Visual Engineering's Terms of Use
PLEASE READ THIS PRIVACY POLICY CAREFULLY.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.
TERMS OF USE
				Effective Date: December 1, 2004
				
				[Click here] for a listing of material changes to this Agreement and their effective dates.
				
				1.    Parties.  The parties to this Agreement are you,
				and the owner and operator of this web site: Visual Engineering, Inc. ("VE"). 
				All references to "we", "us", "this web site" or "this site" shall be construed
				to mean VE.   
				
				2.    Modification of Agreement.  We reserve the right
				to modify this Agreement at any time, and without prior notice, by posting
				an amended Agreement that is always accessible through the "Legal" link on
				this site's home page.  Your continued use of this site indicates your
				acceptance of the amended Agreement.  You should check this Agreement
				through this link periodically for modifications by clicking on the link
				provided near the top of the Agreement for a listing of material changes
				and their effective dates.
				
				3.    License.  VE grants you a limited non-exclusive,
				non-transferable, and revocable license to access and use the public areas
				of this site, only for your personal use and not for purposes of resale,
				except as may be provided in any separate written agreement signed by the
				parties or separate agreement originating with this site; provided, however,
				that you do not modify this site, its content, or any copyright or other
				proprietary notices. This license terminates automatically if you breach
				any of these Terms of Use.  Unauthorized use of this site or any content
				may violate copyright laws, trademark laws, the laws of privacy and publicity,
				and communications regulations and statutes.
				
				4.    Restrictions.  Except as expressly authorized herein
				or in any separate written agreement signed by the parties or separate agreement
				originating from this site, you may not copy, modify, distribute, download,
				display, transfer, post, or transmit this site or its content in any form
				without VE's prior written permission.
				
				5.    Prohibited Activities.  The following activities
				are also expressly prohibited without VE's prior written permission: any
				non-personal or commercial use, except as may be provided in any separate
				written agreement signed by the parties or separate agreement originating
				with this site; use of any robot, spider, other automatic device, or manual
				process to monitor or copy this site or any of its content; "mirroring" this
				site or any content on any other server; collection or use of product listings,
				descriptions, or prices for a supplier of competitive or comparable products;
				and any action that imposes an unreasonable or disproportionately large load
				on this site or otherwise interferes with its functioning.
				
				6.    Posting To This Site.  We will not treat information
				that you post to areas of this site that are viewable by others (for example,
				to a forum or chat-room) as confidential or proprietary.  By posting
				information to this site, you agree that we may use that information without
				restriction.  You may not post any infringing, threatening, defamatory,
				sexually graphic, inflammatory, profane, or other inappropriate material. 
				We have no obligation to monitor posts to this site; however, we reserve
				the right to review such posts and to remove any material that, in our judgment,
				is not appropriate.
				
				7.    Defamation; Communications Decency Act Notice. 
				This site is a provider of "interactikavachart.computer services" under the Communications
				Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation
				and other claims arising out of any postings to this site by third parties
				is limited as described therein.  We are not responsible for content
				or any other information posted to this site by third parties.  We neither
				warrant the accuracy of such postings nor, nor do we assume any legal obligation
				or liability in connection with such postings, including any responsibility
				or liability for investigating or verifying the accuracy of any content or
				any other information contained in such postings. 
				
				8.    Monitoring.  We reserve the right, but not the
				obligation, to monitor your access and use of this web site without notification
				to you.  We may record or log your use in a manner as set out in our
				Privacy Policy that is accessible though the "Legal" link on this site's
				home page. 
				
				9.    ECPA Notice.  This web site treats email messages
				and other communications through this site as private.  Exceptions are
				those permitted by law, included under the Electronic Communications Privacy
				Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA").  The ECPA permits
				our limited ability to intercept and/or disclose electronic messages, including,
				for example (i) as necessary to operate our system or to protect our rights
				or property, (ii) upon legal demand (court orders, warrants, subpoenas),
				or (iii) where we receive information inadvertently which appears to pertain
				to the commission of a crime.  This site is not considered a "secure
				communications medium" under the ECPA.
				
