The following terms and conditions govern all use of the guideVue.com website and all content, services and products available at or through the website (collectively, the "Website"). The Website is owned and operated by guideVue, Inc. ("guideVue"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by guideVue (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by guideVue, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Responsibility of Members: If you create a guideVue or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (a) received permission from your employer to post or make available the Content, including but not limited to any software, or (b) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not offensive or pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
Without limiting any of those representations or warranties, guideVue has the right (though not the obligation) to, in guideVue's sole discretion (a) refuse or remove any Content that, in guideVue's reasonable opinion, violates any guideVue policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Website to any individual or entity for any reason, in guideVue's sole discretion. guideVue will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors and Users of Content: guideVue has not reviewed, and cannot review, all of the Content created by guideVues or posted to the Website, and cannot therefore be responsible for that Content, use or effects. By operating the Website, guideVue does not represent or imply that it endorses any Content, or that it believes such Content to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Content may include material that is offensive, indecent, or otherwise objectionable, as well as material containing technical inaccuracies, typographical mistakes, and other errors. Content may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. guideVue disclaims any responsibility for any harm resulting from the use of Content, or from any downloading by those visitors of Content.
Content Posted on Other Websites: We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which guideVue.com or Content links, and that link to guideVue.com. guideVue does not have any control over those non-guideVue websites and webpages, and is not responsible for their contents or their use. By linking to a non-guideVue website or webpage, guideVue does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. guideVue disclaims any responsibility for any harm resulting from your use of non-guideVue websites and webpages.
Intellectual Property: This Agreement does not transfer from guideVue to you any guideVue or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with guideVue. guideVue, guideVue.com, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of guideVue or guideVue's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any guideVue or third-party trademarks.
Changes: guideVue reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. guideVue may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination: guideVue may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your guideVue.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties: The Website is provided "as is." guideVue and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither guideVue nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability: In no event will guideVue, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (a) any special, incidental or consequential damages, (b) the cost of procurement for substitute products or services, or (c) for interruption of use or loss or corruption of data. guideVue shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty: You represent and warrant that (a) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside), and (b) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification: You agree to indemnify and hold harmless guideVue, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous: This Agreement constitutes the entire agreement between guideVue and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of guideVue, or by the posting by guideVue of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, excluding its conflict of law provisions, and the exclusive venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Harris County, Texas. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.