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Legal Statement

WebVisible, Inc. (“WebVisible”, “we” or “us”) makes this Web site located at www.webvisible.com (“Site”) available to you, the user (“you”), subject to the following terms and conditions:

By accessing the information through the Site, you agree that you have read and agree to use the Site in accordance with this Site’s Terms of Use (“Terms of Use”). You should not use the Site in any manner or attempt to access the Site if you are not willing to be bound and abide by these Terms of Use.

For purposes of the Terms of Use, the term “Site” includes without limitation the publicly available content, materials and information of the Site, and any portion thereof; and any other available content, information or materials that may be available to you through the Site (collectively, “Content”).

Modifications to Terms of Use

We may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current terms. If you do not agree with the revised Terms of Use after the revision has been made, do not use this Site further. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Use of Personally Identifiable Information

Personally identifiable information submitted by you to us through the Site is treated according to the WebVisible.com Privacy Policy located here. Our Privacy Policy does not apply to other Web sites, and WebVisible shall not have any liability for the information collection or dissemination policies of third parties. By using this Site, you agree you have read and understand the Privacy Policy, which is a condition to your use of the Site. You should not access the Site if you do not agree with the terms of the Privacy Policy.

Use of the Site

You may access the Site solely to display the Content for informational purposes only and to print and/or save copies of the Content with or on your personal computer, solely for your use in obtaining information regarding WebVisible and its subsidiaries and affiliates. Other rights may be granted to you by WebVisible in writing or incorporated elsewhere in the materials on this Site. Any other use of the Content or the Site is expressly prohibited. You agree these Terms of Use do not grant you any rights in or licenses to the Site, except for the rights described above; the rights above do not include any rights to the design or layout of the Site or any other Web site owned, operated, licensed or controlled by WebVisible, its affiliates or licensors. All other rights in the Content and the Site are reserved by WebVisible and its licensors. You will not otherwise copy, transmit, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another Web site, or in any other way exploit any of the Content or any other part of the Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Site (or any part of the Site) as part of any Web site or any other work of authorship without the prior written permission of WebVisible.

Users outside the United States

WebVisible controls this Site from its offices within the United States of America and makes the Site available for persons located exclusively in the United States of America. Please do not use the Site if you are located outside the United States, as WebVisible makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The Site may contain references to WebVisible solutions, programs, or services that have not been announced in your country. These references do not imply that WebVisible, intends to announce such solutions, programs, or services in your country.

Trademarks

WEBVISIBLE™ and WEBVISIBLE with design™ are trademarks of WebVisible. Other brand, product, service, and process names appearing on this Site are trademarks or service marks of their respective holders where indicated. Our trademarks may be not used publicly except with written permission. Reference to, description of or use of a product, service, publication or process on the Site does not imply recommendation, approval, affiliation, or sponsorship by us of that product, service, publication or process.

Web site Accuracy

Although WebVisible has tried to provide accurate and timely information on the Site, please be aware that the Site (including without limitation the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Site is provided as a convenience to visitors and is provided for informational purposes only. Accordingly, you should verify all information before relying on it, and you agree that you assume all risks concerning the suitability and accuracy of the Site (including, without limitation the Content). Certain portions of this Site may indicate that information is provided by a third party. WebVisible does not accept responsibility for other organizations, businesses, and private persons that may provide information on this Site.

Site Restrictions

Certain portions of this Site may allow you to provide feedback, post information or hold discussions. As a condition of your use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You will not submit any false, misleading or inaccurate information to the Site. You will abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the Site. By way of example, and not as a limitation, you will not use the Site to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
  • Publish, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, tortuous, indecent, immoral or otherwise objectionable material or information;
  • Transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, cancelbots, spyware, or any other harmful or deleterious programs;
  • Interfere with or disrupt the Site networks or servers;
  • Harvest or otherwise collect information from the Site about others, including without limitation e-mail addresses, without proper consent;
  • Use the account, login identification, or password of another party to access the Site;
  • Otherwise attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
  • Interfere with another individual’s or entity’s use or enjoyment of the Site.

WebVisible has no obligation to monitor your use of the Site or retain the content of any of your sessions on the Site. However, WebVisible reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Links to Other Sites

Any links on this Web site may let you leave the Site and go to other Web sites. The linked sites are not under the control of WebVisible, and WebVisible is not responsible for the content, the accuracy or any other aspect of any linked site or any link contained in a linked site. WebVisible reserves the right to terminate any link or linking program at any time. WebVisible does not endorse companies or solutions to which it links. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, WebVisible (on its behalf and on behalf of all its subsidiaries and affiliates) expressly disclaims all warranties of any kind, including without limitation regarding any Content or other information accessed through the Site, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties arising out of course of performance, dealing, or trade usage. No materials or other advice or information, whether oral, written or in another form, obtained by you through the Site or otherwise, will create any warranty not expressly provided in these Terms of Use. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of or from the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You expressly agree that your use of the Site is at your sole risk. The Site is provided to you “as is.”

Limitations on Liability

You agree that WebVisible and all of its subsidiaries and affiliates, and their respective officers, directors, employees, contractors, agents and affiliates (collectively, “WebVisible Parties”) shall not have any liability to you for any indirect, incidental, special, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses that arise out of or relate to the Site or these Terms of Use. In no event will the total, aggregate liability of the WebVisible Parties for damages of any type, expenses or losses under any claim, cause of action, lawsuit or proceeding arising out of or relating to these Terms of Use or the site exceed five hundred dollars ($500). The liability limitations in this Section shall apply regardless of whether the claim, cause of action, lawsuit or proceeding is based in contract, tort, negligence, strict liability or otherwise, and regardless of whether WebVisible has been advised of the possibility of the applicable damages. The limitations in this Section do not apply if and only to the extent that applicable law prevents the application of such limitations.

Indemnification

You agree to defend, indemnify, and hold WebVisible and its officers, directors, employees, contractors, agents and affiliates harmless from any and all damages, costs and expenses, including without limitation reasonable attorneys' fees, arising out or relating to any and all third party claims, demands or allegations arising out of or relating to your use of the Site in violation of these Terms of Use or other restrictions set forth on the Site, any applicable laws, and your violation of any rights of a third party.

Infringement Claims Policy

We respect the intellectual property of others and ask you to do the same. If you believe some Content on the Site has been copied in such as way to constitute copyright infringement, please contact WebVisible as set forth below. We may investigate and take appropriate action.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Georgia, U.S.A., without regard to its rules governing conflicts of law. You agree that the exclusive venue for all actions and arbitrations relating in any manner to these Terms of Use shall only be in a federal court of competent jurisdiction located in Fulton County, Georgia, U.S.A. or a state court of competent jurisdiction located in Gwinnett County, Georgia, U.S.A. If any provision of these Terms of Use is for any reason held unenforceable or invalid, then these Terms of Use shall be construed as if such provision were not contained in these Terms of Use. No action arising out of these Terms of Use may be brought by you more than one year after the date the cause of action has accrued. A waiver by WebVisible of any of the terms, provisions or conditions of these Terms of Use or the acquiescence of WebVisible to any act (whether commission or omission) shall not constitute a general waiver of such term, provision or condition of any subsequent act contrary thereto. These Terms of Use represent the entire understanding between you and us with respect to the subject matter of these Terms of Use and supersede all other written or oral agreements with respect to the subject matter of these Terms of Use.

Contact Information

All inquiries regarding these Terms of Use should be directed to WebVisible at webmaster@webvisible.com.