
that differ from those at metrotech.com. We encourage you to become familiar
with that party's privacy policies as these may differ from those utilized on
our Site. Please note that this privacy statement applies solely to information
collected by Metrotech on our Site and, while we strongly support the
protection of privacy on the Internet, we cannot be responsible for the privacy
practices of other Websites, uses of the information collected by other
Websites, or the content of those other Websites.
Consent
By using our Site, the user agrees to the terms and conditions set
forth in this Internet Privacy Statement and the Site Terms of Use INCLUDING
ALL LIMITATIONS OF DAMAGES PROVISIONS which are an integral part hereof and the
user consents to the collection and use of this information by Metrotech as
disclosed in this Internet Privacy Statement. We may revise this Internet
Privacy Statement or the Site Terms of Use at any time by updating these
postings. By using this Site you agree to be bound by any such revisions in
effect at the time of use and should therefore periodically visit this page and
the Site Terms of Use page to determine the then current policies applicable to
users of the Site.
Security Information
We take credit card information security seriously and use
appropriate technical solutions to make online-purchasing safe at our Site.
Your information is encrypted and is protected utilizing the industry standard
Secure Sockets Layer (SSL) encryption software. While on a secure page, such as
our order form, the lock icon on the bottom of Web browsers such as Netscape
Navigator and Microsoft Internet Explorer becomes locked, as opposed to
un-locked, or open, when you are just 'surfing'.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. Metrotech reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole
discretion.
Online or email surveys and Contests
From time-to-time
we may request information from the users of the Site via online or email
surveys or contests. Participation in these surveys or contests is completely
voluntary, and the users of the Site have a choice whether or not to disclose
this information. Information requested may include contact information (such
as your name and shipping address), and demographic information (such as zip
code, type of organization, job responsibility, equipment owned, etc.). We may use the information collected to
enhance product and service offerings, gather market and competitive
intelligence, promote our company’s products and services, etc.
Special Offers and Opting Out
Metrotech occasionally sends our customers and the users of the Site
announcements and updates, which contain important information about the Site
and service offerings which we believe to be of value to our customers and
users. In order to do this, we may enhance or merge the information we collect
on the Site with data from third parties for purposes of marketing products or
services to our customers and users.
We may communicate with the users of the Site via e-mail, telephone, mail, or
fax in order to provide requested services, content, product information,
notification of special offers, or in regard to customer service issues
relating to an account. In the user profile section of the Site, the users of
the Site are given the opportunity to 'opt-out' of having their online
information used for purposes not directly related to the Site or services
requested by the user while using the Site.
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