Legal Notices

This site is owned and operated by FemtoMetrix® Inc. (“FemtoMetrix®”). By registering for access to any portion of this site or by using any portion of this site you and your company or other business organization (hereinafter “you” or “your” will be deemed to mean both you and your company or business organization) agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not proceed any further and do not use this site.

We recommend printing a copy of this page for your reference. We also recommend referring back to this document regularly, as we may make changes and post them to this site. Access to or use of the site after the posting of such changes will be deemed consent to such changes.

 

THE SITE

The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws and international treaties (“Information”). You are not granted any rights in or to this site or any Information, other than the limited right described in these terms and conditions and any policies and procedures that FemtoMetrix® may adopt and make available on this site from time to time, including the Privacy Policy below.

The Information may be supplied by FemtoMetrix® or third parties and users of the site. Any opinions, advice, statements, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of FemtoMetrix®. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. FemtoMetrix® neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized FemtoMetrix® spokespersons acting in their official capacities.

FemtoMetrix® has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site. Use of this site is solely at FemtoMetrix®’s discretion, and FemtoMetrix® reserves the right to prohibit anyone from accessing, browsing, supplying information to, downloading information from, or conducting business on this site.

 

USE OF THE SITE

You agree (i) to comply with all applicable laws and regulations regarding your use of this site and the Information, (ii) not to retransmit, publicly display, sell or use the Information provided other than solely for your internal business purposes, (iii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, (iv) not to post or transmit through the site any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, (v) not to post or transmit through the site any material which contains advertising or any solicitation with respect to products or services without FemtoMetrix®’s express prior approval, and (vi) not to use the site to advertise or perform any commercial solicitation. Any conduct by you that in FemtoMetrix®’s discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.

Business associates or customers providing or using Information that is made available on this site are solely responsible for the accuracy and content of the Information supplied or used and agree not to supply any Information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal.

Other than personally identifiable information, which is covered under the Privacy Policy, any communication you transmit or post to this site will be considered non-confidential and non-proprietary. By providing Information to FemtoMetrix® for posting on the site or transmitting any Information to the site, you grant to FemtoMetrix® and its successors and assigns a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to (i) use, reproduce, distribute, create derivative works of, display, and broadcast that Information; (ii) authorize specified third parties to use, reproduce, distribute, download, create derivative works of and print such Information for their own internal business purposes; and (iii) otherwise use such Information in any manner consistent with FemtoMetrix®’s Privacy Policy. You agree that FemtoMetrix® shall be free to use any ideas, concepts or techniques contained in your Information for any and all commercial or non-commercial purposes including, but not limited to, developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.

 

SITE CONTENT

While it may monitor, remove or delete transmissions to this site, FemtoMetrix® is under no obligation to monitor, remove or delete any transmissions. FemtoMetrix® exercises no editorial review and assumes no responsibility for misleading, fraudulent, defamatory, libelous, threatening, harassing, pornographic, obscene or illegal Information supplied to this site; provided, however, that FemtoMetrix® may take any action with respect to any Information that FemtoMetrix® deems in its sole discretion is necessary or appropriate, including the deletion of any such Information. You agree to promptly report any suspicious or unauthorized use of this site to FemtoMetrix®. FemtoMetrix® reserves the right to monitor any and all activity on this site and FemtoMetrix® may notify the proper law enforcement officials if any suspicious activity is detected.

 

COPYRIGHTS AND TRADEMARKS

This site is Copyright 2015 FemtoMetrix® Inc. All rights reserved. Product names, logos, designs, titles, words or phrases within this site may be trademarks, service marks, or trade names of FemtoMetrix® Inc. or other entities and may be registered in certain jurisdictions. In particular, Harmonic F1x® , and the FemtoMetrix® logo are trademarks or service marks of FemtoMetrix® Inc. All other brands and product names are trademarks or registered trademarks of their respective owners.

If you believe that your copyright in any material has been infringed by FemtoMetrix®, please provide our Agent for Notice, on file with and obtainable from the U.S. Copyright Office, with all of the following information (i) a description of the copyrighted work you claim has been infringed, (ii) a description of the material that you claim is infringing, identified with sufficient detail for FemtoMetrix® to locate it on the site, (iii) your address, telephone number and e-mail address, (iv) a statement by you that you have a good faith belief that the disputed use is not authorized, (v) a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf and (vi) a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.

 

DISCLAIMERS

YOUR USE OF THIS SITE OR ANY OF THE INFORMATION IS AT YOUR OWN RISK. THIS SITE AND THE INFORMATION ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” FemtoMetrix® HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE AND THE INFORMATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, RELIABILITY, QUALITY, TIMELINESS, UNINTERRUPTED USE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION.

YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS, ACCURACY, RELIABILITY, QUALITY AND TIMELINESS OF ALL INFORMATION AND SERVICES MADE AVAILABLE ON THIS SITE. FemtoMetrix® MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT THE INFORMATION, SERVICES OR MATERIALS MADE AVAILABLE BY ITS BUSINESS ASSOCIATES OR ITS CUSTOMERS. FemtoMetrix® MAKES NO REPRESENTATION OR WARRANTY THAT USING THIS SITE, ANY OF THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE. FemtoMetrix® IS NOT RESPONSIBLE FOR THE CONTENT OF ANY WEB SITES LINKED TO THIS SITE. LINKING TO OTHER WEB SITES FROM THIS SITE IS AT YOUR OWN RISK.

 

LINKS TO OTHER WEB SITES

Links to third party Web sites on this site are provided solely as a convenience to you and may be terminated at any time. If you use these links, you will leave this site. FemtoMetrix® Inc. has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, FemtoMetrix® Inc. does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. . You acknowledge and agree that FemtoMetrix® 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 the use of or reliance on any information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.

 

LINKS TO THE FemtoMetrix® SITE

Anyone linking to the FemtoMetrix® site must comply with all applicable laws and the following guidelines.

A site that links to the FemtoMetrix® site:

May link to, but not replicate, FemtoMetrix® Inc. content.

Should not create a browser or border environment around FemtoMetrix® Inc. content.

Should not imply that FemtoMetrix® Inc. is endorsing it or its products.

Should not misrepresent its relationship with FemtoMetrix® Inc..

Should not present false information about FemtoMetrix® Inc. products or services.

Should not use the FemtoMetrix® Inc. logo without permission from FemtoMetrix® Inc.

Should not contain content that could be construed as distasteful, offensive or controversial, and

Should contain only content that is appropriate for all age groups.
LIMITATION OF LIABILITY

IN NO EVENT WILL FemtoMetrix® Inc., ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, 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 SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE 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 THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

RELEASE AND INDEMNITY

YOU HEREBY IRREVOCABLY RELEASE FemtoMetrix® FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, LOSS, LIABILITY OR EXPENSE THAT YOU MAY SUFFER OR INCUR AS A RESULT OF OR ARISING FROM YOUR USE OF THIS SITE OR THE INFORMATION. UNDER NO CIRCUMSTANCES WILL FemtoMetrix® BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THE CLAIMS OF YOUR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY, INTERRUPTION IN USE OR AVAILABILITY OF THE SITE, THE SERVICES OR THE INFORMATION, STOPPAGE OF OTHER WORK OR IMPLEMENTATION OF OTHER ASSETS), ARISING OUT OF YOUR USE OF THE SITE, ANY SERVICE OR ANY INFORMATION, BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. THIS PARAGRAPH WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THE FOREGOING DISCLAIMER AND LIMITATION.

You agree to defend, indemnify and hold FemtoMetrix® harmless from and against any damage, loss, liability or expense (including reasonable attorney’s fee) that FemtoMetrix® may suffer or incur as a result of any claim attributable to or based upon your use of this site or any of the Information. If for any reason you are not satisfied with this site or the Information, your sole remedy is to cease using this site or the Information.

 

GENERAL

Nothing in these terms and conditions will be construed to make FemtoMetrix® or its business associates, customers or you an agent, employee, joint venture, partner, franchisee-franchisor or legal representative of any of the others. None of us will either have or represent itself to have any authority to bind another to any obligation.

If any provision of these terms and conditions is held to be unenforceable, this holding will not affect the validity of the other provisions. FemtoMetrix® controls and operates this site from our offices in Santa Ana, California. These terms and conditions, and your use of the site, will be governed by and interpreted in accordance with the laws of the State of California, U.S.A, excluding its conflicts-of-law rules. Any controversy or dispute will be submitted to the state or federal courts in and for California. You hereby consent to the personal jurisdiction of the State of California and acknowledge that venue is proper in any state or Federal court in the State of California, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. These terms and conditions constitute the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to this site and the Information and supersedes all other agreements with respect to the subject matter hereof.

FemtoMetrix® may change these terms and conditions from time to time and at any time, without actual notice to you. In the event of a change, FemtoMetrix® will post the revised version to our web site. Any access to or use of the site after such an update will be deemed consent to such update. You are therefore encouraged to refer back to this page regularly. These terms and conditions may not be otherwise amended without the written consent of FemtoMetrix®.

