The following terms and conditions ("Agreement") govern the use of the www.ivaluated.com web site and all of its sub-domains. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement.
Peripheral Vision LLC reserves the right to revise this Agreement in its sole discretion without further notice. If we do so, we will post the revisions on the site and indicate the date of the last revision. You should regularly check the site for the most current version of these documents.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES.
As used in this Agreement:
A. USER means an individual that has Registered to access the Service.
B. REGISTRATION means the process of registering to access or use the Service. You are REGISTERED when you create a User account by providing information as prompted on the Site.
C. REGISTRATION INFORMATION means the information, including e-mail address, user name and password, required of a User to complete the Registration process.
D. SERVICE means the services, features, and content available to Users on the SITE (ivaluated.com).
E. PAID SERVICE means any aspect of the Service that requires payment of a fee.
F. SUBSCRIBER means a User who arranges for commercial use of the Service, Registers for, accesses, or uses a Paid Service.
G. SITE CONTENT means all text, graphics, video, audio, links, communications, and other information contained on the Site, other than User Data.
By Registering for the Service you represent that you are of legal age to form a binding contract, are authorized to represent your business or employer when accepting this Agreement on their behalf, you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction, and you agree to comply with the terms of this Agreement. You acknowledge that if this account is transferred, transferee must agree to be bound by the provisions of this Agreement.
You agree that you are not an employee, contractor or otherwise represent a business that competes with the Service. You acknowledge that accessing the Service on behalf of a competitor for the purpose of researching the Service's capabilities is harmful to Peripheral Vision LLC, with damages resulting of no less than but not limited to $200,000.
If you Register as a User, you agree to provide accurate, current, and complete Registration Information as prompted by the Service's Registration processes. You agree to promptly update the Registration Information and any other information you provide to Peripheral Vision LLC to keep it accurate, current, and complete.
By Registering, you authorize Peripheral Vision LLC, it's employees or designated agents to contact you via email or other means for the purpose of facilitating your use of the Service or providing you with information about the Service including optional upgrades.
Upon Registration, you will provide a valid email address to be used as your user name and for contact purposes. You will also select a password. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Service through your account. You must notify Peripheral Vision LLC immediately upon discovering any unauthorized use of your Service or if you believe your password has been compromised.
All Site Content is proprietary to Peripheral Vision LLC, and may not be copied, downloaded, or used, except in conformity with this Agreement and the purposes of the Site.
Peripheral Vision LLC grants you the right to view and use the Service subject to these terms. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site, without Sightful Software's express written consent, which may be withheld in Sightful Software''s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engines and search agents available through the Site and other than generally available third-party web browsers (such as Microsoft Internet Explorer, Google Chrome or Firefox);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
The Site may contain links to websites provided or operated by parties other than Peripheral Vision LLC. When you visit any such websites, you do so at your own risk.
Peripheral Vision LLC does not guarantee Service availability or other performance.
If your Internet service provider terminates your service, your access to the Service may be limited or denied. Peripheral Vision LLC is NOT responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while you use the Service or the Site.
Peripheral Vision LLC has no obligation to monitor the Service. However, Peripheral Vision LLC may do so and disclose information regarding use of the Service for any reason, as long as Peripheral Vision LLC believes, in its sole discretion, that it is reasonable to do so.
Peripheral Vision LLC offers paid Subscribers access to premium versions of its product with additional features, in the form of automatically renewing subscriptions.
Any Paid Service must be pre-paid. PAYMENT FOR PAID SERVICE WHETHER USED OR UNUSED IS NON REFUNDABLE.
Some Paid Service options include volume of use thresholds. If use thresholds are exceeded, Subscribers may be required to upgrade to a Paid Service option consistent with their usage level at additional cost.
We will automatically charge or invoice you every billing cycle for an automatically renewing Subscription unless you cancel the service. YOUR CREDIT OR DEBIT CARD OR OTHER BILLING METHOD PROVIDED WILL BE CHARGED, unless you cancel your subscription before the end of the term. By continuing to Subscribe to Paid Service, you re-affirm that Peripheral Vision LLC is authorized to collect applicable fees via the billing method provided. Nonuse of or non-payment for the Service does not constitute cancellation of the Service, nor does it remove your ongoing obligation to pay applicable Service fees.
Peripheral Vision LLC is not responsible for any charges or expenses (such as for overdrawn accounts or exceeding credit or debit card limits) resulting from charges billed by Peripheral Vision LLC.
Changes in Fees or Billing Methods.
Peripheral Vision LLC reserves the right to initiate fees for previously free services, change its fees or billing methods at any time, with changes going into effect immediately, or no earlier than the next subscription renewal period where applicable. Peripheral Vision LLC will post any such changes in a visible location within the Service. Peripheral Vision LLC also has the right to collect applicable taxes.
