Legal

At Terbium, we are serious about your privacy and security.

  • Privacy Policy
  • Terms of Use

    • Privacy Policy

    Terbium Labs (“Terbium”) is committed to protecting the privacy and security of the data of its website visitors. We want you to understand how we collect and use information from our website so you can interact with Terbium with confidence. By using Terbium’s website (“Site”), you accept and agree to the practices this Privacy Policy describes.


    Information We Collect


    When you use with our Site, we may collect and use personally identifiable information about you, as well as other information. “Personally identifiable information” includes your name, email address, and other similar information that can be used to identify you. More specifically, when you use our Site, we may collect the following information:

    • Details of your visits to our Site and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, browser type, the date and time you accessed or left the Site, and which pages you viewed. Some parts of our Site use cookies and other technologies to collect this information about your general internet usage. See the section below called “How We Use Cookies and Pixel Tags” to learn more.
    • Information that you provide directly to us by filling in forms on our Site, including your name, email address, or other information.
    • Information provided to us when you communicate with us for any reason, including information you provide in emails you send us, or submissions you may make to our contact form.

    How We Use Cookies


    A “cookie” is a small computer file that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Keep in mind, however, that some website features or services may not function properly without cookies.


    "Do Not Track" Requests


    Terbium’s Site currently does not respond to “do not track” or similar signals.


    Use of Your Information


    We use the information we collect from you primarily to enable us to provide our services to you in the best possible manner. In addition, your information may be used for the following purposes:

    • To provide you, including via your email address, with information relating to our services;
    • To administer our Site, including by monitoring and analyzing our Site traffic and usage patterns.

    Security


    We use physical, electronic, and administrative procedures to safeguard and secure the information we collect on our Site. These procedures include, but are not limited to, firewalls, encryption, intrusion detection, and Site monitoring. We also limit access to any personally identifiable information we receive to employees who need access to that information in order to do their jobs. However, no data protection procedures are entirely infallible. As a result, while we strive to protect your personally identifiable information, we cannot guarantee that it will be 100% secure. Your transmission of your data to our Site thus is done entirely at your own risk.


    Sharing Your Information


    We may share your personal information as follows:

    • Assist us in providing our products and services to you, including by acting on our behalf to fulfil orders, deliver packages, send postal mail and email, remove repetitive information from customer lists, analyze data, provide marketing assistance, process credit card payments, and provide customer assistance;
    • Compile statistics and reports regarding our audience and the users of our Sites, products, and services.

    Such third parties have access to personal information as needed to perform their functions, but they are not allowed to use it for other purposes. We do not sell or rent personal information collected through the Site to anyone.

    We may disclose your personal information to third parties if we are involved in a merger, acquisition, or sale of any or all of our business and/or our assets to a third party, or if we have a good faith belief that disclosure is necessary to:

    • comply with applicable laws, regulations, legal process (such as a subpoena), or enforceable government request;
    • enforce applicable Terms of Service, including investigation of potential violations of such Terms, or to detect, prevent, or otherwise address fraud, security, or technical issues; and
    • protect against harm to the rights, property, or safety of Terbium, our users, or the public as required or permitted by law.

    Third Party Websites


    Terbium’s Site may contain links to other sites, including those of third parties or business partners. While we seek to link only to sites that share our high standards and respect for privacy, we cannot be responsible for the privacy practices other websites use. By accessing other third party websites or applications through our Site, you are consenting to the terms and privacy policies of those websites. It is possible that other parties may collect personally identifiable information about your online activities over time and across different web sites when you use Terbium’s Site.


    International Visitors


    Terbium’s Site is hosted and operated in the United States (“US”) and elsewhere in the world. By using the Site, you are consenting to the transfer of your personal information to the US. If you are accessing the Site from outside the US, please be advised that US law may not offer the same privacy protections are the law of your jurisdiction.


    California Privacy Rights


    California law allows California residents to ask companies with whom they have an established business relationship to provide certain information about the companies’ sharing of personal information with third parties for direct marketing purposes. Terbium does not share any California consumer personal information with third parties for marketing purposes without consent. California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices may contact us using the contact information set forth below.


    Users Only of Legal Age of Majority


    Our Site is designed and intended for those who are at least 18 years old. By using our Site, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age. No one under age 13 is authorized to submit any information, including personally identifying information, on our Site. Under no circumstances may anyone under age 13 use our Site. Parents or legal guardians of children under 13 cannot agree to these terms on their behalf.


    Privacy Policy Updates


    This Privacy Policy was last updated on June 2, 2015. We update the Privacy Policy from time to time, so please review it regularly. If we materially change our Privacy Policy, we will notify you by contacting you through your user account e-mail address or by posting a notice on our Site. Your continued use of the Site will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the Site and notify us that you do not want your information used in accordance with the changes.


    Contacting Us


    We welcome any questions, comments, or complaints you may have regarding this Privacy Policy. Please do not hesitate to contact us using the link above.