The foregoing provisions are for the benefit of FemtoMetrix®, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

PRIVACY POLICY

FemtoMetrix® is committed to respecting and protecting your privacy. This Privacy Policy has been adopted by FemtoMetrix® Inc., its subsidiaries, affiliates, joint venture partners, and other entities which directly or indirectly are controlled by FemtoMetrix® (each, an Affiliate, with FemtoMetrix® Inc. and its Affiliates being collectively referred to as FemtoMetrix®, we or us).

 

What information do we ask you to submit?

In order to accommodate your information request, we ask you to submit your name, title, company affiliation (if any), mailing address, telephone number and e-mail address. At your option, you may also provide us with the best time at which to contact you and other relevant comments [if a comment field exists for the information you have requested]. In addition, FemtoMetrix® may, from time to time, share your information with marketing consultants, in which case, the consultants shall be prohibited from using your information except with respect to assisting FemtoMetrix® in the sale of its services and products, and the consultants shall also be required to comply with the terms of this policy.

Unless you provide it to us voluntarily or the information is collected via cookies in the manner described in this policy, FemtoMetrix® does not collect personally identifiable information about you (including, but not limited to, your name, address, telephone number, and email address) in connection with your use of this site.

 

How will we use your information?

We will use the information you submit (a) to answer your specific inquiry; (b) at your option, to send you additional materials relating to FemtoMetrix® and products and services that may be of interest to you; (c) in the administration of the site; (d) to personalize the web site for users; (e) to analyze demographic and other kinds of trends; and (d) as otherwise described in this policy. We reserve the right to aggregate the information you provide to us and share it with third parties, including our business associates, customers and advertisers.

 

Do we use tracking mechanisms?

In general, we collect the information that you provide to us when you register to use this site, when you provide us with information and comments through the site and when you send us email. In addition, when you visit this site, we may passively collect other kinds of information through this web site, including the location from which you visit us, the kind of browser you use, the date and time you visit the web site, and the amount of time you spent viewing the site. Generally, we gather this information for the purpose of analyzing aggregated trends and statistics, but we also gather it for the reasons described below. To gather such information, our web server may automatically use technologies such as the following:

Log Files. Internet protocol (“IP”) addresses are used to analyze trends, administer the web site, track users’ movements, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

 

To whom do we disclose your information?

Subject to applicable law, we and our service providers (as defined below) disclose and share your personal information:

Among FemtoMetrix®, its Affiliates, business associates and advertisers;

To unaffiliated third parties that are under contract to perform services for or on behalf of FemtoMetrix® (Service Providers), and are required to uphold and maintain policies with respect to privacy and the treatment of your personally identifiable information (e.g., vendors hosting this Web site);

To a third party in connection with a proposed or actual sale, merger, or transfer of all or a portion of a business or division; and

To other persons as permitted or required by applicable law or regulation.

Any access to such information will be limited to the purpose for which such information was provided to us or our Service Providers.

Links and third-party web sites

This web site may contain links to other web sites, including the web sites of our business associates. Please remember that we cannot control the content of other web sites or how these sites, including those of our business associates, use or disclose the information you provide to them. This Privacy Policy applies solely to information collected by this web site.

 

How do we protect your information and where is it stored?

We have taken reasonable steps to protect the information you submit on this web site from loss, misuse, and unauthorized access and disclosure. Although we have taken reasonable security precautions, we cannot guarantee the security of this web site. Therefore, before you transmit information through this web site, please remember that no computer system or electronic data transmission is completely secure. If you have any questions about the security of this web site, you can send an email at info@ FemtoMetrix®ech.com or write to us at FemtoMetrix® Inc., 1850 East Saint Andrew Place, Santa Ana, California 92705 .

 

How will we notify you if this policy changes?

If we decide to change this Privacy Policy, we will post the revised version on our web site. Any access to or use of the web site following such update shall be deemed consent to such update. We therefore encourage you to refer back to this page regularly. This policy may not be otherwise amended without the written consent of FemtoMetrix®. This Policy was last updated April 9th, 2015.

 

Children

FemtoMetrix® does not want to collect personal information from minors (children under 13 years of age, or any other age defined under applicable law). If we become aware that a minor is attempting to or has submitted personal information via this site, we will notify the user that we may not accept his or her personal information. We will then expunge any such personal information from our records.

 

Questions regarding this policy

We will use reasonable efforts to comply with this Privacy Policy and will take reasonable action to correct any failures to comply with this Privacy Policy. If you have any questions or concerns regarding this Privacy Policy or our use of personally identifiable information, please feel free to contact us at info@femtometrix.com or write to us at FemtoMetrix® Inc., 1850 East Saint Andrew Place, Santa Ana, California 92705 .