UltiMeta Software Website Terms of Use

1. Acceptance of Terms of Use: UltiMeta Software Website
The access to UltiMeta Software’s website is provided free of charge to you by Inspherion Corporation. ("UltiMeta Software") under these Terms of Use. Although portions of UltiMeta Software’s website may be viewed simply by visiting the website, in order to receive additional services from UltiMeta Software you may need to register as a subscriber. If you visit the UltiMeta Software’s website as a guest or access UltiMeta’s blog page, these Terms of Use will govern your use of the website facilities which may be modified from time to time.

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
When you engage in certain activities on this website UltiMeta Software may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, UltiMeta Software may require that you provide certain personal information, such as your name, mailing address, e-mail address, and other personal identifying information. When you submit personal information to UltiMeta Software your personal information will not be leased, sold, rented or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act:

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
When you visit UltiMeta Software website, you can surf the website anonymously and access important information without revealing your identity. In order to analyze and improve our website, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.

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
UltiMeta Software may modify these Terms of Use from time to time at its sole discretion. Each time you log on to UltiMeta Software’s website, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with UltiMeta Software’s website immediately (i) by notifying UltiMeta Software of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of UltiMeta Software’s website.

3. Modifications of the UltiMeta Software Website
UltiMeta Software may modify or discontinue UltiMeta Software’s website with or without notice to you and without liability to you or to any third party.

4. Content of Messages
You also agree not to use UltiMeta Software’s website to send or post on message boards/ blog pages or any place on UltiMeta Software’s website, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. UltiMeta Software reserves the right to delete any such material from UltiMeta Software’s website. UltiMeta Software will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this section.

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 EXPRESSLY AGREE THAT USE OF ULTIMETA SOFTWARE’S WEBSITE IS AT YOUR SOLE RISK. ULTIMETA SOFTWARE’S WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ULTIMETA SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ULTIMETA SOFTWARE MAKES NO WARRANTY THAT ULTIMETA SOFTWARE’S WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ULTIMETA SOFTWARE’S WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ULTIMETA SOFTWARE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ULTIMETA SOFTWARE’S WEBSITE. ULTIMETA SOFTWARE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATIONS, ANY LOSS OR USE, LOST DATA, OR LOST PROFITS OR OPPORUTUNITY, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT ACTION, ARISING OUT OF OR IN CONNECTION WITH THE ACCURACY, USE OR PERFORMANCE OF THE INFORMATION, AND/OR DOWNLOADABLE FILES AND/OR SOFTWARE ON ULTIMETA SOFTWARE'S WEBSITE, OR THE UNAVAILABILITY OR MALFUNCTION OF ULTIMETA SOFTWARE’S WEBSITE.

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
ULTIMETA SOFTWARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ULTIMETA SOFTWARE’S WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ULTIMETA SOFTWARE’S WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ULTIMETA SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Promotional Messages
UltiMeta Software may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. UltiMeta Software makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from UltiMeta Software and you agree that UltiMeta Software shall not have any liability with respect thereto.

8. Links to Other Websites
The links to third parties contained within this website will allow you to leave UltiMeta Software’s website. The websites that are linked to UltiMeta Software’s website are not under the control of UltiMeta Software. UltiMeta Software is not, and shall not be, held responsible for the contents, in any way or form, of any linked website or of any link contained in a linked website. UltiMeta Software provides these links only as a convenience to you, the user of the website; and the inclusion of any link does not imply endorsement by UltiMeta Software of the linked website. Any rights not expressly granted by UltiMeta Software herein are expressly reserved.

9. Indemnification
You agree to indemnify and hold each officer and/or employee of UltiMeta Software, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of UltiMeta Software’s website, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

10. Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Texas State and U.S. Federal courts sitting in the County of Collin or, the Texas State and U.S. Federal courts having within their jurisdiction the location of UltiMeta Software's principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

11. Remedies for Breach of these Terms by You
In the event that UltiMeta Software determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of UltiMeta Software’s website, UltiMeta Software reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to UltiMeta Software’s website, (iii) delete all content provided by you to UltiMeta Software’s website, (iv) discontinue your registration with UltiMeta Software’s website and/or any other UltiMeta Software community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which UltiMeta Software deems to be appropriate.

12. Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

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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