Vituity

Terms of Use

These terms and conditions of use ("Terms of Use”) govern your use of the web site located at www.vituity.com ("Site"). The Site is the property of CEP America, LLC, dba Vituity, (“Vituity”) and its licensors.

BY USING THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Vituity reserves the right to modify or add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Intellectual Property

All text, graphics, trademarks, logos, sounds, artwork, and computer code available on or through the Site (“Content”), including but not limited to the selection, arrangement, design, or "look and feel" of Content, is the property of Vituity or its licensors and is protected by copyright, trademark, and other intellectual property law. We give you permission to access and use the Content only for your personal, non-commercial use. You agree not to reproduce, distribute, sell, or broadcast, the Content received through the Site to anyone. Any copy made of information obtained from the Site must include all applicable copyright notices.

All Vituity trade and service names, including, but not limited to "Vituity", are trademarks of CEP America, LLC. All other brands and names are the property of their respective owners. Nothing contained in the Site should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of Vituity or such third-party that may own the trademark.

Your Use of the Site

You agree not to access or use the Site or Content in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms of Use. You agree will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Vituity server, or to any of the services offered on or through the Site, by hacking or any other illegitimate means.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Vituity’s systems or networks.

Privacy

Vituity’s Privacy Policy applies to your use of the Site, and its terms are made a part of these Terms of Use by this reference. By using the Site, you acknowledge and agree that internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others.

Links to Other Sites

The Site may contain links to other independent third party web sites that are not owned or controlled by Vituity. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any information contained therein. We encourage you to read the terms and conditions and privacy policies of all linked sites, as they may materially differ from ours. You agree that we are not responsible for any loss or damage of any sort incurred as the result of the presence of such links on the Site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses and other destructive items.

Disclaimers

ACCESS TO THE SITE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VITUITY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT.

WITHOUT LIMITING THE FOREGOING, VITUITY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES VITUITY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, SECURITY, LEGALITY OR SUITABILITY OF THE SITE OR ANY OF THE CONTENT PROVIDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK.

VITUITY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY CONTENT INCLUDING, IDEAS, INFORMATION, OR GUIDELINES ACCESSED THROUGH THE SERVICE.

Limitation of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL VITUITY OR ITS LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.  WITHOUT LIMITATION OF THE FOREGOING, EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL VITUITY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF VITUITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, VITUITY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, VITUITY’S LIABILITY SHALL IN NO EVENT EXCEED US$100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Vituity, its officers, directors, affiliates, contractors, agents and employees harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Vituity by any third party due to or arising out of or in connection with your use of the Site or Content.

Miscellaneous

These Terms of Use are governed by the laws of the State of California without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the State of California for the resolution of any dispute based upon or relating to these Terms of Use and to the personal jurisdiction of the state courts located in Alameda County, California, or the federal courts of the Northern District of California. You agree to waive any objections to the exercise of jurisdiction by such courts and to venue in such courts. These Terms of Use constitute the sole agreement between you and Vituity relating to your use of the Site and Content. Any of the terms of these Terms of Use which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms or affecting the validity or enforceability of the Terms of Use as a whole. Failure to insist on performance of any of the terms of these Terms of Use will not operate as a waiver of any subsequent default. No waiver by Vituity of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Last updated: January 30, 2018