User Agreement For This Website

IMPORTANT: READ THIS ENTIRE AGREEMENT CAREFULLY. THIS IS A LEGAL DOCUMENT UNDER WHICH YOU HAVE CERTAIN LEGAL RIGHTS AND OBLIGATIONS. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT USE THIS WEBSITE.

1. Scope of this Agreement. Vision III Imaging, Inc. ("v3") maintains this Website for your personal use or your use as a representative of your employer. Please feel free to browse this Website. By using this Website, or by bypassing this Agreement in any way (for example, by linking to a page within this Website), you are entering into an agreement with v3 to be bound by the then-current version of this Agreement. You are also bound by all applicable laws. This is the entire agreement between you and v3 relating to your use of this Website at this time. v3 has the right to revise this Agreement at any time, and such revisions shall be effective when v3 posts them on this Website. Each time you use this Website, you agree to be bound by the version of this Agreement posted on this Website at that time.

2. DISCLAIMER OF WARRANTIES. ALL CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, v3 DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT OR THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF OWNERSHIP, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR SYSTEM INTEGRATION. ALTHOUGH v3 WISHES THE CONTENT OF THIS WEBSITE TO BE ACCURATE, COMPLETE, AND CURRENT, v3 DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OR DATA ON THIS WEBSITE IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, OR DATA, AND THE EQUIPMENT ON WHICH THIS WEBSITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, v3 DISCLAIMS ANY OBLIGATION TO MAINTAIN THIS WEBSITE OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, AS ENACTED IN ANY STATE WHOSE LAWS MAY APPLY TO THIS AGREEMENT, SHALL NOT APPLY TO THIS AGREEMENT.

3. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL v3 BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF THIS OR OTHER WEBSITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM THIS WEBSITE OR ANY OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS, DATA, OR INFORMATION, EVEN IF v3 HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

4. Use of Website. The content of this Website, including all data, information, text, images, sounds, icons, and other content is protected by copyrights and other intellectual property rights. You may review, download, and/or print the content of this Website only for your personal, non-commercial, entertainment use on a single computer. It is the policy of v3 not to tolerate any actions of intellectual property infringement or violations of U. S. law based on any information on this Website. Accordingly, you may not modify in any way any content you obtain from this Website, distribute or transmit it to any other person or company for commercial purposes, frame or otherwise display any of the content of this Website on your own or any other website, use such content in any way that is competitive with v3 or that disparages v3, mass distribute such content through electronic or other means, sell, license rent, copy, reproduce, upload, publicly perform, publish, display, adapt, edit, or create derivative works from such content, or make any other use of such content. Such modification, distribution or transmission, display, or use shall constitute a breach of this Agreement and infringe v3’s copyrights, copyrights licensed to v3, and/or other intellectual property rights owned by or licensed to v3. If you download and/or print any content of this Website, you agree to maintain any and all copyright notices and other notices or statements of proprietary rights appearing on such content. v3 has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other website that you access from this Website. In addition, the terms of the “Personal Use License” on this Website apply to any images downloaded from this Website and are incorporated in this Agreement.

5. Further Limitations on Use of this Website. You must be 18 years of age or have the consent of your parents or guardian to access the Website or use its services. By accessing the Website, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Website, conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using any services or Website, or use the Website for any unlawful purpose. v3 reserves the right to terminate your access to the Website or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during the registration process; engage in any conduct that would otherwise harm any of v3’s rights or interests in its Website, services, or other property; or for any or no reason whatsoever without prior notice to you. You may not without the prior written permission of v3 use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this site or accessed through this site. You also may not: engage in the mass downloading of files from this site; use the computer processing power of this site for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this site.

6. E-Mail Communications with v3. If you transmit any information of any kind (including software) to v3 by electronic mail messages originating from this Website, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that v3 may copy, distribute, modify, display, disclose, upload, download, install, store, print, and obtain intellectual property protection in its own name for, such information or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes derived from or incorporating such information, without restriction, in any way v3 chooses anywhere in the world, free of charge to v3 and without acknowledgment of authorship or source. You may not transmit any infringing, pornographic, obscene, lewd, violent, defamatory, inflammatory, libelous, harassing, threatening, unlawful, or otherwise objectionable information or material to v3 by electronic mail messages originating from this Website. v3 disclaims all responsibility for the content of any transmissions to v3 by electronic mail messages originating from this Website, and all liability arising from such content. v3 shall not be liable for any compensation, claims, damages, or fines resulting from any electronic mail communications originated by you from this Website, and you agree to defend, indemnify, and hold v3 harmless with respect to any such compensation, claims, damages, fines, and v3’s attorneys fees.

