Quick Index
Terms of Use
Welcome to the website of OpenEye.com Inc. (OpenEye).
This website is best viewed using Microsoft®
Internet Explorer 6+ browser.
Use of this website, and information
distributed in conjunction with this website is offered to
you on your acceptance of these Terms of
Use, our Privacy Policy and other notices
posted on this website. Your use of this
website or of any content presented in any
and all areas of the website indicates your
acknowledgment and agreement to these Terms
of Use, our Privacy Policy and other notices
posted on this website. If you do not agree
to be bound by and comply with all of the
foregoing, you may not access or use our
information, services, or website.
We suggest you print a copy of each of these
documents for your records.
OpenEye shall have the right, at its sole
discretion, to modify, add or remove any
terms or conditions of these Terms of Use
without notice or liability to you. Any
changes to these Terms of Use shall be
effectively immediately following the
posting of such changes on this website. The
most recent version of these Terms of Use
may always be found at
http://www.openeye.net/aboutus_termsofuse.asp. You agree to review these Terms of Use
from time to time and agree that any
subsequent use by you of this website
following changes to these Terms of Use
shall constitute your acceptance of all such
changes. These Terms of Use were last
modified on November 13, 2003.
Disclaimer
This website is for informational purposes
only and is not intended to provide specific
commercial, financial, investment,
accounting, tax, or legal advice. It is
provided to you solely for your own
personal, non-commercial use and not for
purposes of resale, distribution, public
display or performance, or any other uses by
you in any form or manner whatsoever. Unless
otherwise indicated on this website, you may
display, download, archive, and print a
single copy of any information on this
website, or otherwise distributed from
OpenEye for such personal, non-commercial
use, provided it is done pursuant to the
User Conduct and Obligations set forth
herein.
OpenEye has used its commercially
reasonable efforts
to obtain the most accurate and timely
information available, however, we do not guarantee the
accuracy, timeliness, reliability or
completeness of any of the information
contained on, downloaded or accessed from
this website.
The performance of this website and all
information contained on, downloaded or
accessed from this website are provided to
you on an "as is" basis, without warranties
of any kind whatsoever, including any
implied warranties or warranties of
merchantability, fitness for a particular
purpose or non-infringement of the rights of
third parties. OpenEye shall be not
responsible for any problems or technical
malfunction of any telephone network or
lines, computer on-line systems, servers,
Internet access providers, computer
equipment, software, or any combination
thereof including any injury or damage to
your or any other person's computer as a
result of using this website.
OpenEye reserves the right, at its sole
discretion, to modify, disable access to or
discontinue, temporarily or permanently, any
part or all of this website or any
information contained thereon without
liability or notice to you.
As a visitor to our website, you acknowledge
and agree that any reliance on or use by you
of any information available on this website
shall be entirely at your own risk. In no
event shall OpenEye nor any of its data
providers be liable for any direct,
indirect, consequential or exemplary damages
arising from the use or the performance of
this website, even if OpenEye or such
provider has been advised of the possibility
of such damages.
Privacy Policy
You have read and agree to all of the terms
and conditions of our Privacy Policy, which
is located at:
http://www.openeye.net/privacypolicy.asp.
Confidentiality and Transmissions over the
Internet
The transmission of data or information
(including communications by e-mail) over
the Internet or other publicly accessible
networks is not secure, and is subject to
possible loss, interception or alteration
while in transit. Accordingly, we do not
assume any liability for any damage you may
experience or costs you may incur as a
result of any transmissions over the
Internet or other publicly accessible
networks, such as transmissions involving
the exchange of e-mail with us (including
those which may contain your personal
information). While we shall take
commercially reasonable efforts to safeguard
the privacy of the information you provide
us and treat such information in accordance
with our Privacy Policy, in no event will
the information you provide to us be deemed
to be confidential, create any fiduciary
obligations to you on our part, or result in
any liability to you on our part in the
event that such information is inadvertently
released by us or accessed by third parties
without our consent.
User Conduct and Obligations
You agree to follow all applicable laws and
regulations when using this website.
