Terms of Use

Welcome to ViewFind. These Terms of Use (the “Terms of Use”) govern your use of the ViewFind, Inc. (“ViewFind”) services available through our website located at www.viewfind.com (the “Website”), and mobile software application known as “ViewFind” (the “Application”, collectively with the Website, the “Services”, and including any software, information and content available via the Services, the “ViewFind Properties”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH VIEWFIND, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY VIEWFIND IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, ViewFind will make a new copy of the Terms of Use available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined in Section 1.1 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the ViewFind Properties and will be effective thirty (30) days after posting notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 1.1 below). ViewFind may require you to provide consent to the updated Terms in a specified manner before further use of the ViewFind Properties is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the ViewFind Properties. Otherwise, your continued use of the ViewFind Properties constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

  • 1. Registration
  • 1. Registering Your Account. In order to access certain features of the ViewFind Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the Services (each such account, a “Third-Party Account”).
  • 2. Access Through a SNS. If you access the Services through a SNS as part of the functionality of the ViewFind Properties, you may link your Account with Third-Party Accounts, by allowing ViewFind to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to ViewFind and/or grant ViewFind access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating ViewFind to pay any fees or making ViewFind subject to any usage limitations imposed by such third-party service providers. By granting ViewFind access to any Third-Party Accounts, you understand that ViewFind may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the ViewFind Properties that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the ViewFind Properties via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section 3.1) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the ViewFind Properties. Please note that if a Third-Party Account or associated service becomes unavailable or ViewFind’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the ViewFind Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND VIEWFIND DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. ViewFind makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and ViewFind is not responsible for any SNS Content.
  • 3. Registration Data. In registering for the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the ViewFind Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the ViewFind Properties by minors. You may not share your Account or password with anyone, and you agree to (x) notify ViewFind immediately of any unauthorized use of your password or any other breach of security; and (y) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or ViewFind has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ViewFind has the right to suspend or terminate your Account and refuse any and all current or future use of the ViewFind Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. ViewFind reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the ViewFind Properties if you have been previously removed by ViewFind, or if you have been previously banned from any of the ViewFind Properties.
  • 2. Use of the Services and ViewFind Properties. The ViewFind Properties are protected by copyright laws throughout the world. Subject to the Terms, ViewFind grants you a limited license to reproduce portions of the ViewFind Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by ViewFind in a separate license, your right to use any ViewFind Properties is subject to the Terms. Any future release, update or other addition to the ViewFind Properties shall be subject to the Terms. ViewFind, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the ViewFind Properties terminates the licenses granted by ViewFind pursuant to the Terms.
  • 1. Application License. Subject to your compliance with the Terms, ViewFind grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
  • 2. ViewFind Software. Use of any software and associated documentation, other than the Application, that is made available via the Website or the Services (“Software”) is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software. These license terms may be posted with the Software downloads or at the Website page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will ViewFind provide you with any tangible copy of our Software. ViewFind shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. For the purposes of this section tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. If no license agreement accompanies use of the Software, use of the Software will be governed by the Terms. Subject to your compliance with the Terms, ViewFind grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
  • 3. Updates. You understand that the ViewFind Properties are evolving. As a result, ViewFind may require you to accept updates to the ViewFind Properties that you have installed on your computer or mobile device. You acknowledge and agree that ViewFind may update the ViewFind Properties with or without notifying you. You may need to update third-party software from time to time in order to use the ViewFind Properties.
  • 4. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the ViewFind Properties, including but not limited to, a mobile device that is suitable to connect with and use the ViewFind Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the ViewFind Properties.
  • 5. Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the ViewFind Properties or any portion of the ViewFind Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other ViewFind Properties (including images, text, page layout or form) of ViewFind; (c) you shall not use any metatags or other “hidden text” using ViewFind’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the ViewFind Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the ViewFind Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the ViewFind Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the ViewFind Properties; (i) you shall not interfere with or damage the ViewFind Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; and (j) you shall not avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ViewFind or any of ViewFind’s providers or any other third party (including any user) to protect the ViewFind Properties or the content made available thereon.
  • 6. Third-Party Materials. As a part of the ViewFind Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for ViewFind to monitor such materials and that you access these materials at your own risk.
  • 7. Payment, Fees and Taxes. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. ViewFind reserves the right at any time to change its prices and billing methods, either immediately upon posting on the ViewFind Properties or by e-mail delivery to you. All fees are exclusive of any applicable sales, use, withholding or other transactional taxes, which are the sole responsibility of you (if any).
  • 3. Ownership of the ViewFind Properties & Responsibility for Content.
