CFdesign Privacy Policy

Blue Ridge Numerics, Incorporated ("we," "us" or "BRNI") is committed to implementing measures designed to protect the privacy of those using our web site. Although we respect the privacy of all those who visit our web site, we may collect information from our visitors. This Privacy Policy governs your interaction with the BRNI web site. Except as set forth within this Privacy Policy and our Terms of Service and other published guidelines, we do not release personally identifiable information about our visitors without their permission.
Please note that BRNI reviews its privacy practices from time to time, and that those practices are, therefore, subject to change. We ask that you bookmark and periodically review this page to ensure continuing familiarity with the most current version of our Privacy Policy. To contact BRNI about privacy issues, to report a violation of our Privacy Policy or to raise any other issue, please contact us.

THE INFORMATION WE GATHER

BRNI may gather two types of information about web site visitors:

(1) Non-personally identifiable information: When visitors come to our web site, we may collect and aggregate information indicating, among other things, which pages of the web site were visited, the order in which they were visited and which hyperlinks were "clicked." Collecting such information may involve the logging of the IP addresses, operating system and browser software used by each visitor to the BRNI web site. Although such information is not personally identifiable, we can determine from an IP address a visitor's Internet Service Provider and the geographic location of his or her point of connectivity.
We may also use "cookies" - that is, small text files placed on a user's computer hard drive - to help us determine the type of content and sites to which a visitor to the BRNI site links, the length of time each visitor spends at any particular area of the BRNI site and the BRNI services visitors choose to use. Essentially, cookies are a visitor's identification card for the BRNI computers, or servers that placed them there. Our cookies are only read by the server that placed them, and are unable to execute any code or virus. Cookies allow us to serve you better and more efficiently, and to personalize your experience at our web site. Nevertheless, you should be able to control how and whether cookies will be accepted by your web browser. For more information on how to do so, please refer to the documentation accompanying your browser.

(2) Personally identifiable information: If you complete a subscription form on this web site, we require that you provide us with personally identifiable contact information (including, for example, first name, surname, street address, email address and/or telephone number).

HOW WE USE (AND DO NOT USE) THE INFORMATION WE GATHER.
Please take some time to familiarize yourself with the different ways BRNI uses the information that it gathers. Keep in mind that, while BRNI encourages all third parties with whom it deals - including but not limited to its business partners - to adhere to our policies regarding the privacy of our visitors and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties. Nevertheless, in the event that you encounter any third party associated with, or who claims association with, BRNI who you feel is improperly collecting or using information about you, please contact us; we will be happy to forward your message to the third party.

(1) Non-personally identifiable information: We use non-personally identifiable information in aggregate form to build higher quality, more useful products by performing statistical analyses of the collective characteristics and behavior of our visitors, and by measuring demographics and interests regarding specific areas of the BRNI web site. We may provide statistical information based on this data to current and potential business partners.

The BRNI web site may contain links to other Internet web sites or documents contained therein, including sites which may or may not be owned or operated by BRNI. Unless otherwise explicitly stated, we are not responsible for the privacy practices or the content of such web sites, including such sites' use of any information (such as IP address, browser type or operating system) collected when visitors to the BRNI web site click through links to those sites. Even though such information might not identify you personally, we strongly encourage you to become familiar with the privacy practices of those sites.

(2) Personally identifiable information: BRNI may gather personally identifiable information on a subscription form. Subscribers may choose to "opt in" to receive newsletters, updates or promotional materials from BRNI. BRNI will not release any personally identifiable registration information regarding you to third parties for their direct marketing purposes without your prior consent. If you decide that you would like to discontinue receiving newsletters, updates or promotional materials from BRNI and/or its business partners, please contact us.

Also, BRNI may use subscribers' data to "pre-populate" forms which are displayed for the purpose of collecting individual data by BRNI and/or its business partners. In no case does pre-populating a form automatically transfer any data to BRNI or any third party. Only if a user voluntarily requests that such data be transferred will any transfer take place - for example, if/when a user clicks a "submit form" button or other button.

