|
BY ACCESSING AND VIEWING THE WEB SITE OF VIEWLOCITY, INC.
("VIEWLOCITY", "WE" OR "OUR") LOCATED AT WWW.VIEWLOCITY.COM ("SITE")
AND ALL RELATED WEB PAGES, YOU AGREE TO USE THE AGREE ON BEHALF OF
YOURSELF AND ANY COMPANY YOU REPRESENT ("YOU" OR "YOUR") THAT YOU
HAVE READ AND AGREE TO USE THE SITE IN ACCORDANCE WITH THESE TERMS
OF USE AND THE VIEWLOCITY WEB SITE PRIVACY POLICY POSTED ON THE
SITE. Please print a copy of this document for your records. To
retain an electronic copy of these Terms of Use, you may save it
into any word processing program.
Section 1. Our Site. Our Site allows You to view
information regarding our products and services and our company,
including specific account information. From time to time, You may
submit Your contact information so that we can contact You to
provide additional marketing information regarding Our products and
services. We may also provide Your contact information to our
business partners and affiliates so that they may send marketing
information to you regarding their products and services. Section 2. Use of the Site. The Site and the
information contained in reference herein are for informational
purposes only. Any reproduction, copying, or redistribution for
commercial purposes of any materials or design elements of the Site
is strictly prohibited, without the prior written consent of
Viewlocity. You agree not to use the Site for any unlawful purpose
or in anyway that might harm, damage, or disparage any other party.
Without limiting the proceeding sentence and by way of example, You
agree that You will not:
- Create a false identity or impersonate another for the
purpose of misleading others as to the identity of the sender or
the origin of a message, including, but not limited to,
providing misleading information to any feedback system employed
through the Site;
- Transmit or upload any material that contains viruses,
Trojan horses, worms, time bombs, cancelbots, or any other
harmful or deleterious software programs;
- Interfere with or disrupt the Site, networks or servers
connected to the Site or violate the regulations, policies or
procedures of such networks or servers or otherwise violate or
attempt to violate the security of the Site;
- Upload or otherwise transmit any information or content that
infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
- Upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation (commercial or otherwise);
- Use the Site in any manner whatsoever that could lead to a
violation of any federal, state or local laws, rules or
regulations;
- Harvest, collect, or send information about others,
including e-mail addresses, without their consent or use or
attempt to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders,
robots or intelligent agents) to navigate or search the Site to
harvest or otherwise collect information from the Site to be
used for any commercial purpose; or
- Allow any other person or entity to use your username or
password for any purpose related to the Site.
Section 3. Links on the Site. From time to time,
this Site may contain links to other third party web sites that are
not controlled by Viewlocity. Viewlocity provides these links as a
convenience to You. Any links to third party sites should not be
considered an endorsement of such sites or any content, products or
information offered through those sites. Unless otherwise agreed to
in writing, You may only link to the home page of this Site through
a plain-text link. You agree not to "frame" or "mirror" any content
or information contained or accessible from the Site without the
prior written approval of Viewlocity or its licensors. You may
contact Viewlocity at the following address with any requests to
link to other pages of the Site: General Counsel, Viewlocity, Inc.,
3475 Piedmont Road, Suite 1700, Atlanta, Georgia 30305. We reserve
the right to deny or rescind permission to link to the Site, and to
require termination of any link to the Site, for any reason in our
discretion.
All other company, product names, organization
names, conference names, and logos in this web site are trademarks, or registered trademarks, of their
respective owners.
Section 4. Additional Agreement by Linked Sites.
Any third party web site that links to the Site: (a) shall not
create a frame, browser or border environment around any of the
content of the Site; (b) may link to, but not replicate, Site
content; (c) shall not imply that Viewlocity is endorsing or
sponsoring any third party web sites; (d) shall not present false
information about Viewlocity or its products or services; (e) shall
not use Viewlocity trademarks without the prior written permission
of Viewlocity.
Section 5. Registration, Username, Password,
Security. You may be required to register your name and
company with Viewlocity to use certain portions of the Site.
Occasionally, certain portions of the Site may have additional terms
and conditions contained in a separate registration agreement. If
the terms of any registration agreement on the Site conflict with
the terms of this Agreement, the registration agreement shall
control. Your username and any password that You submit will be used
to grant You access to the portions of the Site that require
registration. You agree to keep Your username and password
confidential, not to disseminate Your username and password, and not
to allow others to access or use the Site on Your behalf. You shall
immediately notify Viewlocity if you learn of or suspect: (a) any
loss or theft of Your username or password, or (b) any unauthorized
use of Your username or password or of the Site. In the event of
such loss, theft, or unauthorized use, Viewlocity may impose on You,
at Viewlocity' sole discretion, additional security obligations. If
any unauthorized person obtains access to the Site as a result of
any act or omission by You or through the use of Your username and
password information, You agree to use Your best efforts to
ascertain the source and manner of acquisition and shall fully and
promptly brief Viewlocity. You agree to fully cooperate and assist
in any investigation relating to any unauthorized access using Your
username and password.