  • 1. ViewFind Properties. Except with respect to Your Content, User Content and any Content ViewFind licenses from third parties, you agree that ViewFind and its suppliers own all rights, title and interest in the ViewFind Properties (including but not limited to, any computer code, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the ViewFind Properties. You acknowledge that you are entirely responsible for all content, photographs, images, videos, text, formation or other materials (“Content”) that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the ViewFind Properties (“Your Content”), and that you and other users of the ViewFind Properties, and not ViewFind, are similarly responsible for all Content they Make Available through the ViewFind Properties (“User Content”).
  • 2. No Obligation to Pre-Screen Content. You acknowledge that ViewFind has no obligation to pre-screen Content (including, but not limited to, User Content), although ViewFind reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that ViewFind pre-screens, refuses or removes any Content, you acknowledge that ViewFind will do so for ViewFind’s benefit, not yours. Without limiting the foregoing, ViewFind shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
  • 3. Storage. Unless expressly agreed to by ViewFind in writing elsewhere, ViewFind has no obligation to store any of Your Content that you Make Available on the ViewFind Properties. ViewFind has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the ViewFind Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that ViewFind retains the right to create reasonable limits on ViewFind’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by ViewFind in its sole discretion.
  • 4. Trademarks. The ViewFind mark and other related graphics, logos, service marks and trade names used on or in connection with the ViewFind Properties or in connection with the Services are the trademarks of ViewFind and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the ViewFind Properties are the property of their respective owners.
  • 5. Your Content. Unless expressly agreed to in writing elsewhere, ViewFind does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in the ViewFind Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. Subject to any applicable account settings that you select, any applicable Supplemental Terms, or if alternative terms are agreed to in writing elsewhere, you grant ViewFind a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the ViewFind Properties to you and to our other users and promoting the Services. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the ViewFind Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not ViewFind, are responsible for all of Your Content that you Make Available on or in the ViewFind Properties.
  • 6. Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the ViewFind Properties.
  • 7. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the ViewFind Properties, you hereby expressly permit ViewFind to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
  • 8. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of ViewFind.
  • 9. Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit a photograph of another person without that person’s permission.
  • 10. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to ViewFind through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that ViewFind has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to ViewFind a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the ViewFind Properties.
  • 4. Investigations. ViewFind may, but is not obligated to, monitor or review the ViewFind Properties and Content at any time. Without limiting the foregoing, ViewFind shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although ViewFind does not generally monitor user activity occurring in connection with the ViewFind Properties or Content, if ViewFind becomes aware of any possible violations by you of any provision of the Terms, ViewFind reserves the right to investigate such violations, and ViewFind may, at its sole discretion, immediately terminate your license to use the ViewFind Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
  • 5. Interactions with Other Users.
  • 1. User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that ViewFind reserves the right, but has no obligation, to intercede in such disputes. You agree that ViewFind will not be responsible for any liability incurred as the result of such interactions.
  • 2. Content Provided by Other Users. The ViewFind Properties may contain User Content provided by other users. ViewFind is not responsible for and does not control User Content. ViewFind has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
  • 6. Third-Party Services.
  • 1. Third-Party Websites, Applications & Ads. The ViewFind Properties may contain links to third-party websites and applications (“Third-Party Websites & Applications”) and advertisements for third parties (collectively, “Third-Party Websites, Applications & Ads”). When you click on a link to a third-party website, application or ad, we will not warn you that you have left the ViewFind Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Applications & Ads are not under the control of ViewFind. ViewFind is not responsible for any Third-Party Websites, Applications & Ads. ViewFind provides these Third-Party Websites, Applications & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Applications & Ads, or their products or services. You use all links in Third-Party Websites, Applications & Ads at your own risk. When you leave the ViewFind Properties, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites & Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  • 2. App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and ViewFind and not with the App Store. ViewFind, not the App Store, is solely responsible for the ViewFind Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the ViewFind Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the ViewFind Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
  • 7. Representations and Warranties. You hereby represent and warrant as follows:
  • 1. You have the right to grant all of the license rights contemplated to be provided under these Terms, and has not granted any rights or licenses to any Content or any other intellectual property or technology that would conflict with these Terms;
  • 2. No portion of Your Content contains any disabling mechanism or protection feature designed to prevent its use, copying or enjoyment in the manner contemplated by these Terms, and all Content will be free of any virus, worm, lock, or other mechanism or device that may be used to modify, delete, damage or disable the Services or the Content or any other hardware or computer system, or which would otherwise render inaccessible or impair the use of the Content or the Services in any way;
  • 3. Your Content represents your original work, and Your Content does not infringe any copyright, trademark, right of privacy or right of publicity or other proprietary right of any third party, or defames or casts into disrepute in any manner any third party; and
  • 4. Your Content has not been obtained in any unlawful manner, whether civil or criminal, and is not subject to any applicable accreditation terms or access condition that might be breached by the Your Content being used by ViewFind or other third parties as contemplated by these Terms.
