| 1. Acceptance of Terms of Use: UltiMeta Software Website These Terms of Use govern your use of UltiMeta Software’s website and all services provided in connection with UltiMeta Software’s website. UltiMeta Software shall not be liable to you for any breach of these Terms of Use. In addition, UltiMeta Software does not bear any fiduciary responsibility to any user of its main website (www.ultimeta.com). If you do not agree to these Terms of Use, please do not enter UltiMeta Software’s website. The Terms of Use for UltiMeta Software’s main website will be posted on the appropriate UltiMeta Software website. Please check this area before using any UltiMeta Software’s website to determine whether a change has been made to these Terms of Use From time to time UltiMeta Software may supplement these Terms of Use with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on UltiMeta Software’s website to be viewed in connection with the specific content or online application and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use. 2. Registration information / Privacy Policy Collection of Personal Information UltiMeta Software collects this information in order to record and support your participation in the activities you select. UltiMeta Software also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and other UltiMeta Software products and services. Other provisions contained herein to the contrary notwithstanding, you hereby agree that UltiMeta Software may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion or essentially all of the assets or stock of UltiMeta Software or its affiliated entities. Your personal information will not be used by UltiMeta Software for editorial purposes unless you first agree in writing. UltiMeta Software may also use such information for UltiMeta Software promotional and marketing purposes. UltiMeta Software respects your privacy. We recognize and appreciate the importance of responsible use of this information and realize that not everyone likes to receive special offers or information about UltiMeta Software products. If you would like your name deactivated from UltiMeta Software’s lists, or if you would like to unsubscribe from UltiMeta Software’s e-mail bulletins, please use the contact information below to request that UltiMeta Software deactivate you from its lists. Be sure to include your name, postal address, telephone number, information contained in your UltiMeta Software mailer, and/or other necessary information needed for deactivation. UltiMeta Software will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing. You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address, physical address, etc.) publicly on UltiMeta Software’s discussion forum/blog page, that information may be viewed and used by others and may result in unsolicited messages from other posters or parties. Use of Cookies Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.) While UltiMeta Software uses cookies to track your visit to UltiMeta Software website, and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided UltiMeta Software with personal information. Please note that UltiMeta Software is not responsible for the content or privacy practices of non-UltiMeta Software websites to which UltiMeta Software website may link. Please contact us with any questions at: UltiMeta Software Customer Service Modification of these Terms of Use 3. Modifications of the UltiMeta Software Website 4. Content of Messages You agree not to post or use UltiMeta Software’s website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. You acknowledge that (i) UltiMeta Software permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to UltiMeta Software’s website, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on UltiMeta Software’s website rests with you. You acknowledge that UltiMeta Software may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials. By submitting content, which shall include your member name, to any "public area" of UltiMeta Software’s website, including message boards, forums, blog pages, you grant UltiMeta Software and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on UltiMeta Software’s website retains any and all Rights that may exist in such content. 5. Disclaimer of Warranties YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ULTIMETA SOFTWARE’S WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT ULTIMETA SOFTWARE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH ULTIMETA SOFTWARE’S WEBSITE. ULTIMETA SOFTWARE CREATES OR OBTAINS ALL INFORMATION, DOWNLOADABLE FILES AND SOFTWARE CONTAINED HEREIN FROM SOURCES BELIEVED BY ULTIMETA SOFTWARE TO BE ACCURATE AND RELIABLE. BECAUSE OF THE POSSIBILITY OF HUMAN ERRORS OR MECHANICAL ERROR AS WELL AS OTHER FACTORS, ULTIMETA SOFTWARE SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ULTIMETA SOFTWARE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN ULTIMETA SOFTWARE’S WEBSITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. ULTIMETA SOFTWARE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE. ULTIMETA SOFTWARE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN ULTIMETA SOFTWARE’S WEBSITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ULTIMETA SOFTWARE OR THROUGH ULTIMETA SOFTWARE’S WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ULTIMETA SOFTWARE MAKES NO WARRANTY REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH ULTIMETA SOFTWARE’S WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH ULTIMETA SOFTWARE’S WEBSITE. ULTIMETA SOFTWARE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE ULTIMETA SOFTWARE’S WEBSITE. AS A CONVENIENCE TO ULTIMETA SOFTWARE’S USERS, ULTIMETA SOFTWARE MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND ULTIMETA SOFTWARE’S CONTROL. ULTIMETA SOFTWARE MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY WEBSITES TO WHICH ULTIMETA SOFTWARE MAY PROVIDE LINKS AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST ULTIMETA SOFTWARE WITH RESPECT TO SUCH WEBSITES. 6. Limitation of Liability 7. Promotional Messages 8. Links to Other Websites 9. Indemnification 10. Applicable Law 11. Remedies for Breach of these Terms by You 12. Miscellaneous The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. UltiMeta Software may assign its rights and obligations under these Terms of Use and upon such assignment UltiMeta Software may be relieved of any further obligation hereunder. You represent to UltiMeta Software that you have the authority to register with UltiMeta Software’s website according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on UltiMeta Software’s website by UltiMeta Software) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of UltiMeta Software, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable. |
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Scott Goodwin
Vice President, Development and Innovation, Marco Company, Fort Worth, TX