				10.    USA Patriot Act Notice.  The U.S. federal USA
				Patriot Act ("USA Patriot Act") provides generally for the operator of a
				communication host and law enforcement to be able to monitor any content,
				upon request of the operator.  We anticipate fully complying with all
				our obligations, and availing ourselves of all our rights, under the USA
				Patriot Act.
				
				11.    Separate Agreements.  You may acquire products,
				services and/or content from this site, and your purchase and use of such
				products, services and/or content will be governed by these Terms of Use
				and/or by any separate written agreement signed by the parties and/or separate
				agreement originating from this site.
				
				12.    Ownership.  The material provided on this site
				is protected by law, including, but not limited to, United States copyright
				law and international treaties. The copyright in the content of this site
				is owned by VE or others. Except for the limited rights granted above, all
				other rights are reserved.  All trademarks are the property of their
				respective owners.
				
				13.    Copyright Infringement; The Digital Millennium Copyright
				Act Notice.  This site is an Internet "service provider" under the Digital
				Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA").  As Required
				by the DMCA, this site maintains specific contact information provided below,
				including an e-mail address, for notifications of claimed infringement regarding
				materials posted to this site.  All notices should be addressed to the
				contact person specified below (our agent for notice of claimed infringement):
				
				Notification of Claimed Infringement
				Visual Engineering, Inc.
				164 Main St.
				Second Floor
				Los Altos, CA, 94022
				Agent's Name/Email Address:
 
				Robert Glazebrook
				
				Telephone:650-949-5304
				Facsimile:650-949-5578
				
				You may contact our agent for notice of claimed infringement specified above
				with complaints regarding allegedly infringing posted material and we will
				investigate those complaints.  If the posted material is believed in
				good faith by us to violate any applicable law, we will remove or disable
				access to any such material, and we  will notify the posting party that
				the material has been blocked or removed. 
				
				In notifying us of alleged copyright infringement, the DMCA requires that
				you include the following information: (i) description of the copyrighted
				work that is the subject of claimed infringement; (ii) description of the
				infringing material and information sufficient to permit us to locate the
				alleged material; (iii) contact information for you, including your address,
				telephone number and/or e-mail address; (iv) a statement by you that you
				have a good faith belief that the material in the manner complained of is
				not authorized by the copyright owner, or its agent, or by the operation
				of any law; (v) a statement by you, signed under penalty of perjury, that
				the information in the notification is accurate and that you have the authority
				to enforce the copyrights that are claimed to be infringed; and (vi) a physical
				or electronic signature of the copyright owner or a person authorized to
				act on the copyright owner's behalf.  Failure to include all of the
				above-listed information may result in the delay of the processing of your
				complaint.
				
				14.    Accuracy of Information and Disclaimer of Warranty. 
				VE has made every effort to present the content on this site accurately,
				but additions, deletions and changes may occur.  Except as may be provided
				in any separate agreements originating from this site, products, services,
				and/or content on this site is provided "as is", and neither VE nor its representatives
				make any representation or warranty with respect to such products, services,
				and/or content.  EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT
				SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, VE
				AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED
				BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE
				OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT
				NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS,
				CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
				
				15.    Limitation of Liability.  Under no circumstances
				will VE or its affiliates have any liability with respect to any claims or
				damages (whether direct or indirect, special, incidental, consequential or
				punitive) as a result of your access or use of (or inability to access or
				use) this site or its content, even if they have been advised of the possibility
				of such damages. You access and use this site at your own risk.
				
				16.    Links to This Site.  VE grants you a limited,
				revocable, and nonexclusive right to create a hyperlink to the home page
				of this site so long as the link does not portray VE or its products or services
				in a false, misleading, derogatory, or offensive matter. You may not use
				the VE logo, VE trademark, or VE's name or trademarks, or other proprietary
				graphic in the link without the prior written permission of VE.
				
