Terms of Use/Privacy Policy

Terms of Use

Welcome to the website of Mekorma (the “Site”). This website is best viewed using a contemporary browser. Through the Site, you have access to a variety of resources and content. These include: (a) software offerings ("Software"); (b) Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and Webcasts, and documents such as press releases, white papers and product data sheets ("Materials"); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services"). Software, Materials, Community Services, and other information, content and services are collectively referred to as "Content." The following are terms of a legal agreement between you ("You" or "Your") and Mekorma Corporation. By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site ("Terms of Use") and our Privacy Policy. Mekorma may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted.

1. Use of Materials

You may download, store, display on your computer, view, listen to, play and print Materials that Mekorma publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.

2. Reservation of Rights

The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Mekorma or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and Mekorma reserves the right to terminate the permissions granted to you in Section 1 and your use of the Content at any time.

3. Security, Passwords and Means of Accessing the Site and Content

You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Mekorma accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Mekorma accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Mekorma accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Mekorma accounts, computer systems or networks without Mekorma’s express written permission. If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify Mekorma immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.

4. No Unlawful or Prohibited Use

You agree not to use the Site, or Content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.

5. Indemnity

You agree to indemnify and hold harmless Mekorma, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.

6. Monitoring

Mekorma has no obligation to monitor the Site or screen Content that is Shared on or through the Site. Mekorma, however, reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. Mekorma may remove Content that is confidential or proprietary to a third party without that third party's permission.

7. Termination of Use

Mekorma may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Mekorma may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Mekorma may terminate or limit your access to or use of the Site if Mekorma determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Mekorma shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared.

8. Third Party Web Sites, Content, Products and Services

The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Mekorma is not responsible for third party Content provided on or through the Site or for any changes or updates to such third party sites, and you bear all risks associated with the access to, and use of, such Web sites and third party Content, products and services.

9. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEKORMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. MEKORMA MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. MEKORMA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. MEKORMA RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

10. Limitation of Liability

IN NO EVENT SHALL MEKORMA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

11. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 9 AND 10, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

12. Privacy Policy

Mekorma is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Mekorma's Privacy Policy below on this webpage. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with said policy. You understand that Mekorma collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to Mekorma's Privacy Policy.

13. Waiver and Severability

The failure of Mekorma to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.

14. Applicable Laws

All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of Colorado. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Colorado. You and Mekorma agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

15. Contact Information

If you have any questions regarding these Terms of Use, please contact Mekorma at sales@mekorma.com.

We suggest you print a copy of each of these documents for your records.

Last Revised: May 1, 2022

Privacy Policy

Mekorma (the “Company”) is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.

For purposes of this Agreement, “Site” refers to the Company’s website, which can be accessed at mekorma.com. “Service” refers to the Company’s services accessed via the Site, in which users can access product related information, place new product orders and renew existing product maintenance agreements, open new support cases and review the status of existing ones. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. By accessing our Site or our Service, you accept our Privacy Policy and Terms of Use, and you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Policy.

1. INFORMATION WE COLLECT

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information may include but is not limited to: Account Information (first name, last name, company name, email address, job titles, address, phone number, partner information, website password), computer and mobile device information (ip address, ip address location, ip provider, browser information, operating system), contests and promotions (survey answers, entry information given voluntarily), and payment information (not stored by Mekorma), which you submit to us through the registration process at the Site.

Information collected via Technology

To activate the Service you do not need to submit any Personal Information other than your email address. To use the Service thereafter, you do need to submit further Personal Information, which may include Account Information (first name, last name, company name, job titles, address, phone number, partner information, website password), computer and mobile device information (ip address, ip address location, ip provider, browser information, operating system), contests and promotions (survey answers, entry information given voluntarily), payment information (not stored by Mekorma). However, in an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. We use cookies and other technologies on all our sites to ensure the best possible and secure experience on our sites and to provide you with tailored information on products and services. Mekorma also uses cookies or similar technologies on its sites to collect online information such as your mobile device ID, IP address, and other information about your device, as well as behavioral data of your device usage on our sites (e.g. pages viewed, links clicked, documents downloaded). This information contributes to Mekorma’s services designed to provide targeted digital advertising and personalization services to Mekorma customers. Mekorma uses three types of cookies: Required Cookies, Functional Cookies, and Advertising Cookies.

