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.
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 firstname.lastname@example.org.
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.
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.
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.
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.