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.
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.
THIRD PARTY CONTENT
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.
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).
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
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.
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.
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.
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