NOTICE:  BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

SITE TERMS OF USE

This Site and any related microsites (together, the “Site”) are provided by Eversight, together with its affiliates and subsidiaries (collectively, “Eversight”). The Site includes, without limitation: (a) all services offered on or through such sites (“Services”); (b) all software offerings and applications available on or through the Site (“Software”); and (c) all data, text, images, photographs, graphics, audio, video, offers, coupons, and other information and content available on or through or submitted on or through the Site (“Content”). A violation of these Terms of Use may result in our taking action we deem appropriate, including without limitation, issuing a warning and suspending or terminating your access to and use of the Site.

NON-COMMERCIAL USE ONLY

The Site and all Services, Software, and Content are meant for your private, non-commercial use. You may not sell, auction, alter, duplicate, transfer, distribute any Content, Software, or Services, or otherwise use them for commercial purposes.

MODIFICATIONS TO TERMS OF USE

Eversight reserves the right, at its sole discretion and without notice, to change, modify, add, or remove these Terms, or any portion, at any time.  It is your responsibility to check these terms periodically for changes.  Your continued use of the Site following the posting of any changes indicates your acceptance of the then current Terms.

ADDITIONAL TERMS

Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between these Terms of Use and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.

THIRD PARTY CONTENT

Certain content from third parties (“Third Party Content”) may be made available as part of the Site or through links from the Site. Generally, these third parties have obtained such content from sources believed by them to be reliable. Eversight makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any Third Party Content.  You should refer to the policies posted on third party web sites regarding privacy and terms of use prior to using such sites. You agree that Eversight is not responsible for Third Party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content.

CHILDREN

If you are under 13 years of age, then please do not use or access the Site at any time or in any manner, or submit any information to the Site or to Eversight.

SUBMISSIONS

All comments or materials submitted by you to Eversight through the Site, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, “Feedback”) shall be received and treated by Eversight on a non-confidential and unrestricted basis. Further, Eversight shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that submitted Feedback does not violate these Terms of Use or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”. Eversight may, in its sole discretion, remove any Feedback you submit to the Site that in its opinion breaches these Terms of Use or any applicable law, or is otherwise objectionable.

OWNERSHIP

All right, title and interest in and to the Site and its Content, including but not limited to the design, selection, arrangement, and “look and feel” of Content, are and shall remain the intellectual property and copyrighted works of Eversight and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any Eversight name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without Eversight’s express prior written consent. Except as expressly stated in these Terms of Use, neither the Site, nor any part thereof, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or distributed in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Eversight. You may electronically copy and print to hard copy Content for non-commercial, personal use only.

PASSWORD PROTECTED AREAS

Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You agree that you will not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify Eversight immediately of any unauthorized use of your password(s) or account(s). You agree that Eversight will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Eversight or another due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any Eversight networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any Eversight networks or systems, or to interfere or attempt to interfere with any Eversight networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any Eversight, networks or systems.

INFORMATION ABOUT YOURSELF

You agree that any information you provide about yourself will be true, accurate, current and complete information, and you agree to maintain and promptly update information about yourself to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Eversight has reasonable to suspicion that such information is untrue, inaccurate, not current or incomplete, Eversight has the right to suspend or terminate your account and refuse any or all current or future use of the Site (or any portion thereof).

PRIVACY

Eversight protects your personal data, and has developed a Privacy Policy describing Eversight’s personal data collection and use policies and practices, which is incorporated by reference as if set forth in its entirety herein.  Please refer to our Privacy Policy for detailed information.

COMPLIANCE WITH LAWS AND ENFORCEMENT

You agree not to use the Site in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States. Eversight has the right, but not the obligation, to monitor any activity on the Site. Eversight may, without notice to you: (a) disclose information from the Site to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required; (b) investigate any reported violation of its policies and complaints, and take any appropriate action it deems appropriate at any time, including without limitation, suspension or termination of access and/or use of the Site.

USE OF SOFTWARE

Your use of Software is subject to these Terms of Use and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, “EULA Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) The Software may be used solely for your personal and noncommercial purposes; (b) You may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) You may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software or disclose any such method or means to any third party; (d) You may not modify, alter, or create derivative works of the Software; and (e) the Software may not be transferred, sublicensed, assigned, copied, or redistributed.

SERVICES

Eversight may change the Services offered on or through the Site at any time without notice. Eversight makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.

CONTENT

All Content is provided on or through the Site for informational purposes only, and should not be construed to indicate that any such Content is endorsed by Eversight.  EVERSIGHT MAKES NO REPRESENTATION OR GUARANTEE THAT THE CONTENT IS ACCURATE, COMPLETE OR TIMELY, AND YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

To the extent permitted by the applicable law, Eversight is not responsible for the consequences of or reliance on any Content or Third Party Content contained in or information submitted to the Site, or Services obtained through the Site, and the risk of damage from the foregoing rests entirely with you. Use of the Site is entirely at your own risk. The Site, all Content, and Services are provided “as is” without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party intellectual property rights. You agree that Eversight shall not be liable or responsible for any indirect, consequential, special or incidental damages (including without limitation, lost profits, or damages that result from inconvenience, delay or loss of use of the Services provided at or through the Site) arising out of use or inability to use of the Site, Services or any Content, arrangements made based on information obtained at the Site, or Services obtained through the Site, even if Eversight has been advised of the possibility of such damages or losses. Notwithstanding the foregoing, the total liability of Eversight (whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory) associated with any claim arising from the Site for any reason whatsoever shall be limited to the cost of accessing the Site, if any.   Some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of incidental or consequential damages. If these laws apply to some or all of the above disclaimers, exclusions or limitations, they may not apply to you, and you may have certain additional rights.

INDEMNITY

You agree to defend, indemnify and hold Eversight and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Site.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law principles. Regardless of where you access or use the Site, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or state courts located in Santa Clara County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Use.

GENERAL

These Terms of Use and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Use. No waiver by Eversight of any breach or default of these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use represent the complete agreement between Eversight and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between Eversight and you.

CONTACT INFORMATION

If you have any questions regarding these Terms of Use, please contact Eversight at:

Eversight, Inc.

2479 E. Bayshore Rd., Ste 175

Palo Alto, CA 94303

Copyright © 2014 Eversight, Inc.. All Rights Reserved.