Required Cookies - These cookies are required to enable core site functionality such as providing secure log-in and are automatically enabled when you use this site. They remember log-in details and provide secure log-in, and they remember your task or transaction progress.

Functional Cookies - These cookies enable additional functionality like saving preferences such as allowing social interactions, allowing you to post comments on our site, and analyzing usage for site optimization. They analyze site usage to provide custom content, they conduct analytics to optimize site functionality, and they remember what is in your shopping cart.

Advertising Cookies - These cookies collect information to better understand your interests, provide you with interest-based advertising and tailored content across browsers and devices, facilitate measurement and analytics, and improve Mekorma products and services. They provide you with interest-based offers or ads, they allow third parties to provide you with interest-based ads on non-Mekorma sites, and they allow you to share pages with social networks.

The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.

Information you provide us by registering for an account

In addition to the information provided automatically by your browser when you visit the Site, to become a subscriber to the Service you will need to create a personal profile. You can create a profile by registering with the Service and entering your email address, and creating a user name and a password. By registering, you are authorizing us to collect, store and use your email address in accordance with this Privacy Policy.

Children’s Privacy

Our websites are for a general audience and are not geared toward children. We do not knowingly collect personal information from children under the age of 13 without prior consent of a parent or guardian. If you believe your child may have disclosed personally identifiable information to us, please call +1-888-MEKORMA and it will be removed.

2. HOW WE USE AND SHARE INFORMATION

Personal Information:

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy.

In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers. We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.

Non-Personal Information:

In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

3. HOW WE PROTECT INFORMATION

We use appropriate technical, administrative and physical procedures to prevent loss, misuse or alteration of your information. For example, we use industry-standard protocols to encrypt the information we exchange with you. That way, access to data is limited through the use of technological safeguards. We also comply with payment card industry data security standards during the processing of credit and debit card transactions.

We encourage you to use complex passwords and to change them regularly. While we use both passwords and usernames to protect information online, we also protect your information offline. Only Associates who need the information to perform a specific job are granted access to our Customers’ data. Associates who violate Customer privacy safeguards are subject to disciplinary action, including termination.

4. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

We value our relationship with our Customers, and communications are an important part of that relationship.

We understand that our Customers are individuals, and communications preferences will vary by Customer. Mekorma offers the ability to manage what types of communications the Customer receives from us, and the ability to manage or change preferences. Follow the instructions below:

Email, Mobile and Online Communications

If you have an online account with Mekorma, you can manage your subscriptions to email, mobile and online communications programs, such as our Newsletters, updates emails, via Mekorma Portal at www.mekorma.com.

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by unsubscribing,, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

Do Not Track

Do Not Track (DNT) is a privacy preference that you can set in certain web browsers. When you turn on DNT, the browser may send a signal or other message to web services requesting that they not track you. At this time, our information collection practices will continue to apply as described in this Privacy Policy, regardless of any DNT signals that are sent by certain browsers or selected by you. For more information about DNT, please visit AllAboutDNT.org.

5. LINKS TO OTHER WEBSITES

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

6. CHANGES TO OUR PRIVACY POLICY

The Company reserves the right to change this policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

Our services are provided to U.S. Customers, and this Privacy Policy is governed by U.S. legal requirements. If you access our services from outside the U.S., such as by using our websites, you agree to the application of U.S. law. The Privacy Policy was posted and is effective as of July 29, 2019. We reserve the right to change our Privacy Policy at any time. You can always view the current Privacy Policy by clicking on the Privacy Policy link at the bottom of Mekorma websites.

7. CONTACT US

If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to sales@mekorma.com.

Last Updated: This Privacy Policy was last updated on May 1, 2022.