Last Updated: 10/01/2019
These Terms of Service ("Terms" ) apply to your access and use of this website, or the other online products and services (collectively, our "Services" ) provided by CyberMetrics LLC (hereinafter "CyberMetrics" or "we" or "our" ) . By clicking to indicate your acceptance or by accessing the Services, you agree to these Terms. If you do not agree to these Terms, do not access or use our Services. If you are using the Services on behalf of a business, company, or other entity, you represent to CyberMetrics that you have the legal power and authority to accept these terms on behalf of that entity, in which case that entity accepts these Terms, and "you" means that entity. If you are using the Services for commercial purposes or on behalf of a company, business or other entity, you and the entity will hold harmless and indemnify CyberMetrics from any action, claim , or suit arising from or related to the use of the Services or violation of these Terms , including any expense, or liability arising from losses, suits, damages, judgements, attorneys’ fees and litigation costs, or claims (including claims for negligence).
THESE TERMS CONTAIN JURY TRIAL WAIVER CLAUSE IN SECTION 11 BELOW, AND CLASS ACTION WAIVER CLAUSE IN SECTION 12 BELOW, WHICH ARE APPLICABLE TO ALL U.S. USERS.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org
CyberMetrics Workbench is web-based services that use artificial intelligence algorithms for logic analysis of computer source code, meta data, and text to create flowcharts, structures charts, system charts, logic analysis documents, application dvelopments aids, or other documents.
When you upload or post content ("User Content ") to our Services you retain ownership of any intellectual property rights that you hold in that content, as to you and CyberMetrics, and you grant to CyberMetrics a worldwide, perpetual , royalty-free, irrevocable, non-exclusive, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content.
By using the Services , you agree that the User Content may be used for commercial purposes. You further acknowledge and agree that CyberMetrics’s use of the User Content for commercial purposes will not result in any injury to you or to any person, business entity, or organization entity you authorized to act on its behalf. You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that CyberMetrics may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content . The extent, mode, and manner of such promotions and advertising are subject to change without specific notice to you. You acknowledge that we may not always identify sponsored content, paid services, or commercial communications as being such.
Unless otherwise stated, CyberMetrics llc and/or it's licensors own the intellectual property rights for all material on the Services . All intellectual property rights are reserved. You may view and/or print pages from the Services for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from the Services .
- Sell, rent or sub-license material from the Services .
- Reproduce, duplicate or copy material from the Services .
Redistribute content from the Services (unless content is specifically made for redistribution).
You may also only post or otherwise share User Content that you have all necessary rights to disclose and is non-confidential. You may not create, post, store or share any User Content that:
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Contains any private or personal information of a third party without such third party’s consent;
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose CyberMetrics or others to any harm or liability of any type.
In addition, although we have no obligation to monitor, edit, or screen User Content , we may remove or deleteUser Content at any time and for any reason.
You will not violate any intellectual property or other third-party right, applicable law, or contract, or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
Engage in any harassing, intimidating, threatening, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user and CyberMetrics;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, CyberMetrics does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While CyberMetrics attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services .
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services.
CyberMetrics and the other CyberMetrics Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if CyberMetrics or the other CyberMetrics Parties have been advised of the possibility of such damages.
Since the Service is free the total liability of CyberMetrics and the other CyberMetrics Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is zero.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of CyberMetrics or the other CyberMetrics Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release CyberMetrics and the other CyberMetrics Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542 , which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Any dispute arising from your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Arizona, without regard to conflict of law rules or principles (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of Arizona and the United States, respectively, sitting in Maricopa County, Arizona .
Each party hereby irrevocably waives its rights to trial by jury in any legal proceeding arising out of these Terms or the use of the Services.
Each party waives the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about CyberMetrics or our products or Services (collectively, “Feedback” ), is non-confidential and will become the sole property of CyberMetrics. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
These Terms constitute the entire agreement between you and CyberMetrics relating to your access to and use of our Services . The failure of CyberMetrics to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of >; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com . Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of CyberMetrics llc's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.