Terms of Service

Acceptance of Terms

By accessing, browsing, or using this Site in any manner — including submitting a contact form — you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Metric Networks. If you are using this Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

We reserve the right to update or modify these Terms at any time. Your continued use of the Site after any changes constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

Description of Services

Metric Networks provides IT solutions and enterprise network consulting services to businesses and organizations. Our core service areas include, but are not limited to:

• Data backup and recovery — design, implementation, and management of backup strategies
• Business continuity planning — disaster recovery planning and infrastructure resilience
• Enterprise network design and deployment — architecture, installation, and management of business networks
• Virtualization migrations — including VMware to Proxmox platform migrations and virtualization infrastructure consulting

This Site serves as an informational marketing presence and a contact channel for prospective clients. The Site itself is not a software product, subscription service, or SaaS platform. Any specific IT services rendered to a client will be governed by a separate written service agreement or statement of work ("SOW") executed between Metric Networks and the client. In the event of a conflict between these Terms and a signed SOW, the SOW shall control.

Nothing on this Site constitutes a binding offer to perform services; all engagements are subject to mutual agreement and execution of a separate contract.

Use of This Site

Permitted Use. You may access and use this Site for lawful purposes — including learning about our services, reading our content, and submitting a genuine inquiry via the contact form. You agree to use the Site in a manner consistent with all applicable laws and regulations.

Prohibited Conduct. You agree that you will not:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
• Submit false, misleading, or fraudulent information through the contact form
• Attempt to gain unauthorized access to any portion of the Site, our servers, or any systems connected to the Site
• Use automated tools (scrapers, bots, crawlers) to harvest data from the Site without our prior written consent
• Transmit any viruses, malware, or other malicious code through the Site
• Impersonate any person or entity, or falsely claim an affiliation with any person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which may harm Metric Networks or expose it to liability
• Use the contact form to send spam, unsolicited commercial messages, or harassment

We reserve the right to terminate or restrict access to the Site for any user who violates these Terms, at our sole discretion and without notice.

Intellectual Property

All content on this Site — including but not limited to text, graphics, logos, icons, images, service descriptions, page layouts, and the overall "look and feel" — is the property of Metric Networks or its content suppliers and is protected by United States copyright law and international intellectual property treaties.

The Metric Networks name, logo, and any service marks displayed on this Site are trademarks or registered marks of Metric Networks. Nothing on this Site grants you any license to use our trademarks.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the content on this Site solely for personal, non-commercial informational purposes. You may not:

• Reproduce, copy, or redistribute any content from this Site without our express written permission
• Modify, adapt, translate, or create derivative works based on Site content
• Use Site content for any commercial purpose without prior written authorization

If you believe any content on this Site infringes upon your intellectual property rights, please contact us at support@metricnetworks.net.

User-Submitted Content

When you submit information through our contact form (including your name, contact details, and message), you represent and warrant that:

• All information you submit is accurate and truthful to the best of your knowledge
• You have the right to submit the information and to grant us the right to use it for purposes of responding to your inquiry
• Your submission does not violate any applicable law or infringe the rights of any third party
• Your message does not contain any material that is defamatory, obscene, harassing, threatening, or otherwise objectionable

By submitting information through the contact form, you grant Metric Networks a limited, non-exclusive license to use, store, and process that information solely for the purpose of responding to your inquiry and conducting our business. We will handle your information in accordance with our Privacy Policy.

We reserve the right to decline or disregard any submission that we determine, in our sole discretion, to be spam, abusive, or in violation of these Terms.

Disclaimer of Warranties

THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, Metric Networks expressly disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Site will be uninterrupted, error-free, or free of viruses or other harmful components
• Warranties that the content on the Site is accurate, complete, reliable, current, or suitable for any particular purpose

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL METRIC NETWORKS, ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION — EVEN IF METRIC NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, our liability shall be limited to the greatest extent permitted by law.

In all cases, Metric Networks' total aggregate liability to you for any claims arising out of or related to your use of this Site shall not exceed One Hundred United States Dollars ($100.00). This limitation applies regardless of the form of action — whether in contract, tort, negligence, strict liability, or otherwise — and regardless of whether Metric Networks has been advised of the possibility of such damages.

This limitation of liability does not apply to (a) damages arising from gross negligence or willful misconduct, or (b) liabilities that cannot be limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Metric Networks and its owners, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of this Site or any content obtained from it
• Your violation of these Terms of Service
• Your violation of any applicable law or regulation
• Any information or content you submit through the contact form or otherwise provide to us
• Any infringement by you of the intellectual property or other rights of any third party

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claims.

Third-Party Links

This Site may contain links to third-party websites or services — such as technology vendors, partners, or industry resources — for your convenience and information. These links do not constitute an endorsement, sponsorship, or recommendation by Metric Networks of the linked site or its operator.

We have no control over the content, privacy practices, or policies of any third-party website. When you leave our Site, we encourage you to read the privacy policy and terms of service of any website you visit. Your use of third-party websites is entirely at your own risk, and Metric Networks is not responsible or liable for any content, products, services, or practices offered by third parties.

Governing Law

These Terms of Service, your use of this Site, and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Tennessee, United States of America, without regard to its conflict of law provisions.

To the extent any matter proceeds in court (i.e., for injunctive or equitable relief, or following a failed arbitration), you consent to the exclusive jurisdiction and venue of the state and federal courts located in Knox County, Tennessee. You waive any objection to personal jurisdiction, venue, or inconvenient forum in such courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Dispute Resolution

Informal Resolution. Before initiating any formal dispute proceeding, you agree to contact us first at support@metricnetworks.net and attempt to resolve the dispute informally. We will make a good-faith effort to resolve the issue within 30 days of receiving your notice.

Binding Arbitration. If the dispute cannot be resolved informally, you and Metric Networks agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of this Site through final and binding arbitration, rather than in court, except as specified below. Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules if applicable), as modified by these Terms. The arbitration will be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND METRIC NETWORKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. Additionally, claims that cannot be compelled to arbitration under applicable law may be brought in court.

Opt-Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to support@metricnetworks.net with the subject line "Arbitration Opt-Out." Your notice must include your name, address, and a clear statement that you are opting out of this arbitration clause.

Changes to Terms

We reserve the right to modify or replace these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Effective Date" at the top of this page. For material changes, we may provide additional notice where practicable.

Your continued use of this Site after any updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you should stop using the Site. We recommend bookmarking this page and reviewing it periodically.

Contact Us

If you have any questions or concerns about these Terms of Service, please contact us:

We aim to respond to all inquiries within 5 business days.