Terms of Use
Last updated March 1, 2010
The CertusView website (“Site”) comprises various web pages operated by CertusView Solutions, LLC (“CertusView”).
Please read the following terms (“Terms”) carefully. The Site is offered to you conditioned on your acceptance of these Terms. By visiting the Site, you agree to be bound by these Terms.
Modification of These Terms
CertusView reserves the right, in its sole discretion, to modify these Terms at any time. If we modify these Terms, we will post a notice on the Site that modifications were made. Any modifications will be effective immediately upon posting on the Site. Your continued use of the Site after CertusView posts modifications indicates that you agree to be bound by those modifications. Therefore, it is your responsibility to check the Site for any modifications.
Persons under Age 18
You must be at least 18 years old to use the Site. You are not authorized to use the Site if you have not yet reached your 18th birthday.
Privacy Statement
Please carefully review CertusView’s Privacy Statement, which is incorporated into these Terms. By using the Site, you expressly consent to the use and disclosure of your information as described in the Privacy Statement.
Ownership
All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, sound and other files, and their selection and arrangement (the “Site Content”), is the property of CertusView or its licensors, with all rights reserved.
You may not: (a) remove or modify any copyright or other proprietary notices contained on the Site Content, including on any copies you make of the Site Content; (b) cause, permit or authorize the modification, translation, reverse engineering, decompiling, reverse compiling, reverse assembling, disassembling or hacking of any applications or software on the Site; (c) use any data mining, robots, scraping, or similar data-gathering or extraction methods; (d) transmit any worms or viruses or any code of a destructive nature, including code that corrupts, disrupts, damages, or destroys data, software, or hardware; (e) provide, transfer, sell, lease, license, sublicense, distribute, disclose, or make available, or permit the use of, the Site by a third party; or (f) upload, frame, sell, or republish Site Content on any Internet, intranet or extranet site or incorporate the information in any electronic database or compilation, without CertusView’s prior written permission.
CertusView owns the CERTUSVIEW, E-SKETCH, VIRTUAL WHITELINE, FIELDCHECK trademarks and service marks and other CertusView indicia of source used on the Site (the “CertusView Marks”). You may not use the CertusView Marks, or any third-party trademarks or service marks displayed on the Site (“Third-Party Marks”), in connection with any product or service, nor in any manner that is likely to cause confusion about whether CertusView or the applicable third party is affiliated with, or the source, sponsor, or endorser, of any product or service. In addition, you may not use the CertusView Marks or Third-Party Marks in any manner that disparages or discredits CertusView or the applicable third party.
Frames, Metatags, and Links
You may not frame the content of the Site on any other website. Any link you create to the Site or any of the individual web pages contained in it must open in a new browser window. You may not use metatags or any other “hidden text” that incorporates the CertusView Marks without CertusView’s prior written consent.
You may not create links to the Site from a website with content that is defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise objectionable, or in a manner that would give rise to liability, violate any law, or imply CertusView’s sponsorship, endorsement or approval of another party’s site or activities.
Links to Third-Party Websites
The Site may contain links to websites controlled by third parties. If you decide to access third-party websites from the Site, you do so at your own risk. CertusView does not endorse or take responsibility for the content on other websites or the availability of other websites, and you agree that CertusView is not liable for any loss or damage that you may suffer by using other websites. You are responsible for reading and complying with the terms of use and privacy policies that govern your use of third-party websites.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant to CertusView that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Any use of the Site not specifically authorized in these Terms, without CertusView’s prior written permission, is strictly prohibited, is grounds for terminating these Terms, and may subject you and anyone you assist to civil liability and criminal prosecution under applicable federal and state laws.
Limitation of Liability
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES ARE CERTUSVIEW, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS OR REPRESENTATIVES, LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, OR YOUR RELIANCE ON ANY ADVICE, INFORMATION, OR SITE CONTENT, EVEN IF CERTUSVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT CERTUSVIEW IS NOT LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO (1) YOUR COMPUTER SYSTEM, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT OR (2) ANY DATA ON YOUR COMPUTER SYSTEM, HANDHELD DEVICE, OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TERMINATION/ACCESS RESTRICTION
CertusView reserves the right, for any reason and without notice, in its sole discretion, to change, suspend, or interrupt access to, in whole or in part, the Site, including its contents, features, and hours of availability. CertusView reserves the right to deny you access to the Site and to terminate these Terms at any time without notice for any reason, including your violation of these Terms. The “Ownership,” “Disclaimer,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms, survive any termination of these Terms.
Indemnification
You agree to indemnify and hold CertusView, its affiliates, and its or their respective officers, managers, employees, agents, licensors, and representatives, harmless from all liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, that they may incur based upon any third-party claims related to or arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another. CertusView reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification. You agree to provide CertusView with whatever cooperation it reasonably requests.
General
These Terms, including the Privacy Statement, which is fully incorporated in it, are governed by, construed and enforced in accordance with the laws of the State of Delaware applicable to contracts executed and performed entirely therein (without giving effect to the conflict of laws rules thereof to the extent that the application of the laws of another jurisdiction would be required thereby), and you hereby (1) agree that all disputes arising out of or relating to the use of the Site will be brought in the appropriate federal and state courts located in the State of Delaware, (2) irrevocably consent to the exclusive jurisdiction and venue of those courts and (3) waive any objection to that venue based on the forum’s inconvenience or other reasons. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CertusView as a result of these Terms or use of the Site. CertusView’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of CertusView’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CertusView with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and CertusView with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CertusView with respect to the Site. A printed version of these Terms and of any notice given in electronic form is admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contact Us
Please contact CertusView at info@certusview.com with any questions or to report any violations of these Terms. We reserve the right to report violations and unauthorized use of the Site to appropriate authorities.