  • 8. Indemnification. ViewFind agrees to indemnify and hold you harmless from any third-party losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of the ViewFind Properties (other than Your Content, User Content, or Content licensed from third parties). You agree to indemnify and hold ViewFind, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “ViewFind Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the ViewFind Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations. ViewFind reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ViewFind in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the ViewFind Properties.
  • 9. Disclaimer of Warranties.
  • 1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE VIEWFIND PROPERTIES IS AT YOUR SOLE RISK, AND THE VIEWFIND PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. VIEWFIND PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • a. VIEWFIND PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (I) THE VIEWFIND PROPERTIES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE VIEWFIND PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE VIEWFIND PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (IV) ANY ERRORS IN THE VIEWFIND PROPERTIES WILL BE CORRECTED.
  • b. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE VIEWFIND PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE VIEWFIND PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  • c. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE VIEWFIND PROPERTIES (INCLUDING THOSE USERS THAT LICENSE YOUR CONTENT THROUGH THE LICENSING SERVICES). YOU UNDERSTAND THAT VIEWFIND DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS (INCLUDING CONTRIBUTORS AND BUYERS OF CONTENT) OF THE VIEWFIND PROPERTIES.
  • d. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. VIEWFIND MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
  • e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VIEWFIND OR THROUGH THE VIEWFIND PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • f. VIEWFIND PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT, AND AS PART OF THE VIEWFIND CONTENT UPLOAD & MY PORTFOLIO SERVICES), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
  • 2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT VIEWFIND PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD VIEWFIND PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS THAT BUY OR LICENSE CONTENT THROUGH THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
  • 10. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL VIEWFIND PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE VIEWFIND PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT VIEWFIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE VIEWFIND PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (A) THE USE OR INABILITY TO USE THE VIEWFIND PROPERTIES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE VIEWFIND PROPERTIES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USERS THAT BUY OR LICENSE CONTENT THROUGH THE SERVICES OR ANY OTHER THIRD PARTY ON THE VIEWFIND PROPERTIES; OR (E) ANY OTHER MATTER RELATED TO THE VIEWFIND PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. UNDER NO CIRCUMSTANCES WILL VIEWFIND PARTIES BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED DOLLAR ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIEWFIND AND YOU. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  • 11. Procedure for Making Claims of Copyright Infringement. It is ViewFind’s policy to terminate access of any user who repeatedly infringes copyright upon prompt notification to ViewFind by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the ViewFind Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the ViewFind Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for ViewFind’s Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent, ViewFind, Inc., 28 2nd St Floor 3, San Francisco, CA 94105 or sales@viewfind.com.
  • 12. Term and Termination.
  • 1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the ViewFind Properties, unless terminated earlier in accordance with the Terms.
  • 2. Prior Use. Notwithstanding the foregoing, if you used the ViewFind Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the ViewFind Properties (whichever is earlier) and will remain in full force and effect while you use the ViewFind Properties, unless earlier terminated in accordance with the Terms.
  • 3. Termination of Services by ViewFind. If you have materially breached any provision of the Terms, or if ViewFind is required to do so by law (e.g., where the provision of the Website, the Application, the Software or the Services is, or becomes, unlawful), ViewFind has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in ViewFind’s sole discretion and that ViewFind shall not be liable to you or any third party for any termination of your Account.
  • 4. Termination of Services by You. If you want to terminate the Services provided by ViewFind, you may do so by (a) notifying ViewFind at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to ViewFind's address set forth below.
  • 5. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. ViewFind will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  • 13. Remedies.
  • 1. Violations. If ViewFind becomes aware of any possible violations by you of the Terms, ViewFind reserves the right to investigate such violations. If, as a result of the investigation, ViewFind believes that criminal activity has occurred, ViewFind reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. ViewFind is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the ViewFind Properties, including Your Content, in ViewFind’s possession in connection with your use of the ViewFind Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of ViewFind, its users or the public, and all enforcement or other government officials, as ViewFind in its sole discretion believes to be necessary or appropriate.
