Terms of Service

Terms and Agreement (“Terms”)

Last updated: JANUARY 21, 2022

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, “Terms of Service”, “Terms of Agreement”) carefully before using the https://hMetrix.com website (the “Service”, or “Website”) operated by hMetrix, LLC (“us”, “we”, “our”, “hMetrix”), an organization with its corporate headquarters at 150 Monument Road, Suite 203, Bala Cynwyd, PA 19004.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access or use the Service. hMetrix will not be responsible for any loss or damage whatsoever arising from your use of this Service.

Privacy

We are committed to protecting your privacy. Our Privacy Policy applies to the use of this Service, and its terms are made a part of these Terms by this reference.

Disclaimer

This Service, the Service content, and any links provided in this Service are provided on an “as is” (or “as available”) basis, and hMetrix disclaims all warranties, express or implied, including without limitation the warranties of title, non infringement, merchantability, and fitness for a particular purpose. Your use of the Service is at your own risk, and you assume full responsibility for all costs that arise out of its use. Neither hMetrix nor any of its partners, employees, affiliates, representatives, agents or licensors shall be liable to you or any third party for any compensatory, direct, indirect, exemplary, punitive, incidental, or consequential damages or attorneys’ fees arising out of your use of the Service or your inability to use or gain access to the Service, even if you were advised of the possibility of such damages or such damages were foreseeable.

Copyright and Trademarks

The Service contains logos, code, data, information, databases, software, photographs, graphics, images, text, content, designs, clips, videos, sounds and other material (collectively, “Content“) that are all owned by hMetrix. This Content is protected by copyrights, trademarks and other proprietary rights including intellectual property rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Such copyrights and other proprietary rights are owned by hMetrix. All Content is copyrighted as a collective work under the United States copyright laws and hMetrix owns a copyright in the selection, coordination, arrangement and enhancement of such Content.

By placing Content on the Service, hMetrix does not grant you any license or other authorization to use the Service’s Content. You may view, print, and download portions of the Content solely in connection with your use of the Service and for your own personal use. hMetrix reserves the right to revoke this authorization at any time. Reproduction, copying, or redistribution of the Service’s Content without linking back to the source page and providing clear attribution is strictly prohibited and breaches these Terms. If you print or copy any Content, you agree not to change or delete any portion of it, and you agree not to change or delete proprietary notices or trademarks from such Content.

Unauthorized Access

You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service, or to any of the services offered on or through the Service, by hacking or any other legal or illegal means.

Digital Millennium Copyright Act of 1998 (DMCA)

hMetrix does not control and takes no responsibility or liability for any Content posted, stored or uploaded by You or any third party on the Service. We or any our partners, employees, affiliates, representatives, agents or licensors will not be held liable for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter by use of the Service. Your use of the Service is at your own risk. We are not liable for any statements, representations or Content provided by our Clients or other users in any public gallery, forum, personal home page, blog, social media profiles, or other interactive area or elsewhere on the Service. We have no obligation to screen, edit or monitor any Content posted anywhere on the Service. We also do not endorse, support, represent, approve, sponsor, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content.

hMetrix reserves the right, (but is not obligated to) to remove, screen or edit the Content posted or stored on the Service at any time and for any reason without notice.

You understand and acknowledge that any Content contained in public postings, including, but not limited to, any portions of the Service that may be designated as private, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others, including, but not limited to, appearing on other websites and in search engine results. We will not be responsible or liable for any third party access to or use of the Content you post. You represent and warrant that: (a) you own or otherwise control all of the rights to the Content that you post, or you otherwise have the right to post such Content to the Service and to grant the rights granted herein; (b) the Content you supply are accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by hMetrix.

hMetrix has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that hMetrix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

In order to improve our ability to serve you, hMetrix may make modifications, improvements, deletions, or amendments to the Service at any time. Any and all relevant portions of these Terms will apply automatically to such modifications, improvements, deletions, or amendments as they appear on the Service. It is your responsibility to check these Terms for changes. Your continued use of the Service means that you accept and agree to the changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, your only recourse is to stop using the Service.

Contact Us

If you have any questions about these Terms, our copyrights, or if you feel your copyrights have been infringed, please contact us.