				17.    Links to Third Party Web Sites.  VE does not review
				or control third party Web sites that link to or from this site, is not responsible
				for their content, and does not represent that their content is accurate
				or appropriate. Your use of such third party site is on your own initiative
				and at your own risk and may be subject to the other sites' terms of use.
				
				18.    Participation In Promotions Of Advertisers.  You
				may enter into correspondence with or participate in promotions of advertisers
				promoting their products, services or content on this site ("Advertisers"). 
				Any such correspondence or participation, including the delivery of and the
				payment for products, services or content, are solely between you and each
				Advertiser.
				
				19.    Consumer Rights Information; California Civil Code
				Section 1789.3.  Pricing information is posted as part of the ordering
				page(s) for this site.  VE maintains specific contact information including
				an e-mail address for notifications of complaints and for inquiries regarding
				pricing policies in accordance with California Civil Code Section 1789.3. 
				All correspondence should be addressed to VE's agent for notice at the following
				address:
				
				Notification of Consumer Rights Complaint or Pricing Inquiry:
				Visual Engineering, Inc.
				164 Main St.
				Second Floor
				Los Altos, CA, 94022
				Contact: Robert Glazebrook
				
				Telephone:650-949-5304
				Facsimile:650-949-5578
				
				You may contact VE with complaints and inquiries regarding pricing and we
				will investigate those matters and respond to the inquiries.
				
				The Complaint Assistance Unit of the Division of Consumer Services of the
				Department of Consumer Affairs may be contacted in writing at 1020 N. Street,
				#501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
				
				20.    Arbitration.  Except for actions to protect intellectual
				property rights and to enforce an arbitrator's decision hereunder, all disputes,
				controversies, or claims arising out of or relating to this Agreement or
				a breach thereof shall be submitted to and finally resolved by arbitration
				under the rules of the American Arbitration Association ("AAA") then in effect. 
				There shall be one arbitrator, and such arbitrator shall be chosen by mutual
				agreement of the parties in accordance with AAA rules.  The arbitration
				shall take place in San Jose, California, and may be conducted by telephone
				or online.  The arbitrator shall apply the laws of the State of California,
				USA to all issues in dispute.  The controversy or claim shall be arbitrated
				on an individual basis, and shall not be consolidated in any arbitration
				with any claim or controversy of any other party.  The findings of the
				arbitrator shall be final and binding on the parties, and may be entered
				in any court of competent jurisdiction for enforcement. Enforcements of any
				award or judgment shall be governed by the United Nations Convention on the
				Recognition and Enforcement of Foreign Arbitral Awards.  Should either
				party file an action contrary to this provision, the other party may recover
				attorney's fees and costs up to $1000.00.
				
				21.    Jurisdiction And Venue.  The courts of Santa Clara
				County in the State of California, USA and the nearest U.S. District Court
				shall be the exclusive jurisdiction and venue for all legal proceedings that
				are not arbitrated under these Terms of Use.
				
				22.    Controlling Law.  This Agreement shall be construed
				under the laws of the State of California, USA, excluding rules regarding
				conflicts of law.  The application the United Nations Convention of
				Contracts for the International Sale of Goods is expressly excluded.
				
				23.    Intended For Use Only In The United States.  This
				site is controlled and operated by VE from its offices within the United
				States. VE does not represent that this site is appropriate or available
				for use elsewhere; access to this site from locations where its contents
				are illegal is not authorized. If you access this site from outside the United
				States, you do so on your own initiative and at your own risk.
				
				24.    Force Majeure.  We shall not be liable for damages
				for any delay or failure of delivery arising out of causes beyond their reasonable
				control and without their fault or negligence, including, but not limited
				to, Acts of God, acts of civil or military authority, fires, riots, wars,
				embargoes, Internet disruptions, hacker attacks, or communications failures.
				
				25.    Privacy.  Please review this site's Privacy Policy which also governs your visit to this site.
				

