PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. YOUR ACCESS AND/OR USE OF THIS WEBSITE WILL INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE.
The following terms and conditions (“Terms and Conditions”) govern your use of the website located at www.thingmagic.com (the “Site”) which is owned and operated by ThingMagic, A Division of Trimble. (“ThingMagic.”).
ThingMagic reserves the right to modify content on the Site and these Terms and Conditions periodically at any time without prior notice. Your continued use of the Site constitutes acceptance of the Terms and Conditions in effect at the time of use.
- Proprietary Rights
All works of authorship, information, content, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law and international treaties. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, software, data, illustrations, graphics, audio, video, photographs, pictures, drawings, artwork, images, text, forms, and look and feel attributes) are © 2000 – 2008 ThingMagic, Inc., all rights reserved. ThingMagic also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of ThingMagic is prohibited. Any reproduction, modification, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of ThingMagic without ThingMagic’s advance written consent is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to ThingMagic or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
- Products and Services Offered on the Site
ThingMagic may offer products and services on the Site. Except as expressly stated in a written agreement between you and ThingMagic, if you obtain a product or service from ThingMagic on or through the Site, you accept the specific agreement terms and conditions applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. ThingMagic does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete, or error-free.
- Communications with the Site
ThingMagic welcomes your feedback and suggestions about how to improve our products, information, and services and this Site. By transmitting any information or content to ThingMagic, you automatically grant ThingMagic a royalty-free, perpetual, irrevocable, nonexclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display any or all of such information and content (in whole or part) world-wide and to incorporate such information and content in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information and content. Any information received will be considered to be non-confidential and non-proprietary. Further, ThingMagic is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this Site for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.
- Privacy Statement
- Disclaimer of Warranty and Liability
EXCEPT AS EXPRESSLY STATED IN A WRITTEN AGREEMENT BETWEEN YOU AND THINGMAGIC, THIS SITE AND ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THINGMAGIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THINGMAGIC DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWLOAD OF SUCH CONTENT.
THINGMAGIC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS ON AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Corrections and Changes
ThingMagic endeavors to keep the Site and Site Materials on and through this Site up-to-date. Without limiting anything else in these Terms and Conditions, ThingMagic is not responsible for any errors or omissions in the Site or Site Materials. ThingMagic may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and ThingMagic makes no commitment to update the information contained on this Site.
You agree to defend, indemnify, and hold harmless ThingMagic and all of its directors, officers, employees, contractors, representatives, shareholders, agents and assigns from and against any and all suits, actions, claims, damages, settlements, judgments, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) relating to or arising from your use of this Site or any hyperlinked website, your violation of law, willful misconduct, or any breach by you of these Terms and Conditions.
- Links to Other Websites
This Site may contain links to other third party websites or access to third party content which are provided for your convenience only. If you use these links you will leave this Site. ThingMagic does not control, endorse, or guarantee content found in such sites. ThingMagic does not make any representations about such sites or their information, products, services or materials, and is not responsible for any content, associated links, resources, or services associated with a third party site. If you access any of the third party websites linked to this Site, you do so at your own risk and ThingMagic shall not be liable for any loss or damage of any kind associated with your use of third party content.
- Entire Agreement; Governing Law and Jurisdiction
These Terms and Conditions represent the entire agreement between you and ThingMagic with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express or implied. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of law rules. By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Middlesex or Suffolk County, Massachusetts.
This Site is controlled and operated by ThingMagic from its offices within the United States. Without limiting anything else, ThingMagic makes no representation that the content, materials, services, information, or products available on or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations are responsible for compliance with applicable laws. The waiver or failure of ThingMagic to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions. If there is a determination that any provision of these Terms and Conditions are invalid or unenforceable, that determination will not affect the rest of the Terms and Conditions and the Terms and Conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable. ThingMagic reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
- Contacting ThingMagic
Brett Humphrys, General Manager: Brett has over 25 years of experience in a variety of industries including nuclear, oil and gas, chemicals and utilities. He joined Trimble in 2005 as director of finance for the Field Solutions segment. In 2008 he became the general manager of the Global Services division, providing a variety of aftermarket services to Trimble customers. Prior to joining Trimble, he held a variety of positions at Oak Ridge National Laboratory, Exxon, Eastman Kodak and Eastman Chemical Company. Throughout his career, Brett has held roles in many facets of business including manufacturing, engineering, finance and business management. He received his M.B.A. from Duke University, a BS in Mechanical Engineering and an MS in Industrial Engineering from the University of Tennessee.
Bernd Schoner, VP Business Development, Founder: Bernd's expertise includes time series prediction, nonlinear estimation, stochastic processes, machine learning, neural networks, and audio processing. His research has led to devices and software applications as unique as the Marching Cello, a wearable instrument providing the functionality of a cello, and a giant polyphonic floorboard for the Flying Karamazov Brothers. Despite his work on digital stringed instruments, he still enjoys playing his acoustic cello, and is also a competitive gymnast. Bernd holds a Diplom-Ingenieur in Electrical Engineering from Rheinisch-Westphälische Technische Hochschule Aachen, Germany, and an Ingénieur des Arts et Métiers in Industrial Engineering from Ecole Centrale de Paris, France. He received his Ph.D. from the MIT Media Laboratory in 2000.
