Terms and Conditions
The following are terms of a legal agreement between you, the User, and Macrotesting. All of the software or services are referred to in these Terms and Conditions as the "service. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.. If you do not agree to these terms, please do not use this Web site. Macrotesting grants you non-exclusive, non-transferable, permission to access and display the Web pages within this site. This permission is conditional on you not modifying the general content displayed on this site, your agreement to all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Macrotesting may, without notice to you, at any time revise these Terms and Conditions and any other information contained in this Web site by updating these Terms and Conditions. Macrotesting may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
Please note that we do not provide warranties for the service. The contract also limits our liability.
Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Macrotesting assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.
Macrotesting provides no assurances that any reported problems will be resolved by Macrotesting, even if Macrotesting elects to provide information with the goal of addressing a problem.
General Use of Macrotesting Links
This Web site may provide links or references to non-Macrotesting Web sites and resources. Macrotesting makes no representations, warranties, or other commitments whatsoever about any non-Macrotesting Web sites or third-party that may be referenced, accessible from, or linked to Macrotesting site. A link to a non-Macrotesting Web site does not mean that Macrotesting endorses the content or use of such Web site or its owner. In addition, Macrotesting is not a party to, or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Macrotesting site. Accordingly, you acknowledge and agree that Macrotesting is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a non-Macrotesting Web site, even one that may contain the Macrotesting-logo, please understand that it is independent from Macrotesting, and that Macrotesting does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
In order to operate and provide membership, we collect certain information about you. By becoming a member of Macrotesting, you consent to the transfer of information outside of your country.
Information about you can be categorized as (a) personally identifiable information, or (b) non-personally identifiable information. “Personally identifiable information” is information that we collect from you such as your name, postal address, telephone number, fax number and email address. “Non-personally identifiable information” is information that we collect from you that does not include your name or any information that would allow us to contact you.
How We Use and Disclose Information
Some of the ways in which we use your personally identifiable information may include using it to provide you with information that you may request, and to customize your website experience. If, at the point where you give us personally identifiable information, and a box is checked indicating that you would like to receive information about special offers and promotions, then Macrotesting will also use such personally identifiable information to send you information that we believe might be of interest to you. Because we care about your privacy, we will not give your personally identifiable information to other marketers or retailers for use to contact you about offers or promotions of their products
How We Collect Personal Information
We collect personally identifiable information from you directly, this means when you give us the information. When you fill out online site membership forms and request us to send you information, or the Macrotesting Magazine.
Privacy in Regard to Submitted Material
The site is a private computer network that Macrtotesting operates for the benefit of its Customers and Users. Macrtotesting retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop them from breaching this contract. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Macrotesting for the purpose of receiving products or services will be handled in accordance with our privacy policies.
Macrotesting Copyright Software
This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed.
This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Macrotesting's prior written consent, except that Macrotesting grants you non-exclusive, non-transferable, permission to access and display the Web pages within this site. This permission is conditional on you not modifying the general content displayed on this site, your agreement to all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Except for the limited permission in the preceding paragraph, Macrotesting does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software.
You may have access to information on a service such as white papers, knowledge-base articles, datasheets and other documents. You may use the documents only for informational purposes. You may not copy, distribute, modify or make derivative works of the documents.
Please note that any information or material sent to Macrotesting will be deemed not to be confidential unless accompanied by a specific request of confidentiality. When sending Macrotesting any information or material , you grant Macrotesting an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Macrotesting is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Macrotesting for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Macrotesting’s privacy policies.
Linking to this site
All links to this Web site must be approved in writing by Macrotesting, except that Macrotesting consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Macrotesting; (c) imply that Macrotesting approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Macrotesting or otherwise damage the goodwill associated with the Macrotesting name or trademarks, (e) create obscene or scandalous works, as defined by law at the time the work is created, using the media elements. As a further condition to being permitted to link to this site, you agree that Macrotesting may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any Macrotesting trademark.
Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Macrotesting makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.
Requirements and Conditions For Placing Advertisements.
You may wish to place advertisements in or through Macrotesting website. We have no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that:-
All advertising content is accurate, complete and current.
You have all necessary rights, power and authority to publish the advertising content, and authority over any web site listed or linked to from the advertising content:
Complies with all applicable laws and regulations.
Does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
Does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
Does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
Create obscene or scandalous works, as defined by law at the time the work is created, using the media elements:
You posses documents substantiating all claims, express and implied, contained within the advertising content.
All advertising material is subject to approval by Macrotesting, who reserves the right to reject or cancel any advertisement deemed to be unsuitable for any reason.
Fees paid for advertising are non-refundable unless the advertisement is cancelled prior to the moment the advertisement is first published on the Internet.
Advertising space is subject to limited availability and will be handed out on a first-come first-served basis. Once all of the available advertising slots are filled, further advertisements are queued (stored off-line) until the next available slot becomes available. Macrotesting will notify queued advertisers of the date it actually goes on-line.
These terms and conditions are subject to change without prior notice. Updates will be made available here.
Rates (fees) are subject to change without prior notice. Only new or renewed contracts are affected when rates change.
Macrotesting is not bound to comply with advertiser instructions if they conflict with Macrotesting advertising rules.
All advertisements are positioned according to rules dictated by Macrotesting.
The advertiser and any associated company or agency acknowledge that they own the rights and permissions to publish submitted material on the Internet. Each agrees jointly and severally to indemnify and save harmless Macrotesting against all damage, loss, expense and liability of any nature arising from our use of the advertisers submitted graphic content on the Internet.
Macrotesting assumes no liability for errors in materials
Macrotesting reserves the right to refuse or postpone the display of submitted advertising content until all monies have been received (including the clearing of bank checks) in full and advertising space becomes available..
Macrotesting is not liable for delays in publishing or failure to publish submitted advertising content in the event of circumstances beyond the control of Macrotesting.
Acceptance by the advertiser and any associated company or agency of these terms and conditions is implied upon the receipt of submitted advertising material and/or monies by Macrotesting
DISCLAIMER OF WARRANTY
Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided "as seen," with no warranties or guarantees whatsoever. Macrotesting expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, macrotesting makes no warranty or guarantee that this web site will be uninterrupted, timely, secure, or error-free.
You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY
In no event will macrotesting be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this web site or any use of this web site, or of any site or resource linked to, referenced, or accessed through this web site, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if macrotesting is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
Macrotesting makes every effort to ensure, but does not guarantee, the accuracy of the information on its web site. Hyperlinks to other web sites imply neither responsibility for, nor approval of, the information contained in those other web sites on the part of Macrotesting.
The content of this website is in the public domain, if not otherwise indicated. It can be copied for non-commercial purposes indicating its source.