Terms and Conditions

Welcome to MetaLab Inc. (ML) Web site.

We provide our services to you at our Web site, accessible via www.meta-lab.com, www.metalab.us, www.practicam.com, and www.practicad.com (hereafter jointly referred to as “our URLs”), subject to the following conditions.

Please read them carefully.

IF YOU ACCESS, USE, VISIT OR SHOP AT ML WEB SITE, YOU ACCEPT THESE CONDITIONS IN THEIR ENTIRETY.

In addition, when you use any of our current or future services or visit or purchase from any business affiliated with ML, whether or not included in our Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

Please review our Privacy Notice, which also governs your visit to our Web site, to understand our practices.

When you visit ML Web site via any of our URLs, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included on this Web site, including but not limited to text, graphics, logos, button icons, images, photographs, illustrations, audio and video clips, design layout, design descriptions, digital downloads, data compilations, and software, is the property of ML or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Web site is the exclusive property of ML and protected by United States and international copyright laws. All software used on this Web site is the property of ML or its software suppliers and is protected by United States and international copyright laws.

From time to time, ML may wish to permanently transfer the copyright for a specific content, owned by ML, into the public domain. If such transfer occurs, the specific content for which the copyright was transferred, will be marked and identified.

PractiCAM™, PractiCAD™, PractiCut™, Making Things. Easy.™, automatics™ and other marks indicated on our Web site are trademarks of ML in the United States and other countries. ML graphics, logos, button icons, scripts, and service names are trademarks or trade dress of ML. ML’s trademarks and trade dress may not be used in connection with any product or service that is not ML’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ML.

All other trademarks not owned by ML that appear on this Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ML.

ML grants you a limited license to access and make personal use of this Web site, but not to download (other than page caching) or modify it, or any portion of it, except with the expressed written consent of ML. This license does not include any resale, reproduction, distribution, transmission or commercial use of this Web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Web site or any portion of this Web site may not be reproduced, duplicated, copied, distributed, sold, resold, transmitted, visited, or otherwise exploited for any commercial purpose without an expressed written consent of ML. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ML and our affiliates without an expressed written consent. You may not use any meta tags or any other “hidden text” utilizing ML’s name or trademarks without the expressed written consent of ML.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ML Web site so long as the link does not portray ML, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any ML logo or other proprietary graphic or trademark as part of the link without an expressed written permission.

Any unauthorized use terminates the permission or license granted by ML.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. ML does not sell products for children, and does not sell products to children. If you are under 18, you may use ML shopping facilities only with involvement of a parent or guardian. ML and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Visitors may post reviews, comments, and other content; send e-mails and other communications; and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, abusive, profane, defamatory, invasive of privacy, infringing upon intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-mail or other content.

If you do post content or submit material, and unless we indicate otherwise, you grant ML and its affiliates a nonexclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, distribute, and display such content throughout the world in any media. You grant ML and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you agree to defend, indemnify and hold ML and its affiliates, directors, officers, employees, and agents harmless against any and all claims asserted against ML and its affiliates, directors, officers, employees, and agents as a result of your use of the site, including without limitation any claims relating to the content of any information that you publish using ML Web site.

ML has the right but not the obligation to monitor and edit or remove any activity or content. ML takes no responsibility and assumes no liability for any content posted by you or any third party.

ML respects intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including any applicable information;
• Your name, address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

This information should be sent to our mailing address indicated at the end of this page.

All items purchased from ML are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

ML and its affiliates attempt to be as accurate as possible. However, ML does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ML itself is not as described, your sole remedy is to return it in unused condition.

ML would like to reward you for every copy of PractiCAM™ and PractiCAD™ sold with your help. The amount of reward will amount to 10% of the actual PractiCAM and/or PractiCAD sales price in the purchase order submitted to ML by you.

In order to qualify for this offer, you should do the following:

Print out ML purchase order form, located on this site.
Fill it out, get an authorized signature on it, and make sure that your name, address and your tax I.D. are in “Submitted by” fields.
Send it to us with a signed order letter on a company letterhead.

The check for your commission (10% of the PractiCAM and/or PractiCAD sales price) will be issued in your name as soon as the purchase order is accepted, processed, and paid in full by the purchaser.

This offer is subject to ML approval. This offer cannot be combined with any other offers, and can be discontinued without a notice.

As a convenience to you, we provide links to other sites of affiliated companies and certain other businesses and individuals. These links may be of interest to you but are not under control of ML, and do not constitute or imply an endorsement by ML.