Effective Date: March 1, 2008
- Collection of Personally Identifiable Information (PII) from You
ThingMagic may collect Personally Identifiable Information (PII) from you through the Site. PII is any information which could potentially be used to identify or contact you. PII collected may include tracking your home server domain name or IP address, e-mail address, or telephone number. ThingMagic may also collect PII such as your fax number, postal address, or payment information (credit card number and billing address) knowingly provided by you in online order forms, sign-up forms, contact forms, online resume submissions, registration forms, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data).
When you perform a search within the Site, ThingMagic may record information identifying you or linking you to the search performed. ThingMagic may place Internet “cookies” on your hard drive. Internet cookies save data about you, such as your name, password, username, screen preferences and the pages of the site you viewed. When you return to the Site, ThingMagic may recognize you by the Internet cookie and customize your experience accordingly. You may decline Internet cookies by using the appropriate feature of your Web browser.
- Use of PII Collected from You
We may use PII collected for internal purposes for uses that you have opted into. For example, we may use PII for fulfillment of a requested transaction or recordkeeping or to customize the content and layout of the Site for you. PII such as names, postal and e-mail addresses, phone numbers, and other personal information which you voluntarily provide to us may be added to ThingMagic’s databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events.
- Other Information Collected from You and its Use
We may collect other information about your use and navigation of the Site to help us design the Site to better suit your needs and preferences. For example, we may collected information about files downloaded, search engine used, type of Web browser and pages you accessed on the Site. Aggregate data about users’ home servers, use and navigation of the Site may be used for internal purposes, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development or for content improvement.
ThingMagic may also record limited information for every search request and use that information to solve technical problems with the services available directly or indirectly in connection with the Site and to calculate overall usage statistics.
- Disclosure of PII and other Information to Third Parties
ThingMagic will not share your PII with third parties or use it for marketing purposes unless we have your consent. That is, in those situations, you will be allowed to “opt in” by saying yes to such uses, or “opt out” by saying no to such uses.
We may share your PII with our affiliates or our trusted businesses partners in order to have them help process information on our behalf or for technical assistance with our website or systems. We enter into agreements with those third parties which require that they agree to process such information based on our instructions and otherwise in accordance with the terms of this policy and that they implement reasonable confidentiality and security measures.
If ThingMagic enters into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, we will provide you notice before your PII is transferred to such entity.
You should understand that other information that is collected by ThingMagic which is not PII may be disclosed or distributed to a third party.
- Links to Third Party Websites
This Site may contain links to other websites or advertisements for or placed by third parties. Additionally, portions of this Site may be hosted or operated by third parties (such Site portions will be identified by a “powered by” logo or notice or your referral to such portions will be preceded by a notice that you are leaving the main Site or a similar notice). ThingMagic is not responsible for the privacy or data collection practices of such Web sites, advertisers, or third parties, or for the content of any third-party websites or advertisements. It is possible that these links, hosted portions of the Site, or advertisements, themselves, may be used by third parties or others to collect personal or other information about you. It is solely your obligation to review and understand the privacy practices and policies of these other websites and of these advertisers and third parties.
- Security Measures
ThingMagic has taken reasonable precautions to prevent the loss, misuse or alteration of PII. We restrict access to your PII to those employees who need to know that information to provide benefits and services to you and each of those employees has signed a confidentiality agreement. Given the nature of the Internet, please understand that any communication or material you transmit to ThingMagic via the Site or electronic mail, whether encrypted or otherwise, cannot be guaranteed as secure. Accordingly, ThingMagic is not responsible for the security of information you transmit via the Internet or e-mail.
- Opt Out Right
Except in connection with ThingMagic’s provision of services, information, and products requested by you, you may opt out of having your PII prospectively retained by ThingMagic or, used by ThingMagic for secondary purposes, or disclosed by ThingMagic to third parties by contacting ThingMagic in writing via postal mail or e-mail. This opt out right does not apply to collection of other information that is not PII.
- Access to and Ability to Correct Personal Data
Upon your written request by postal mail or e-mail, ThingMagic will provide you with a summary of any of your PII retained by ThingMagic, which information has been voluntarily provided to ThingMagic through the Site through an account registration, customer order, or electronic news or information subscription. You may modify, correct, change or update your PII by contacting ThingMagic via postal mail, e-mail or telephone.
- Right to Change Privacy Statement
- Contacting ThingMagic.
ThingMagic, a JADAK Brand
125 Middlesex Turnpike
Bedford, MA 01730, USA
Toll Free: 1-866-833-4069
Intl Callers: +1-617-499-4090