7. Trademarks. Unless otherwise indicated, the trademarks, service marks, logos, designs, slogans, and trade dress displayed on this Website, and the domain name(s) for this Website (collectively, “Trademarks”), are registered or unregistered Trademarks of Vision III Imaging, Inc., its subsidiaries or related companies, and others. You may not use any of these Trademarks in any way (for example, you may not use any such Trademarks, or similar spellings or misspellings thereof, as links to this Website from other websites, as domain names, or as machine-readable search terms, such as "metatags"), without the prior written consent of v3 or the third party owners of such Trademarks. Adobe logos and its product logos are registered trademarks of Adobe Systems, Inc.

8. Links to this Website. You may not create a link from your website or any other Internet location to v3’s Website without the express written permission of v3. If v3 grants you permission to link to this Website, v3 reserves the right to revoke such permission at any time. If such permission is revoked, you agree that your failure to sever such link immediately will cause v3 immediate and irreparable injury.

9. Links to Other Websites. Any links to other websites or Internet locations from this Website have been provided for your convenience only. v3 does not endorse, sponsor, or approve any of the content of any websites or locations to which this Website is linked. v3 may not be aware of all sites to which this Website is linked. v3 has no control over any of the websites or other Internet locations that you may access through this Website, or from which you access this Website, and is not responsible for the content, accuracy or privacy policy of the content of any such websites or locations. If you access any other website or Internet locations through this Website, you do so at your own risk.

10. v3 Products on this Website. v3 reserves the right to change or discontinue at any time, without notice, any materials, equipment, specifications, models, products, or services described on this Website, or the availability thereof. Products, methods, and processes described on this Website may be covered by U. S. or foreign patents and/or other intellectual property rights. 11. Access to and Use of this Website. You may not use, access, or search this Website in any way that is not expressly authorized in this Agreement, such as by bypassing this Agreement. You may not interfere with or interrupt the proper working of this Website, or reduce or overload the capacity of this Website or the equipment on which it runs.

12. Privacy Policy. Any contact between you and this Website or between you and v3 by electronic mail originating from this Website, or your use of this Website, is subject to the v3 Privacy Policy described under “Privacy Policy” in this Website. The v3 Privacy Policy is incorporated in this Agreement.

13. Use outside the United States. v3 makes no representation or warranty that the content of this Website is appropriate, lawful, or available for use in countries other than the United States. If you use this Website, you are responsible for compliance with all applicable laws.

14. Dispute Resolution. All disputes seeking only monetary damages and arising out of or relating to this Agreement or v3’s operation of this Website, except disputes involving infringement or ownership of intellectual property rights, shall be resolved by binding arbitration in the Commonwealth of Virginia, pursuant to the rules of the American Arbitration Association. All disputes seeking injunctions or other non-monetary remedies or involving infringement or ownership of intellectual property rights shall be resolved in the Federal Eastern District of Virginia courts, and you consent to personal jurisdiction and venue in such courts. All disputes of any kind relating to this Agreement shall be governed by the laws of Virginia and applicable federal laws, without giving effect to conflicts or choice of laws principles.

15. Termination by v3. v3 reserves the right, in its sole discretion, to terminate your access to or use of this Website and any related services or any portion thereof at any time and for any reason, including, without limitation, breach of this Agreement.

16. Termination by You. Your obligations under this Agreement shall continue for as long as you access or use this Website or use or maintain any of the content of this Website or copies thereof. You may terminate your obligations at any time by discontinuing your use of this Website and by destroying all content obtained from it, and all copies thereof. However, your termination of this Agreement does not relieve you from liability resulting from your failure to comply with the obligations of this Agreement before such termination, and v3 reserves the right to enforce such pre-termination obligations before or after you terminate this Agreement.

17. Indemnity. You agree to defend, indemnify, and hold harmless v3, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Website or your breach of these Terms of Use. v3 shall provide notice to you promptly upon receipt of written notice of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

18. Choice of Law. You agree that any issue or dispute arising out of or in connection with your use of the v3 Website, intellectual property, the Terms of Use, the Privacy Policy, or any matter concerning v3 shall be governed by the laws of the United States and the Commonwealth of Virginia. If any provision of the Terms of Use or Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use or Privacy Policy, which shall remain in full force and effect. By using the Website, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. v3 makes no representation that materials contained in the Website are appropriate or v3v3 liable for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

19. Severability. If any portion of this Agreement is unlawful, invalid, or unenforceable, then such portion shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remainder of this Agreement.

20. Product Purchase. The Terms and Conditions regarding all products purchased or licensed from this website are covered in the Terms and Conditional of Sale section of this website.