    Terms of Use


    Introduction


    The following are the terms and conditions of your use of the Terbium web site (the “Site”) (the “Terms of Use”). These Terms of Use form a legal agreement between you and Terbium. By using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms, and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

    The effective date of these Terms of Service is June 2, 2015. These Terms and Services are last updated on June 1, 2015.

    Terbium may, without notice, at any time revise these Terms of Use and any other information contained in this Site; we will specify on the Site the date on which these Terms of Use were last revised. Terbium may also, without notice, at any time make improvements or changes in the products, services, or programs described in this Site. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to them.


    The Site's Content


    Terbium owns, controls, and/or licenses all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on the Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content. The Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.

    This Site and all Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without Terbium’s prior written consent. However, as long as you comply with these Terms of Use, Terbium grants you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Site. This permission is conditioned on your not modifying the Site Content, and your acceptance of any terms, conditions, and notices accompanying the Content or otherwise set forth in this Site. Notwithstanding the foregoing, any materials available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

    Your failure to comply with the Site’s terms, conditions, and notices will result in automatic termination of any rights granted to you, without prior notice. Except for the limited permission in the preceding paragraph, Terbium does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.


    Prohibited Uses of the Site


    You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, by hacking, password “cracking,” or any other illegitimate means. You may not breach the security or authentication measures on the Site or any other systems or networks connected to the Site, or otherwise attempt to interfere with the proper functioning of the Site.

    You may not impersonate any other individual or entity when using this Site. You may not use the Site or any Content for any unlawful or prohibited purpose, or to solicit the performance of any illegal activity. You may not use the Site to defame, harass, threaten, or intimidate others.


    Links to Other Sites


    This Site may contain links to independent third-party Web sites (“Linked Sites”). Terbium provides these Linked Sites solely for your convenience, and does not control or endorse any of them. Terbium cannot be responsible for the content, security, or privacy policies of such Linked Sites.


    Violation of These Terms of Use


    You agree that Terbium may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if Terbium determines that you have violated these Terms of Use or other agreements or guidelines associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Terbium, for which monetary damages would be inadequate, and you consent to Terbium obtaining any injunctive or equitable relief that Terbium deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Terbium may have at law or in equity.

    You agree that Terbium may, in its sole discretion and without prior notice, terminate your access to the Site, including as a result of (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. Terbium similarly reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

    If Terbium takes any legal action against you due to your violation of these Terms of Use, Terbium will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Terbium. You agree that Terbium will not be liable to you or to any third party for termination of your access to the Site for any reason.


    Disclaimers and Limitations of Liability


    TERBIUM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

    ALL INFORMATION PROVIDED ON THE SITE, INCLUDING AS TO PRICING, FEATURES, AND AVAILABILITY OF PRODUCTS AND SERVICES, IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THIS SITE.

    TERBIUM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TERBIUM CANNOT ENSURE THAT ANY INFORMATION YOU TRANSMIT TO THE SITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. TERBIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TERBIUM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TERBIUM SERVICES.

    YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TERBIUM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

    IN NO EVENT WILL TERBIUM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE WHATSOEVER DAMAGES, INCLUDING LOST PROFITS, EVEN IF TERBIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, TERBIUM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, TERBIUM’S LIABILITY SHALL IN NO EVENT EXCEED US $100.00. PLEASE BE ADVISED THAT SOME JURISDICTIONS RESTRICT LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION.

    The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction.


    Indemnity


    You agree to indemnify and hold Terbium, its existing and future officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Terbium by any third party due to or arising out of or in connection with your use of the Site.


    Dispute Resolution


    You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Maryland without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Baltimore City, Maryland, and waive any objection to such jurisdiction or venue.

    Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to costs and attorneys’ fees.


    International Issues


    Terbium administers and operates the Site from its location in the State of Maryland, in the United States. Information on Terbium’s Site may contain references to Terbium products, programs and services that are not available in your country. Such reference does not imply that Terbium intends to make such products, programs, or services available in your country. Any offer on the Site for any feature, product, or service is void where prohibited. If you choose to access the Site from outside the United States, you are responsible for complying with applicable local laws.

    Certain text in Terbium’s Site may be available in languages other than English. These translations are provided as a convenience to you, and Terbium makes no representations or commitments regarding the accuracy or completeness of the translation.


    Miscellaneous


    If a court or other tribunal of competent jurisdiction holds any of the provisions of these Terms of Use to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

    These Terms of Use constitute the entire agreement between you and Terbium with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Terbium with respect to such use are hereby superseded and cancelled.

    Terbium’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as Terbium’s waiver of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Terbium and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Terbium customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.


    Feedback


    Terbium welcomes any feedback you have regarding the Site. Please be aware that any feedback you provide shall be deemed non-confidential, and Terbium shall be free to use such information on an unrestricted basis. Please provide any feedback using the link above.