TERMS OF USE
The following describes the Terms and Conditions (the "Terms") on
which We offer you the information (including the Intellectual Property as
defined below), services and products on Our web site and related web pages
(collectively, the "Services").
We reserves the right to modify, amend or restate the Terms from time to time
with or without prior notice. Your use of this Web Site and any Services after
the posting of modifications to these Terms
will constitute your acceptance of the Terms as modified.
Use of this Web Site
You represent that you have read and agree to be bound by the Terms. You further agree to comply with U.S. or other applicable law
regarding the transmission of any information obtained from the Services in
accordance with the Terms, not to use the Services for illegal
purposes, and not to interfere or disrupt the networks connected to the
Services.
Restrictions on Use
You may not use the Services for any illegal purposes or in any manner
inconsistent with these Terms. You agree to use the Services
solely for your own noncommercial use and benefit, and not for resale or other
transfer or disposition to, or use by or for the benefit of, any other person or
entity.
You agree to promptly notify Us upon becoming aware of any unauthorized
access or use of the Services by any party or any claim that the Services
infringes upon any copyright, trademark or other contractual, statutory or
common law rights.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE
DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE,
EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT
COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL
COPYRIGHT AND OTHER PROPRIETARY NOTICES.
YOU MAY NOT USE THE SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY
INFORMATION, PRODUCT OR SERVICE SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY.
FURTHERMORE, YOU MAY NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS
IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO
OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT, AND YOU ACKNOWLEDGE
THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. TRADE
NAMES, TRADEMARKS, SERVICE MARKS, COPYRIGHTS, IMAGES OR OTHER INTELLECTUAL
PROPERTY ON THIS SITE NOT SPECIFICALLY BELONGING TO VISION SOLUTIONS, LLC REMAIN
THE PROPERTY OF THE RESPECTIVE OWNER AND ARE USED UNDER LICENSE.
YOU MAY NOT USE THE SERVICES OR THE INFORMATION CONTAINED THEREIN IN
UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU MAY NOT USE ANY OF OUR TRADEMARKS,
TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU MAY
NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE
SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS.
Intellectual Property
This Web Site contains material which is derived in whole or in part from
materials supplied by Us and various other sources. This Web Site, including but
not limited to any text, logos, content, photographs, flash animations, video,
audio and graphics (the "Intellectual Property"), is protected by copyrights,
service marks, international treaties and/or other proprietary rights and laws
of the U.S. and other countries. The Intellectual Property is also protected as
a collective work or compilation under U.S. copyright and other laws and
treaties. All individual articles, columns and other elements making up the
Services are also copyrighted works. You agree to abide by all applicable
copyright and other laws, as well as any additional copyright notices or
restrictions contained in the Services.
If you would like to make copies of and/or distribute certain information,
please contact us.
No License Granted
You acquire absolutely no rights or licenses in or to the Services and
materials contained therein other than the limited right to utilize the Services
in accordance with the Terms. Should you choose to download
content from the Services, you must do so in accordance with the Terms. Any such download is licensed to you by Us only for your own
personal, noncommercial use in accordance with the Terms and Conditions and does
not transfer any other rights to you.
Accuracy Disclaimer
Although we do our best to provide accurate, reliable information, We do not
warrant or guarantee the accuracy, quality, completeness, currency, or validity
of any information on the Web Site or linked from the Web Site. All information
contained on this Web Site has been obtained from sources believed by Us to be
accurate and reliable. We do not edit or control all of the information We
receive from our suppliers. Due to the possibility of human and mechanical
error, We are not responsible for any errors or omissions.
Rights Reserved
All present and future rights in and to the Intellectual Property and other
proprietary rights of any type We may have under the laws of any governmental
authority, domestic or foreign, including rights in and to all applications and
registrations relating to the Services (the "Intellectual Property Rights")
shall, as between you and Us, at all times be and remain Our sole and exclusive
property. All present and future rights in and title to the Services (including
the right to exploit the Services and any portions of the Services over any
present or future technology) are reserved to Us for Our exclusive use. Except
as specifically permitted by the Terms, you may not copy or make
any use of the Services or any portion thereof.