  • 2. Breach. In the event that ViewFind determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the ViewFind Properties, ViewFind reserves the right to: (a) Warn you via e-mail (to any e-mail address you have provided to ViewFind) that you have violated the Terms; (b) Delete any of Your Content provided by you or your agent(s) to the ViewFind Properties; (c) Discontinue your registration(s) with the any of the ViewFind Properties, including any Services or any ViewFind community; (d) Discontinue your use of any Services; (e) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) Pursue any other action which ViewFind deems to be appropriate.
  • 3. No Subsequent Registration. If your registration(s) with or ability to access the ViewFind Properties, or any other ViewFind community is discontinued by ViewFind due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the ViewFind Properties or any ViewFind community through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, ViewFind reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
  • 14. General Provisions.
  • 1. Electronic Communications. The communications between you and ViewFind use electronic means, whether you visit the ViewFind Properties or send ViewFind e-mails, or whether ViewFind posts notices on the ViewFind Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from ViewFind in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ViewFind provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
  • 2. Release. You hereby release ViewFind Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the ViewFind Properties, including but not limited to, any interactions with or conduct of Buyers, other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the ViewFind Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
  • 3. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the ViewFind Properties, please contact us at: ViewFind, Inc. 28 2nd St. Floor 3, San Francisco, CA 94105 (415) 712-4452. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
  • 4. Limitations Period. YOU AND VIEWFIND AGREE THAT ANY CAUSE OF ACTION BETWEEN YOU AND VIEWFIND ARISING OUT OF OR RELATED TO THE TERMS, THE VIEWFIND PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • 5. Dispute Resolution. Please read this Section 14.5 (the “Arbitration Agreement”) carefully. It is part of your contract with ViewFind and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
  • a. Applicability of Arbitration Agreement. All claims and disputes between you and ViewFind (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by ViewFind that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to claims and disputes between you and ViewFind, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. Disputes between users of the Services are not subject to this Arbitration Agreement.
  • b. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to ViewFind should be sent to: ViewFind, Inc., 28 2nd St. Floor 3, San Francisco, CA 94105. After the Notice is received, you and ViewFind may attempt to resolve the claim or dispute informally. If you and ViewFind do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
  • c. Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider (“Arbitration Rules”) shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that ViewFind made to you prior to the initiation of arbitration, ViewFind will pay you the greater of the award or $2,500. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
  • d. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
  • e. Time Limits. If you or ViewFind pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Arbitration Rules for the pertinent claim.
  • f. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and ViewFind, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and ViewFind.
  • g. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and ViewFind in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND VIEWFIND WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  • h. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
  • i. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  • j. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
  • k. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
  • l. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with ViewFind.
  • m. Small Claims Court. Notwithstanding the foregoing, either you or ViewFind may bring an individual action in small claims court.
  • n. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
  • o. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Francisco County, CA, for such purpose.
  • 6. Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
  • 7. Accessing and Download the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: (a) You acknowledge and agree that (i) the Terms are concluded between you and ViewFind only, and not Apple, and (ii) ViewFind, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service, (b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application, (c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between ViewFind and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ViewFind, (d) You and ViewFind acknowledge that, as between ViewFind and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, (e)You and ViewFind acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between ViewFind and Apple, ViewFind, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms, (f) You and ViewFind acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof, and (g) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
  • 8. International Provisions.
  • a. International Users. The ViewFind Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that ViewFind intends to announce such Services or Content in your country. The ViewFind Properties are controlled and offered by ViewFind from its facilities in the United States of America. ViewFind makes no representations that the ViewFind Properties are appropriate or available for use in other locations. Those who access or use the ViewFind Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  • b. International Provisions. The following provisions shall apply only if you are located in the countries listed below.
  • i. United Kingdom. A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
  • ii. Germany. Notwithstanding anything to the contrary in Section 12, the Company is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
  • 9. Export Controls. You may not use, export, import, or transfer the ViewFind Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the ViewFind Properties, and any other applicable laws. In particular, but without limitation, the ViewFind Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the ViewFind Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Company Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by ViewFind are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the ViewFind products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
  • 10. Miscellaneous. Where ViewFind requires that you provide an e-mail address, you are responsible for providing ViewFind with your most current e-mail address. In the event that the last e-mail address you provided to ViewFind is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, ViewFind’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to ViewFind at the following address: ViewFind, Inc. 28 2nd St. Floor 3, San Francisco, CA 94105. Such notice shall be deemed given when received by ViewFind by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without ViewFind’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Terms, and ViewFind’s rights and obligations hereunder, may be freely assigned or otherwise transferred without consent. ViewFind shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
  • © Copyright Viewfind, INC., 2015. All rights reserved.