Terms and Conditions of Use

This web site (the “Site”) is provided by TotalView Technologies LLC (“TotalView Technologies”) as a service to our customers. Please review the following basic rules that govern your use of the Site. Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. TotalView Technologies reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use this Site. These Terms and Conditions of Use apply solely to the use of the TotalView Technologies Site and do not extend to any unaffiliated sites or links to third parties.

These Terms and Conditions and our Privacy Policy, contain the entire agreement (the “Agreement”) between you and TotalView Technologies with respect to this Site. Any rights not expressly granted herein are reserved.

Use of This Site

Right to Use

You acknowledge that you are 13 years of age or older, and if you are under the age of 18, you are under the supervision of a parent or legal guardian. If you are under the age of 13 you are not allowed to visit or otherwise use this Site.

Your Obligations

You agree to use this Site only for lawful purposes. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy this Site will not be tolerated, including by means of hacking or defacing any portion of this Site, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through this Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of this Site, or parts of this Site, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.

You agree to provide true, accurate, current, and complete information about yourself when registering with our Site. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of this Site. Because any termination of your access to the Site may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this Site.

When you create an account, you may be asked to supply your name, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this Site using your account or User ID. You grant TotalView Technologies and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. TotalView Technologies cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using TotalView Technologies’ Site. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.

Links to Third Party Sites

This Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites. We reserve the right to terminate these links at any time.

Termination

These Terms and Conditions and Privacy Policy are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of this Site. Your use of this Site is at your sole risk. If you are dissatisfied with this Site, its content, or any of these terms, conditions, and policies, your sole and exclusive legal remedy is to discontinue using this Site. TotalView Technologies also may terminate the Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in TotalView Technologies’ sole discretion you fail to comply with any term or provision of the Agreement. TotalView Technologies reserves the right to terminate your membership and access to any specific content, products or services or to remove any content you have posted to the Site if it learns that you have provided TotalView Technologies with false or misleading registration information. If your registration(s) with or ability to access the Site is terminated by TotalView Technologies due to your violation of any portion of these Terms and Conditions of Service or for conduct otherwise deemed inappropriate by TotalView Technologies, then you agree that you shall not attempt to re-register with or access TotalView Technologies, through use of a different member name or otherwise.

Indemnification

You agree to defend, indemnify and hold harmless TotalView Technologies, its employees, directors, officers, or agents from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use or misuse of the Site.

Disclaimer

THIS SITE IS PROVIDED BY TotalView Technologies ON AN “AS IS” AND “AS AVAILABLE” BASIS. TotalView Technologies MAKES NO REPRESENTATIONS OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TotalView Technologies MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. TotalView Technologies MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TotalView Technologies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE TotalView Technologies WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TotalView Technologies OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE TotalView Technologies WEB SITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE TotalView Technologies SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE TotalView Technologies SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TotalView Technologies HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IN NO EVENT SHALL TOTALVIEW TECHNOLOGIES' LIABILITY UNDER THIS AGREEMENT, INCLUDING FOR DIRECT DAMAGES, EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TotalView Technologies UNDER THIS AGREEMENT.

General

Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of TotalView Technologies to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit TotalView Technologies’ rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of the Commonwealth of Massachusetts, and you consent to the exclusive personal jurisdiction of such courts. Any cause of action you may have with respect to your use of TotalView Technologies must be commenced within one (1) year after the claim or cause of action arises.