Section 6. Privacy Policy. Viewlocity maintains
a Web Site Privacy Policy that explains the information We may
collect through the Site and how We use and disclose any information
we collect. By using the Site, You agree to the privacy policy
posted on the Site at the time of Your use. You may access and view
Our Web Site Privacy Policy by
clicking here.
Section 7. Access to the Site. In order to
access the Site, you must have access to the World Wide Web, either
directly or through devices that access web-based content, and pay
any Site fees associated with such access. In addition, you must use
all equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other access device. You are
solely responsible for maintaining the necessary services and
licenses to access the World Wide Web.
Section 8. Disclaimer of Warranties. THE SITE
AND ALL INFORMATION POSTED ON THE SITE IS PROVIDED "AS IS."
VIEWLOCITY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND
WHATSOEVER TO YOU OR ANY COMPANY YOU REPRESENT RELATING IN ANY WAY
TO THE SITE OR ITS CONTENTS, OR ANY WEB SITE OR OTHER CONTENT OR
SITE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE,
OR THE ABILITY TO ACCESS AND VIEW THE SITE AT ALL TIMES. VIEWLOCITY
DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY OR IMPLIED, INCLUDING
THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES'
RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Section 9. Limitation of Liability. IN NO EVENT
WILL VIEWLOCITY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE
SITE, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT,
NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIEWLOCITY
WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
VIEWLOCITY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR
CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED THE GREATER OF
THE AMOUNTS YOU PAID VIEWLOCITY TO USE THIS SITE OR ONE HUNDRED
DOLLARS ($100.00). The foregoing limitations shall not apply to
losses arising from death or personal injury caused by the
negligence or intentional act of Viewlocity (for which Viewlocity
will accept unlimited liability) or to other situations if, and only
to the extent that, such contractual limitations cannot under
applicable laws limit in such situation the liability of
Viewlocity.
Section 10. Indemnification. Upon a request by
Viewlocity, You agree to indemnify and hold harmless Viewlocity and
their respective subsidiaries, affiliates, directors, officers,
agents, licensors, co-branders or other partners and employees from
and against all liabilities, claims and expenses, including
reasonable attorneys' fees, made by any third party due to or
arising out of Your use of the Site, Your violation of this
Agreement or Your violation of any rights of another.
Section 11. Choice of Law and Forum. These Terms
of Use shall be governed by and construed in accordance with the
laws of the State of Georgia, United States excluding its conflict
of law rules. You expressly consent and agree to submit to the
jurisdiction and venue of the United States District Court for the
Northern District of Georgia or, as appropriate, the courts of the
State of Georgia located in Fulton County, in all disputes arising
out of or relating to the use of or relating to this Site.
Section 12. United States Jurisdiction. The Site
is operated in the United States of America. Viewlocity does not
represent that content or materials presented on the Site are
appropriate or available for use in other locations. [SINCE
VIEWLOCITY IS ACTIVE IN MANY COUNTRIES, DOES VIEWLOCITY WANT TO
INCLUDE THE PREVIOUS STATEMENT?] If You access the Site from a
jurisdiction other than the United States, you agree that You do so
on your own initiative, and are responsible for compliance with
local laws, if and to the extent local laws are applicable to Your
use of the Site.
Section 13. Modification of This Agreement.
Viewlocity reserves the right to amend this Agreement at any time by
posting the revised Terms of Use on this Site. Your use of the Site
after the posting of modifications to these Terms of Use will
constitute Your acceptance of this Agreement, as modified. If, at
any time, You do not wish to accept this Agreement, You may not use
the Site.
Section 14. Miscellaneous. Viewlocity may amend,
modify or otherwise change these Terms of Use. In the event any of
the provisions of the Terms of Use are held unenforceable or invalid
by a court of competent jurisdiction, such provisions shall be
deemed severed from the applicable agreement and the remaining
provisions thereof shall remain in full force and effect. Failure of
any party to enforce, in any one or more instances, any of the
provisions herein shall not be construed as a waiver of the future
performance of any such terms or conditions. No consent to a breach
of any express or implied term of the Terms of Use or any other
notice, directive, or rule otherwise posted on the Site shall
constitute a consent to any prior or subsequent breach thereof.
Viewlocity may investigate occurrences that may involve any
violation of these Terms of Use and may involve, and cooperate with,
law enforcement authorities in prosecuting users who are involved in
such violations. You agree that no joint venture, partnership,
employment, or agency relationship exists between You and Viewlocity
as a result of this Agreement or Your use of this Site. Nothing
contained in this Agreement is in derogation of Viewlocity's right
to comply with governmental, court and law enforcement requests or
requirements relating to Your use of this Site or information
provided to or gathered by Viewlocity with respect to such use. A
printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
Section 15. Termination. Viewlocity reserves the
right, in its sole discretion, to terminate these Terms of Use and
Your access to all or part of this Site, with or without notice and
with or without cause. Termination of Your access to this Site means
the revocation of the limited and temporary license and permission
to use the software and other resources of the Site granted to You
under this Agreement by Viewlocity. The provisions of this Agreement
will survive the termination of Your access to the Site.
Section 16. Violations. Please report any
violations of this Agreement to Viewlocity's webmaster at
webmaster@viewlocity.com.
|
|
