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Vigiliti Systems, Inc (“Vigiliti”) operates this Site
to provide online access to information about Vigiliti and
the products, services, and opportunities we provide (the
“Service”). By accessing and using this Site, you agree to
each of the terms and conditions set forth herein (“Terms
of Use”). Additional terms and conditions applicable to
specific areas of this Site or to particular content or
transactions are also posted in particular areas of the
Site and, together with these Terms of Use, govern your
use of those areas, content or transactions. These Terms
of Use, together with applicable additional terms and
conditions, are referred to as this “Agreement.” Vigiliti
reserves the right to modify this Agreement at any time
without giving you prior notice. Your use of the Site
following any such modification constitutes your agreement
to follow and be bound by the Agreement as modified. The
last date these Terms of Use were revised is set forth
below.
1. Use of Site
You may use the Service, the Site, and the information,
writings, images and/or other works that you see, hear or
otherwise experience on the Site (singly or collectively,
the “Content”) solely for your non-commercial, personal
purposes and/or to learn about Vigiliti products and
services. No right, title or interest in any Content is
transferred to you, whether as a result of downloading
such Content or otherwise. Vigiliti reserves complete
title and full intellectual property rights in all
Content. Except as expressly authorized by this Agreement,
you may not use, alter, copy, distribute, transmit, or
derive another work from any Content obtained from the
Site or the Service, except as expressly permitted by the
Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or
foreign copyright laws, and belong to Vigiliti or its
partners, affiliates, contributors or third parties. The
copyrights in the Content are owned by Vigiliti or other
copyright owners who have authorized their use on the
Site. You may download and reprint Content for
non-commercial, non-public, personal use only. (If you are
browsing this Site as an employee or member of any
business or organization, you may download and reprint
Content only for educational or other non-commercial
purposes within your business or organization, except as
otherwise permitted by Vigiliti, for example in certain
password-restricted areas of the Site and in our
Frequently Asked Questions). With the exception of the
Sample Images, you may not manipulate or alter in any way
images or other Content on the Site without specific
permission from Vigiliti or the copyright owner.
3. Trademarks
You are prohibited from using any of the marks or logos
appearing throughout the Site without permission from the
trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information
are provided solely as a convenience to you. If you use
these links, you will leave the Site. Such links do not
constitute or imply an endorsement, sponsorship, or
recommendation by Vigiliti of the third party, the
third-party web site, or the information contained
therein. Vigiliti is not responsible for the availability
of any such web sites. Vigiliti is not responsible or
liable for any such web site or the content thereon. If
you use the links to the web sites of Vigiliti affiliates
or service providers, you will leave the Site, and will be
subject to the terms of use and privacy policy applicable
to those web sites.
5. Linking to this Site
If you would like to link to the Site, you must follow
Vigiliti’s link guidelines. Unless specifically authorized
by Vigiliti, you may not connect “deep links” to the Site,
i.e, create links to this site that bypass the home page
or other parts of the Site. You may not mirror or frame
the home page or any other pages of this Site on any other
web site or web page.
6. Downloading Files
Vigiliti cannot and does not guarantee or warrant that
files available for downloading through the Site will be
free of infection by software viruses or other harmful
computer code, files or programs.
7. Software
Any software available for download via the Site is the
copyrighted work of Vigiliti and/or its licensors. Use of
such software is governed by the terms of the end user
license agreement that accompanies or is included with the
software. Downloading, installing, and/or using any such
software indicates your acceptance of the terms of the end
user license agreement.
8. Disclaimer of Warranties
VIGILITI MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO
THE SITE, THE SERVICE OR THE CONTENT. VIGILITI EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH
REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY
PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE
SITE. VIGILITI DOES NOT WARRANT THAT THE FUNCTIONS
PERFORMED BY THE SITE OR THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT
DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED.
VIGILITI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF
THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE
CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL VIGILITI BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER
INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR
INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT,
(II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY
THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE
AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER
MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT,
EVEN IF VIGILITI HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE
SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. IN SUCH STATES, VIGILITI’S LIABILITY IS LIMITED AND
WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED
BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
10. Indemnification
You understand and agree that you are personally
responsible for your behavior on the Site. You agree to
indemnify, defend and hold harmless Vigiliti, its parent
companies, subsidiaries, affiliated companies, joint
venturers, business partners, licensors, employees,
agents, and any third-party information providers to the
Service from and against all claims, losses, expenses,
damages and costs (including, but not limited to, direct,
incidental, consequential, exemplary and indirect
damages), and reasonable attorneys’ fees, resulting from
or arising out of your use, misuse, or inability to use
the Site, the Service, or the Content, or any violation by
you of this Agreement.
11. Privacy Policy
See Vigiliti's Privacy
Statement.
12. User Conduct
You agree to use the Site only for lawful purposes. You
agree not to take any action that might compromise the
security of the Site, render the Site inaccessible to
others or otherwise cause damage to the Site or the
Content. You agree not to add to, subtract from, or
otherwise modify the Content, or to attempt to access any
Content that is not intended for you. You agree not to use
the Site in any manner that might interfere with the
rights of third parties.
13. User Supplied Information
Vigiliti does not want to receive confidential or
proprietary information from you via the Site. You agree
that any material, information, or data you transmit to us
or post to the Site will be considered non-confidential
and non-proprietary. If you supply or post any information
or material to the Site, you guarantee to us that you have
the legal right to post such material and that it will not
violate any law or the rights of any person or entity. By
posting material on the Site, you give Vigiliti the
royalty-free, irrevocable, perpetual, worldwide right to
use, distribute, display and create derivative works from
this material, in any and all media, in any manner, in
whole or in part, without any restriction or
responsibilities to you.
14. Password Security
If you register to become a Vigiliti.com member, you are
responsible for maintaining the confidentiality of your
member identification and password information, and for
restricting access to your computer. You agree to accept
responsibility for all activities that occur under your
member identification and password.
15. Registration
By registering at the site, you are agreeing to receive
occasional promotional and other information from Vigiliti
by email, telephone or postal mail. We will make every
effort to minimize the frequency and amount of information
sent to you. If you do not wish to receive any information
from Vigiliti, please contact us and let us know.
16. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use
constitute the entire agreement of the parties with
respect to the subject matter hereof. No waiver by
Vigiliti of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent
breach or default.
b. Correction of Errors and Inaccuracies. The Content may
contain typographical errors or other errors or
inaccuracies and may not be complete or current. Vigiliti
therefore reserves the right to correct any errors,
inaccuracies or omissions and to change or update the
Content at any time without prior notice. Vigiliti does
not, however, guarantee that any errors, inaccuracies or
omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any
part of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, it
will not impact any other provision of this Agreement, all
of which will remain in full force and effect. Any and all
disputes relating to this Agreement, Vigiliti’s Privacy
Policy, your use of the Site, any other Vigiliti web site,
the Service, or the Content are governed by, and will be
interpreted in accordance with, the laws of the State of
California, without regard to any conflict of laws
provisions.
d. Claims of Copyright Infringement. Pursuant to Title 17,
United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service
Provider's Designated Agent. See our Notice and Procedure
for Making Claims of Copyright Infringement .
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