Privacy Statement

Xyte, Inc. is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build users’ trust and confidence in the Internet by promoting the use of fair information practices. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe. By displaying the TRUSTe trustmark, this Web site has agreed to notify you of:

1. What personally identifiable information of yours or third party personal identification is collected from you through the Web site

2. The organization collecting the information

3. How the information is used

4. With whom the information may be shared

5. What choices are available to you regarding collection, use and distribution of the information

6. The kind of security procedures that are in place to protect the loss, misuse or alteration of information under Xyte’s control

7. How you can correct any inaccuracies in the information

If you have questions or concerns regarding this statement, you should first contact Customer Support by email: support@xyte.com. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe through the “TRUSTe WatchDog Dispute Resolution Process”. TRUSTe will then serve as a liaison with the Web site to resolve your concerns.

Information Collection and Use

Xyte, Inc. is the sole owner of the information collected on this website. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Xyte, Inc. collects information from our users at several different points on our Web site. Xyte, Inc. does not send any promotional, advertising and/or marketing email. Customers purchasing our product receive one email verifying username and password.

Cookies

Users should be aware that Xyte.com does not use cookies.

Sharing

Any information entered into on your password protected area of this site is accessible by Xyte, Inc. and will only be shared with your affiliated sponsored entity (i.e., company, military services or groups). The cognofile information is not linked to any personal information that can identify any individual person.

Links

This Web site contains links to other sites. Please be aware that Xyte, Inc. is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Security

This Web site takes every precaution to protect our users’ information. When users submit sensitive information via the Web site, your information is protected both online and off-line.

While we use encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our customer service representative) are granted access to personally identifiable information. ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected. Finally, the servers on which we store personally identifiable information are kept in a secure environment, behind a locked door.

If you have any questions about the security at our Web site, you can send an email to: support@xyte.com.

Log Files

Like most standard Web site servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

Correction/Updating Personal Information

If a user’s personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we provide a way to correct, update or remove that user’s personal data provided to us. This can be done by sending an email to our Customer Support at support@xyte.com.

Notification of Changes

If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with judicial proceeding, a court order or legal process served on our Web site.

Terms and Conditions

Welcome to Xyting Insight™’s Web site (the “Site”), currently located at www.xyte.com. Please read the following rules and understand that when you use our Site, it means that you agree to follow the guidelines and conditions outlined in it (the “Agreement”). From time to time, the terms of our Site may change. Any time you use our Site, it means that you accept and will abide by the Agreement and any changes to the rules.

IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE IMMEDIATELY LOG OFF THIS WEB SITE.

What this Site Contains

Xyte maintains the Web site to inform, educate and communicate with potential customers. It also contains general information about the company and an E-store or product purchasing, which features online ordering capabilities. All customers must be 18 years of age to place an order.

No Purchase by Minors

By requesting a cognofile assessment or ordering a product from Xyte’s online E-store, a customer represents that he or she is 18 years or older.

Taxes

The customer shall be responsible for the payment of all sales, use, and similar taxes relating to the purchase of the product.

Postage and Handling

The customer shall be responsible for the payment of all postage and handling charges relating to the purchase of the product from Xyte’s online Xyting Insight™ E-store.

Use of Materials on this Web Site

Unless otherwise noted, Xyte, Inc. owns or controls the copyrights and trademarks for all the photographs, illustrations, designs, icons, logos, and written material (the “Contents”) appearing on the Xyte Web site. The Site as a whole is also protected by copyright and trademark laws. You may download one (1) copy of the Contents and any downloadable materials in temporary storage on your computer for PERSONAL USE ONLY. You have no rights, titles, or interest to any materials you download. You may NOT reproduce, distribute, change, display, recreate, publish, report, transmit, sell, or otherwise use the Contents of the Site without the written permission of Xyte, Inc. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed through this Web site, please notify Xyte immediately at the following address: Xyte, Inc., Intellectual Properties, 4246 Schneider Drive, Oregon, WI 53575.

Your Communications to Xyte

We would like to hear from you. However, you should know that Xyte does not accept or consider any creative ideas or suggestions related to products or marketing plans unless we have specifically requested them. Therefore, please do not send Xyte any creative or original materials or products, or any other creative suggestions, ideas, notes, drawings, concepts, or other information. Anything you transmit or post (your suggestions, know-how, techniques, concepts, ideas, and other submissions to editorial departments or to the company in general (“Comments)), becomes the sole property of Xyte. Xyte is free to use for any purpose whatsoever any Comments you send to the Web site, including but not limited to publishing or developing, manufacturing, and marketing products using such information. Except as governed by our online Privacy Policy, any communication or material you transmit to the Xyte Web site by electronic mail or otherwise, including any data, questions or answers, comments, and suggestions, is and will be treated as non-confidential and nonproprietary. You agree that no Comments you submit to the Site violate the right of any other person. You also agree that no Comments you submit contain libelous, unlawful, abusive, or obscene material. You agree that you are completely responsible for the content of any Comments you make.

Disclaimer and Limitation of Liability

The material in the Xyte Website could include technical inaccuracies or other errors. Your use and browsing of this Website is at your risk. Neither Xyte, its staff, nor any other party involved in creating, producing, or delivering the site will be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Xyte does not warrant that this Website will meet your requirements or achieve a particular result, or that the functional aspects of this Website will be uninterrupted or error free, or that this Website or the server that makes it available are free of viruses or other harmful components. If your use of this Website or the material contained on this Website results in the need for servicing or replacing property, material, equipment, or data, Xyte will not be liable for those costs. Without limiting the foregoing, everything on this Website is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The disclaimers and limitations contained in this paragraph are a material part of our agreement to provide this Website to you. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Xyte reserves the right to make changes to the Xyte Web site at any time without notice.

Links

Xyte has not reviewed all of the sites that have linked themselves to the Xyte Web site and is not responsible for the contents of any off-site pages or any other sites linked to this Site. The inclusion of any link to such sites does not imply that Xyte endorses or supports those sites. Your linking to any other off-site pages or other sites is at your own risk. If you are a minor who wants to link to the Xyte Web site, a parent or adult should first contact support@xyte.com before creating that link so the site may be previewed. Xyte does not allow the unauthorized use of Xyte logos, trademarks, or other graphics to create links. Text links are permitted upon approval and requests must be made to Site customer support at support@xyte.com.

General Provisions

Xyte may revise these terms from time to time by updating or revising this posting, with the revised terms taking effect as of the date of the posting. Xyte controls and operates the site from its headquarters in Madison, Wisconsin, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws. This Site may describe Xyte products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible, and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to the Site must be commenced within one year after the claim or cause of action arises, or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America, without regard to its conflicts of law provisions.