Liability Disclaimer
Although We believe the material provided on this Web Site to be correct and
accurate, it could include technical inaccuracies or typographical errors and
the Web Site may be subject to periods of interruption. We may make changes or
improvements at anytime. No minimum service level is expressed or should be
implied.
Limitation of Liability
While We endeavor to maintain the highest professional quality of the
Services We offer on Our web site, We cannot be held responsible for any errors,
defects, lost profits, or other consequential damages arising from the use of
this web site. We will not be liable for any damages or injury, including but
not limited to, special or consequential damages that result from any failure of
performance, error, omission, interruption, defect, delay in operation of
transmission, or computer virus, the use of, or the inability to use, the
materials in the Services even if there is negligence by Us or Our authorized
representative; you have been advised of the possibility of such damages. The
above limitation or exclusion may not apply to you to the extent that applicable
law may not permit the limitation or exclusion of liability for incidental or
consequential damages. Our total liability to you for all losses, damages, and
causes of action (in contract, tort (including without limitation, negligence,
or otherwise) will not exceed the amount you paid to Us to access the Services.
Indemnification
You agree, to the extent permitted by applicable law, to indemnify and hold
Us, Our officers, directors, owners, agents and employees harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of the Services, the violation of these Terms
by you, or the infringement by you, or other user of the Services
using your computer, of any Intellectual Property or other right of any person
or entity. We reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you.
Privacy Policy
Our current Privacy Policy is posted here and is incorporated herein by
reference. By using this Web Site, you expressly consent to the use of your
personally identifiable information to the extent set forth in Our current
Privacy Policy, unless you otherwise notify Us in accordance with that policy.
Policies Concerning Claims of Infringement
It is Our policy to respond expeditiously upon receiving notice of claimed
intellectual property infringement. We will promptly process and investigate
notices of alleged infringement and will take appropriate actions under the
Digital Millennium Copyright Act and other applicable intellectual property
laws.
All notices of copyright infringement should be sent to Us.
Notices of copyright infringement should contain the following information:
1. A physical or electronic signature of a person authorized to act on behalf
of the copyright owner that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and information reasonably sufficient to
permit Us to locate the material.
4. The address, telephone number, or email address of the complaining party.
5. A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in the
notification is accurate, and that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. We
reserves the right to remove and/or disable access from the Service to web pages
of repeat infringers and reserves the right to terminate all account holders and
subscribers who are repeat infringers of intellectual property laws.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy Our Intellectual Property or any other content
contained herein without Our prior written consent. You agree that you will not
use any device, software or routine to interfere or attempt to interfere with
the proper working of the Services. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on Our
infrastructure.
Access Outside the United States
We make no representation that the materials provided at this web site are
appropriate or available for use in locations outside of the United States, its
territories and possessions. If you use the Services from other locations, you
are responsible for compliance with applicable local laws.
We are not responsible for any direct, indirect, incidental, consequential or
any other damages arising out of or in connection with the use of this Web Site
or in reliance on the information available on the web site. This includes any
personal injury, business interruption, loss of use, lost data, lost profits, or
any other pecuniary loss, whether in an action of contract, negligence, or other
tortuous action, even if We have been informed of the possibility.
Miscellaneous
These Terms will be governed and be interpreted pursuant to
the laws of the State of Virginia, United States of America, notwithstanding any
principles of conflicts of law and you hereby consent to the jurisdiction of
such courts. If any part of these Terms and Conditions is unlawful, void, or
unenforceable, that part will be deemed severable and will not affect the
validity and enforceability of any remaining provisions.
Our failure to act with respect to a breach by you or others does not waive
Our right to act with respect to subsequent or similar breaches. If We ask a
third party to provide Services through this web site, the provisions of this
agreement shall apply to your use of the Services, unless otherwise noted. We
shall not be liable for any delay or failure to perform resulting directly or
indirectly from any causes beyond Our reasonable control.
We may freely assign or update this agreement.