Furthermore, you agree that you shall not:
upload, post or otherwise transmit through
or to this website any content that:
- is unlawful, abusive, threatening, harmful,
obscene, lewd, offensive, defamatory or
otherwise objectionable;
- might infringe the intellectual property
rights, privacy rights, rights of publicity,
or other proprietary rights of others;
- contains any viruses, trojan horses, time
bombs, or any other harmful programs or
elements;
disrupt, place unreasonable burdens or
excessive loads on, interfere with or
attempt to gain unauthorized access to any
portion of our website, its computer
systems, servers or networks;
provide false information about yourself to
us, impersonate any other person, or
otherwise attempt to mislead others about
your identity or the origin of any content,
message or other communication;
transmit junk mail, chain letters, or other
unsolicited bulk e-mail or duplicative
messages;
collect information about other visitors to
our website without their consent or
otherwise systematically extract data or
data fields, including without limitation
any financial data or e-mail addresses;
sell access to or the use of this website,
including any content contained on,
downloaded or accessed from this website,
except as specifically permitted in writing
by OpenEye.com;
redistribute any content, including
financial data, provided by us in any manner
whatsoever including by means of printed
publication, fax broadcast, web pages,
e-mail, web newsgroups or forums, or any
other electronic or paper-based service or
method;
intentionally alter the format in which
financial data is provided by us or
otherwise circumvent our regular interfaces
to such data; and
embed or import any financial data provided
by us into any information services (whether
or not web-based), data files or application
software, including without limitation
accounting and payroll systems, except as
except as specifically permitted in writing
by OpenEye.com.
By uploading, posting or otherwise
transmitting through or to our website any
content, you grant to us, our successors and
assigns, a non-exclusive, world-wide,
royalty free, perpetual, non-revocable
license to use or distribute such content in
any manner otherwise than as stated in our
Privacy Policy.
Indemnification by User
You agree to indemnify, defend and hold us
and our affiliates, business partners,
officers, directors, employees and agents
harmless from any loss, liability, claim,
demand, damage, or expense (including
reasonable legal fees) asserted by any third
party relating in any way to your use of
this website or breach of these Terms of
Use. We reserve the right to assume the
exclusive defense and control of any matter
subject to indemnification by you, which
shall not excuse your indemnity obligations.
Third Party Websites, Content and Products
and Services
Links or pointers to other websites and
references to products and services offered
by third parties are provided to you for
convenience only and do not constitute an
endorsement or approval by us of (i) the
organizations that operate such websites;
(ii) the content, privacy policies or other
terms of use on such websites; or (iii) such
third party products and services. As we
have no control or responsibility over
websites or content maintained by other
organizations, or for products and services
offered by third parties, we do not assume
any liability for your use of any of the
foregoing, which use you acknowledge and
agree shall be at your own risk.
Proprietary Rights
OpenEye, OpenEye.com, SecurIPVM,
SecurStor,SecurNet, and
other identifying marks of OpenEye Corporation
are and shall remain the trade-marks and
trade names and exclusive property of
OpenEye
Corporation, and any unauthorized use of
these marks is unlawful. Other trade-marks
on this website are the property of their
respective owners. All content on this
website, including without limitation all
programs, complied binaries, interface
layout, interface text, documentation and
graphics, is the copyrighted property of
OpenEye.com and is protected by international
copyright law. The content on this website
may be used by you only for your personal,
non-commercial use as provided for in these
Terms of Use, but may not be taken out of
context or presented in a misleading or
discriminatory manner. Any rights not
expressly granted to you are reserved by us.
General
If any provision of these Terms of Use is
held invalid or unenforceable in any respect
by any court having competent jurisdiction,
such provision shall be enforced to the
maximum extent permitted by law, and the
remaining provisions of these Terms of Use
shall continue in full force and effect. No
waiver of any provision of these Terms of
Use shall be deemed a further or continuing
waiver of such provision or any other
provision of these Terms of Use.
You agree that these Terms of Sale, our
Privacy Policy and other notices posted on
this website have been drawn up in English.
Although translations in other languages of
any of the foregoing documents may be
available, such translations may not be up
to date or complete. Accordingly, you agree
that in the event of any conflict between
the English language version of the forgoing
documents and any other translations
thereto, the English language version of
such documents shall govern.
These Terms of Use shall be governed by and
construed in accordance with the laws of the
State of Washington and the laws of The
United States of America
applicable therein, without regard to
conflict of laws provisions thereto. The
parties consent to the exclusive
jurisdiction of the courts of, and venue and situs in,
Spokane, Washington.
Contact
If you have any questions or concerns about
our website or these Terms of Use, please
feel free to contact us at
support@openeye.net.
. |
