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.