We may share your personal information within BRNI or any of our subsidiary companies worldwide for purposes of data processing or storage and to guide decisions about their products, services, and communications. Blue Ridge Numerics, Inc. is the party responsible for the management of the jointly-used personal information.

By submitting your personal information to us, you agree that your personal information may be shared with and transferred to third parties under the following circumstances:

· Authorized Third Parties. We may share your personal information, including personal information we have combined with other information, with authorized third parties (such as our business partners, service providers, vendors, licensees, authorized third-party agents or contractors ) who help with our business operations, including the storage and processing of personal information for the uses listed in this Privacy Policy (“Authorized Third Parties”). Examples include fulfilling orders, sending communications, removing repetitive personal information from customer lists, ensuring accuracy of personal information, analyzing data and providing related services, providing marketing assistance, and processing credit card payments. We require that Authorized Third Parties to agree to implement reasonable safeguards to protect the personal information, and to use the personal information only for the purposes for which it was provided.

· Channel partners and other business partners. We work with other companies, such as channel partners (including distributors and resellers), who sell our product licenses and services. If you submit personal information to BRNI in order to evaluate, request information about purchasing, and/or to purchase a product or service that is offered by a channel partner or another company with whom we have a relationship, we may share your personal information with that company so the company can process your request (for example, order to ship, supply, maintain, renew or service the products or services that you requested) and you may be contacted by the company. We may combine non-personal information with the personal information shared in order to help personalize your experience. We require any such company to agree to implement reasonable safeguards to protect the personal information, and to use the personal information only for the purposes for which it was provided. BRNI IS NOT RESPONSIBLE OR LIABLE FOR THE USE OF PERSONAL INFORMATION ABOUT YOU BY SUCH COMPANIES.

· Legal compliance. We may disclose your personal information to comply with applicable laws, legal processes, or court orders, and/or to establish or exercise our legal rights or defend against legal claims.

· Safety and enforcement of rights. We may disclose personal information and other information available to us when we believe, in our sole discretion, disclosure is necessary or appropriate in order to investigate, prevent, or take action (including action outside your country of residence) regarding: illegal activities; suspected fraud; brand and other intellectual property protection matters (such as gray market sales or use of BRNI’s trademarks without a license); situations involving potential threats to the physical safety of any person; violations of BRNI’s terms of service; violations of end user license agreements; or as otherwise required by law (including laws outside your country of residence).

· Merger, bankruptcy and other transactions. If BRNI should merge with another company, file for bankruptcy, or if BRNI should decide to sell or reorganize some part or all of its business, we may disclose your personal information to prospective or actual purchasers. We may also share personal information about you with our consultants and advisors (such as accountants and lawyers) in connection with such transactions.

Transfer of personal information

We may transfer, use, and store personal information about you to Blue Ridge Numerics, Inc. in the United States or other countries, to any BRNI subsidiary worldwide, or to Authorized Third Parties acting on our behalf. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to the United States to Blue Ridge Numerics, Inc. and to other countries where BRNI, and Authorized Third Parties acting on our behalf, operate, the privacy laws of which may be less strict than those of your country. By providing your personal information you fully understand and unambiguously consent to the transfer, processing, and storage of such information as described in this Privacy Policy.

DELETING PERSONAL INFORMATION

If you would like to have your personally identifiable information removed from BRNI's database, please contact us, and we will use reasonable efforts to comply with your request. Keep in mind, however, that there will be residual information that will remain within BRNI’s databases, access logs and other records, which may or may not contain such personally identifiable information. The residual information will not be used for commercial purposes; however, BRNI reserves the right, from time to time, to re-contact former subscribers of its web site.

QUESTIONS?

Questions regarding this Privacy Policy should be directed to BRNI. You may contact us through our web form or by postal mail at

Blue Ridge Numerics, Inc.
650 Peter Jefferson Parkway
Suite 250
Charlottesville, VA 22911
United States

TERMS OF USE AGREEMENT

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE. BRNI, Incorporated. ("Company," "we," "us") provides this web site and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between Company and you, the Site visitor (including your employer and any affiliates and its or their employees, contractors and agents, "you") with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site.