We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ML does not assume any responsibility or liability for the actions, product, and content provided by all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

THIS SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ML MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR REPRESENTED ON THIS SITE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ML DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Although we use our reasonable best efforts to ensure seamless functioning of the site, ML DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ML ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ML WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

By visiting our Web site, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions, and any dispute of any sort that might arise between you and ML or its affiliates.

Any dispute relating in any way to your visit to our Web site or to products you purchase through our Web site shall be submitted to a confidential arbitration in Houston, Texas, except that, to the extent you have in any manner violated or threatened to violate ML’s intellectual property rights, ML may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Please review our other policies, such as our Privacy Notice, posted on this site. These policies also govern your visit to our Web site. We reserve the right to make changes to our Web site, our policies, and these Terms and Conditions at any time without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

MetaLab Inc.
14355 Schiller Road
Houston, Texas 77082
United States of America
http://www.meta-lab.com
mailbox@meta-lab.com

Privacy Notice

ML knows that you care how information about you is used and shared, and we appreciate your trust in our ability to do so carefully and sensibly. This notice describes our privacy policy. By visiting our Web site, you are accepting the practices described in this Privacy Notice.

The information we learn from customers helps us improve your visiting and shopping experience at our Web site. We gather several types of information.

• Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of some of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our site, and communicating with you. You provide most such information when you search, buy, post messages, participate in a questionnaire, or communicate with our customer service. As a result of those actions, you might supply us with such information as your name, address, and phone number; credit card information; people to whom purchases have been shipped, including address and phone number; content of reviews and e-mails to us; personal descriptions and images; and financial information, including Social Security and driver’s license numbers.
• Automatic Information: We receive, store and analyze certain types of information whenever you interact with us. Examples of this information include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type and version, operating system, and platform; purchase history; the full Uniform Resource Locators (URL) clickstream to, through, and from our Web site, including date and time; cookie number; products you viewed or searched for; pages you visited; your visit history, and phone number used to call our phone. A number of companies offer utilities designed to help you visit Web sites anonymously (for example, www.anonymizer.com, www.ultimate-anonymity.com, www.somebody.net). Although we will not be able to provide you with a personalized experience at our Web site if we cannot recognize you, and we do not endorse any of these products, we want you to be aware that these tools exist.
• E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from ML if your computer supports such capabilities. We also may compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please tell us about it and/or adjust your Communication Preferences.
• Information from Other Sources: From time to time, we may receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily.

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide various convenient features. We utilize cookies to facilitate your access to our Web site; simply speaking, we utilize them in order to be able to recognize you when you visit us. If you would like to learn more about cookies, you may want to review the Help facility, available in most browsers, which will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

Information about our customers is the most important part of our business, and we are not in the business of selling it to others. We share customer information only as described below.

• Affiliates: In some cases, these businesses may sell offerings to you at ML Web site. In other cases, we may provide services, or sell product lines jointly with these businesses. You can tell when another business is involved in your transactions, and we may share customer information related to those transactions with that business.
• Agents: We may employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
• Promotional offers: Sometimes we may send offers to selected groups of ML customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please tell us about it.
• Business transfers: As we continue to develop our business, we might sell or buy stores or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in an event that ML or substantially all of its assets are acquired, customer information will, of course, be one of the transferred assets.
• Protection of ML and others: We release account and other personal information when we believe release is appropriate to comply with law; to enforce or apply our Conditions and other agreements; or to protect the rights, property, or safety of ML, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
• With your consent: Other than as described above, you will receive a notice when information about you might go to a third party, and you will have an opportunity to choose not to share the information.

We protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against any unauthorized access to your password and/or to your computer. Be sure to sign off when you finish your visit.

ML gives you access to your account information for the limited purpose of viewing and, in certain cases, updating that information. As our Web site evolves, an additional access features may become available.

As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of some of our Web site features.

You can add or update certain information on pages such as those listed in the “Your information” section above. When you update information, we usually keep a copy of the prior version for our records.

If you do not want to receive e-mail or other mail from us, please tell us about it, and/or adjust your Communication Preferences. (If you do not want to receive Terms and Conditions and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of ML Web site, and it is your responsibility to review them for changes.)

ML does not sell products for purchase by children. We may sell children’s products for purchase by adults. If you are under 18, you may use ML Web site only with involvement of a parent or guardian.

If you choose to visit our Web site via any of our URLs, your visit and any dispute over privacy is subject to this Notice and our Terms and Conditions, including limitations on damages, arbitration of disputes, and application of the law of the State of Texas. If you have any concern about privacy at our Web site, please send us a thorough description to mailbox@meta-lab.com, and we will try to resolve it.

Our business changes constantly. This Notice and the Terms and Conditions will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes.