Welcome to the website of Metability Software. Please carefully read the following terms and conditions that govern your use of the website. By accessing, using or downloading information or materials from the website you accept the following terms and conditions. The information, software, documentation, data, services, logos, trademarks, artwork, text, video, audio, pictures and other materials (collectively, "Materials") contained on the website are owned by Metability Software and/or its suppliers and are protected by law, including copyright and trademark laws and international treaties. FileMind® and Metability® are registered trademarks of AtlanticSX LLC dba Metability Software. Except as provided below, or as specifically permitted in other sections of the website, you may not reproduce, republish, post, transmit or distribute any Materials on the website.
You may print or download Materials from the website for your own personal, informational, educational and other non-commercial purposes only, provided that you include all copyright and proprietary notices originally included with or contained in the Materials in all copies you create. You may not attempt to re-use any of the Materials as your own. You may not post the Materials on any other website, or display or distribute the Materials on the website without the express prior written consent of Metability Software.
By emailing or otherwise transmitting content to Metability Software, you automatically grant (or warrant that the owner of such rights has expressly granted) Metability Software a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, distribute, and make derivative works based on such content in any form, medium, or technology now known or later developed. In addition, you warrant that all moral rights in the content have been waived.
Links to third party websites from this website are provided as a convenience to you. Such third party websites are not under Metability Software's control, and therefore Metability Software does not assume any responsibility or liability for any communications or materials available at such linked websites. Metability Software does not intend links on the website to be referrals or endorsements of the linked entities or their products.
Our website may use cookies to recognize repeat visitors and to enhance the use of our website. You will remain anonymous unless you otherwise provide us with any personal information. Our Apache web server creates usage log files that include internet protocol (IP) addresses, browser type, referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the website, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
If you are required to complete a registration process to enter a portion of the website, you will provide us with information as prompted by the applicable registration form. The personal information that you reveal will be used to fulfill your request. In addition, we may use this information to send you information on our products and services. We may need to disclose personal information when required by law. In addition, we may disclose personal information if we believe in good faith that such action is necessary to protect the personal safety of users of products, websites, or the public.
You are entirely responsible for maintaining the confidentiality of your password and account as well as any and all activities that occur under your account. You agree to notify Metability Software immediately of any unauthorized use of your account or any other breach of security. Metability Software will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Metability Software or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You agree that Metability Software may, in its sole discretion, at any time terminate your access to the website and any account(s) you may have in connection with the website. Access to the website may be monitored by Metability Software. Metability Software takes reasonable measures to protect your personal information. When you submit personal information via the website, your personal information is protected both online and off-line from loss, misuse, unauthorized access or disclosure.
Users who no longer wish to receive communications from us may opt-out of receiving these communications by replying according to the unsubscribe documentation that you can find at the bottom of all our newsletters. If you have a user account on our website and wish to change your personal information, you can correct, update, delete or deactivate your personal information after you log in to your account.
Services, content, and product derived or obtained from this website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Services, Content, or direct product from this website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide services, content, or direct product from this website to prohibited countries and entities identified in the U.S. export regulations.
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Metability Software's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this website should be construed to alter such agreements. Metability Software further does not warrant the accuracy or completeness of the materials, software or services at this website. Metability Software may make changes to the materials and services at this website, or to the products and prices described therein, at any time without notice. The materials and services at this website may be out of date, and Metability Software makes no commitment to update the materials and services at this website. Information published at this website may refer to products, programs or services that are not available in your country. Consult your local Metability Software business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. Limitation of Liability
IN NO EVENT WILL Metability Software, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Metability Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
The Terms constitute the entire agreement between you and Metability Software relating to their subject matter, and cancel and supersede any prior versions of the Terms Of Use. No modification of these Terms of Use will be binding, unless in writing and signed by an authorized Metability Software representative. You also may be subject to additional terms and conditions that may apply when you use Metability Software or third-party products or services. Pennsylvania law and controlling U.S. federal law govern any action related to the Terms of Use, the website and/or your use of the website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms of Use. You and Metability Software agree to submit to the personal and exclusive jurisdiction of the courts located within the Delaware County, Pennsylvania, U.S.A. Rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.