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TERMS AND CONDITIONS
GOVERNING THE METRATECH WEB SITE
This web site (the "Site") is owned and operated by MetraTech
Corp. ("MetraTech"). By using this Site, you agree to comply
with and to be bound by the terms and conditions contained within this
posting. MetraTech reserves the right to change the terms and conditions
governing the use of the Site at any time without notice by updating this
posting. Please review these terms and conditions carefully before using
the Site and before any subsequent visit to the Site. If you do not agree
to these terms and conditions, you should exit the Site immediately. In
addition, when using any particular service of the Site or accessible
via the Site, you may be subject to additional terms and conditions applicable
to such service that may be posted from time to time or that may be set
forth in a separate written agreement between you and MetraTech relating
to such service.
Proprietary Rights.
The Site Is Proprietary to MetraTech. All the text, images, marks, logos
and other content of the Site ("Site Content") is proprietary
to MetraTech or to third parties from whom MetraTech has obtained permission.
MetraTech authorizes you to view, download, and print the Site Content
provided that: (i) you may only do so for your own personal and non-commercial
use; (ii) you may not copy, publish or redistribute any Site Content;
(iii) you may not modify Site Content; and (iv) you may not remove any
copyright, trademark, or other proprietary notices that have been placed
upon or within the Site Content by MetraTech. Except as expressly permitted
in the preceding sentence, any reproduction or redistribution of the Site
Content, or any portion of the Site Content, is strictly prohibited without
the prior written permission of MetraTech. To request permission you may
contact MetraTech at webmaster@metratech.com.
You represent and warrant that your use
of Site Content will be consistent with this license and will not infringe
or violate the rights of any other party or breach any contract or legal
duty to any other parties.
Use Of The Site.
The Site is designed to provide useful information about MetraTech and
our products and services. The Site does not provide specific recommendations
for any particular situation or circumstances.
Links To Third Party Sites Are Not Endorsements.
The Site contains links to third-party web sites. The linked sites are
not under the control of MetraTech, and MetraTech is not responsible for
the contents or policies of any linked site. MetraTech provides these
links as a convenience only, and a link does not imply endorsement of,
sponsorship of, or affiliation with the linked site by MetraTech. Links
to merchants or advertisers are owned and operated by independent retailers
or service providers, and therefore, MetraTech cannot ensure that you
will be satisfied with their products, services or practices. You should
make whatever investigation you feel necessary or appropriate before proceeding
with any transaction with any of these third parties.
Warranty Disclaimers And Limitations
Of Liability.
MetraTech makes no representation of any kind regarding the Site Content
or any portion thereof. ALL SITE CONTENT IS
PROVIDED IN "AS IS" CONDITION, AND METRATECH EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT
TO THE SITE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR
USE. MetraTech also expressly disclaims any warranty or representation
as to the accuracy or proprietary character of the Site.
By using the Site; you waive and covenant
not to assert any claims or allegations of any nature arising from or
relating to your use of the Site, including, without limitation, all claims
and allegations relating to the alleged infringement of proprietary rights,
any alleged inaccuracy of Site Content, or any allegations that MetraTech
has or should indemnify, defend, or hold you harmless from any claim or
allegation arising from your use, republication or other exploitation
of the Site.
YOU USE THE SITE AT YOUR OWN RISK, AND NEITHER METRATECH NOR ANY THIRD
PARTY WHO PROVIDES INFORMATION AND MATERIALS FOR PUBLICATION WITHIN THE
SITE WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING
TO YOUR USE OF THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION,
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES
(INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS
OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, EVEN IF METRATECH HAS BEEN INFORMED OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF WARRANTIES
OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU.
Your Indemnity Of MetraTech; Termination Of Use
You agree to indemnify and hold MetraTech harmless from all causes of
action, claims, allegations, costs, fees, charges, and expenses (including
reasonable attorneys' and professionals' fees), judgments, damages, losses,
and liabilities arising from or relating to the breach or alleged breach
of your duties or obligations under these terms and conditions or your
use of the Site or the Site Content. For any indemnified matter, MetraTech
will have full control of the response thereto and the defense thereof,
including, without limitation, any agreement relating to the settlement
thereof, and you will cooperate with MetraTech in such matter.
Applicable Law And Jurisdiction.
The Site (excluding any links to third party web sites) is controlled
by MetraTech and operated by MetraTech from its offices in and around
Waltham, Massachusetts. The Site is accessible in all fifty states and
other countries, and each of these places has laws that may differ from
those of Massachusetts and from each other. As you and MetraTech both
benefit from establishing a predictable legal environment governing the
operation and use of the Site, by using this Site, you and MetraTech agree
that all matters arising from or relating to the operation and use of
this Site shall be governed by the laws of The Commonwealth of Massachusetts,
without regard to its conflicts of laws principles. You agree that all
claims you may have arising from or relating to the operation or use of
this Site shall be heard and resolved in courts located in Massachusetts.
You consent to the personal jurisdiction of such courts over you, stipulate
to the fairness and convenience of proceeding in such courts, and covenant
not to assert any objections to proceeding in such courts.
Miscellaneous.
No delay or omission by MetraTech in exercising any of its rights occurring
upon any noncompliance or default by you with respect to any of these
terms and conditions will impair any such right or be construed to be
a waiver thereof, and a waiver by MetraTech of any of the covenants, conditions
or agreements to be performed by you will not be construed to be a waiver
of any succeeding breach thereof or of any other covenant, condition or
agreement contained in these terms and conditions. The captions of these
terms and conditions have been inserted solely for convenience of reference,
in no way define or limit the scope or substance of any provision contained
herein, and will not be considered in interpreting these terms and conditions.
If any provision of these terms and conditions is determined to be invalid,
illegal or otherwise unenforceable, then such provision will instead be
construed to give effect to its intent to the maximum extent possible,
and the validity, legality and enforceability of the other provisions
of these terms and conditions shall not be affected thereby. If, after
application of the immediately preceding sentence, any provision of these
terms and conditions is determined to be invalid, illegal or unenforceable,
such provision shall be severed, and after any such severance, all other
provisions hereof shall remain in full force and effect. Except as otherwise
expressly provided in these terms and conditions, this Agreement sets
forth the entire agreement between you and MetraTech regarding the subject
matter hereof, and supersedes all prior promises, agreements or representations,
whether written or oral, regarding such subject matter.
Privacy Statement
MetraTech is committed to your privacy. This statement describes what
personal information we collect on our site, how we use this personal
information, and how you can correct your personal information.
MetraTech does not use cookies. We collect only the information that you
provide to us when you request product information from us. We may also
collect your email address when you send us an email. We only use this
information for our own internal purposes -- we do not disclose any personal
information to any third party. If you believe we have incorrect personal
information for you, you may contact us to correct it at webmaster@metratech.com.
The Site contains links to third-party web sites. The linked sites are
not under the control of MetraTech, and MetraTech is not responsible for
the privacy practices of any linked site. We encourage you to check the
privacy policies of any linked site.
Please check our Privacy Statement periodically. The Privacy Statement
may change as we make changes to the Site or our services.
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