By becoming a Subscriber you grant Peripheral Vision LLC the right to link to and diplay your publicly accessible calculator and make reference to your company name as an example and for marketing purposes.
Either you or Peripheral Vision LLC may terminate or cancel your account at any time. Upon termination or cancellation all user content and data may be permanently deleted from the site. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Peripheral Vision LLC.
All provisions of this Agreement that by their nature are intended to survive termination, including Sections 12 through 18, will remain in force and continue to be binding on you if your account is terminated or cancelled for any reason.
You may cancel your account only through the Account Management section of the Service accessible to you when logged into the Site. For your protection, Peripheral Vision LLC will not accept cancellation by e-mail, voice mail, or regular mail. Cancellation will be effective immediately.
Except as expressly provided in this agreement, PERIPHERAL VISION LLC MAKES NO EXPRESS WARRANTIES, AND DISCLAIMS ALL IMPLIED WARRANTIES, including warranties of title, non-infringement, merchantability and fitness for a particular purpose, regarding any merchandise, information, or Service provided through Peripheral Vision LLC or the internet generally. No statements made, or advice or information given, by Peripheral Vision LLC will create a warranty.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. The Service is provided on an as is and as available basis. Peripheral Vision LLC does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
Peripheral Vision LLC, its employees, and agents are not liable for any costs or damages arising directly or indirectly from your use of the Service or the internet, including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. Peripheral Vision LLC's cumulative liability to you for all claims relating to use of the Service will not exceed the total amount you have paid for the Service.
Peripheral Vision LLC will have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from: other users accessing your computer; security breaches; eavesdropping; denial of Service attacks; interception of traffic sent or received using the Service; your reliance on or use of the Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmissions, or any failure of performance of the Service; the use of the Service by you or a third party that infringes the copyright, patent, trademark, trade secret, confidentiality, privacy or other industrial or intellectual property rights, proprietary rights or contractual rights of Sightful software or any third party; the accuracy, completeness and usefulness of all Services, products, and other information; or the quality and merchantability of all merchandise provided through the Service or the internet.
To the fullest extent allowed by applicable law, the foregoing limitations apply to the acts and omissions (including negligence and gross negligence) of Peripheral Vision LLC and its officers, employees, agents, contractors or representatives that, but for this provision, would give rise to a cause of action against Peripheral Vision LLC in contract, in tort, or under any other legal doctrine. Your exclusive remedies under this agreement are as expressly set out in this agreement. Peripheral Vision LLC would not be able to provide the Service to you without such limitations. Any warranty under this agreement gives you specific legal rights. You may also have other rights, which vary by jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its rules respecting the conflicts of laws.
This contract is deemed made and is fully performable in Travis County, Texas. Any litigation between the parties may be brought only in the state or federal courts having subject matter jurisdiction in Travis County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, objection to venue with respect to any such action or proceeding, and objection to jurisdiction based on your place of residence or domicile.
You agree that, regardless of any statute of limitations or other law to the contrary, any claim or cause of action arising out of or related to this User Agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises, or be forever barred. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY LITIGATION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICE. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
You agree to defend, indemnify, and hold harmless Peripheral Vision LLC and its subsidiaries, employees, contractors, officers, directors, telecommunications providers, and content providers from all liabilities, claims, and expenses, including attorney fees, arising out of any breach by you of this Agreement or your use of the Service or the Internet. Peripheral Vision LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to your indemnification. In that event, you will have no further obligation to provide a defense for Peripheral Vision LLC in that matter. In no event will you compromise, settle, or resolve any claim against Peripheral Vision LLC without its prior written consent.
Peripheral Vision LLC, ivaluated.com, and the ivaluated.com logo are trademarks or registered trademarks of Peripheral Vision LLC. By placing them on this website, Peripheral Vision LLC does not grant any license or other authorization to use any of its trademarks, registered trademarks, copyrightable material, or other intellectual property.
The provisions of this Agreement are severable. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of the remaining provisions, and each provision will be enforced to the fullest extent allowed by applicable law.
This Agreement is made for the exclusive benefit of, and is binding upon, Peripheral Vision LLC and the User, and their respective heirs, successors, and assigns. No other person or entity will have any interest under this Agreement or be classified as a third-party beneficiary.
This Agreement constitutes your entire agreement with Peripheral Vision LLC and governs your use of the Service. It supersedes all previous or contemporaneous representations or agreements, written or oral, regarding your use of the Site or the Service. You may be required to accept other agreements, which supplement this Agreement, in order to purchase or use certain features or products offered on this Site.