We reserve the right at any time to:

Change the terms and conditions of this Agreement;

Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
Change any fees or charges for use of the Site.

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or electronic mail. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.

Materials. The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the "Materials"), are intended to educate and inform you about our products. Unless otherwise specified on the Site, you may download Materials displayed on the Site, and may use the downloaded Materials, solely for your internal business needs. You may print a single copy of any textual Material available for downloading on the Site, and may execute a single copy of any software available for downloading on the Site ("Software"). You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, the Materials remain the property of Company or its licensors or suppliers. Use or downloading of the Software and other Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Software or other Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Company or, if so indicated in writing by Company, its licensors or suppliers.

Code of Conduct. While using the Site, Materials and/or Software, you agree not to: restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; use the Site, Materials or Software for any unlawful purpose; express or imply that any statements you make are endorsed by us, without our prior written consent; transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us), engage in spamming or flooding; transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software; remove any copyright, trademark or other proprietary rights notices contained in the Site, Materials or Software; "frame" or "mirror" any part of the Site without our prior written authorization; link to any page of or content on the Site other than the URL located at http://www.cfdesign.com/; use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or harvest or collect information about Site visitors or registered users without their express consent. While using the Site, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations.

Electronic Communications. When you visit BRNI 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.

License and Site Access. BRNI grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BRNI. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this 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 site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BRNI. 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 BRNI without express written consent. You may not use any meta tags or any other “hidden text” utilizing BRNI’s name or trademarks without the express written consent of BRNI. Any unauthorized use terminates the permission or license granted by BRNI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BRNI so long as the link does not portray BRNI, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BRNI logo or other proprietary graphic or trademark as part of the link without express written permission.

Children. The BRNI site is not appropriate for children under 18, and we do not collect information from persons under 18. If you are under 18, please do not use this site. BRNI reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Descriptions of Products and Services. Descriptions or images of, or references to, third party products or services on the Site do not imply Company's endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references. Price and availability of any product or service are subject to change without notice.

Information Provided by Company. Although Company strives to provide Materials that are both useful and accurate, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although Company endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Please contact us to determine whether you have the most recent version of the Materials made generally available by Company, although even the most recent version available from Company may not be up-to-date, accurate or complete.

In addition, portions of the Materials have been contributed to the Site by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and Company expressly disclaims any liability with respect to the foregoing.

Company hopes and believes that the Materials will be helpful as background reference, but they should not be construed as professional advice on any subject matter. Company has endeavored to comply with legal and ethical requirements known to the Company personnel who compiled this Site, but the availability or use of the Materials is not intended to create, and does not create, any professional services relationship between you and Company. Use of the Materials is not an adequate substitute for obtaining professional advice from a qualified provider. You agree you will not act or refrain from acting based on any of the Materials without first seeking the services of a competent professional.

Submissions and Postings. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.

Privacy. Please read the BRNI Privacy Policy at the top of this page.

Links. The Site may contain links to other Internet web sites or documents contained therein, which may or may not be owned or operated by Company. Company has not reviewed all of the web sites that are linked to the Site, and Company has no control over such sites. Unless otherwise explicitly stated, Company is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Company offers such links does not indicate any approval or endorsement of any material contained on any linked site. Company is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Ownership and Restrictions on Use. The Site is owned and operated by Company in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Company and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by Company or, if so indicated in writing by Company, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks"), including without limitation the name CFDesign, BRNI and the BRNI logo, are the registered and unregistered trademarks of Company, Company's licensors and suppliers, and others. The Trademarks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company's, in any manner that is likely to cause confusion with customers, or in any manner that disparages Company. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company, Company's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

We reserve the right to limit the availability of the Site and/or the provision of any service, program, software or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, software or other product that we provide.

Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

Disclaimers. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site or Materials could include inaccuracies or errors, or information or materials that violate this Agreement (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Materials. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

Limitation of Liability. NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, SOFTWARE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

Indemnification. You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.