Effective date: March 1, 2014
EAGLEEYE INTELLIGENCE, together with its subsidiaries and affiliates (collectively, “EAGLEEYE INTELLIGENCE”) provide you access to EAGLEEYE INTELLIGENCE websites (“the Sites”) containing information and data available via your computer and/or a wireless device subject to the terms and conditions set forth below, including all documents, policies and guidelines incorporated therein (the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY. By accessing, browsing, or using any of our Sites, you agree to be bound by the terms and conditions of the Agreement, including all documents, policies and guidelines incorporated by reference. This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with EAGLEEYE INTELLIGENCE.
EAGLEEYE INTELLIGENCE reserves the right to change or modify, at any time without notice, any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Sites and change the date accordingly. Any changes or modifications will be effective upon posting of the new Agreement on the Sites as revised, and your access to and use of the Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised. Therefore, we ask that you periodically check our website for the most up to date information.
Copyright and Authorized Access
All copyrighted and copyrightable materials (“Materials”) on these Sites, including, without limitation, the design, text, graphics, pictures, sound, video files and other files, and the selection and arrangement of Materials, are the property of EAGLEEYE INTELLIGENCE. The foregoing license grant does NOT include the right for you to:
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of EAGLEEYE INTELLIGENCE or any third party. Any unauthorized use of the Sites will terminate the permission or license granted by this Agreement and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
If you use any part of the Sites that requires a username or password, then you are responsible for maintaining the confidentiality of that username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password is compromised in any manner, you should notify EAGLEEYE INTELLIGENCE immediately. EAGLEEYE INTELLIGENCE reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, EAGLEEYE INTELLIGENCE may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall EAGLEEYE INTELLIGENCE be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of EAGLEEYE INTELLIGENCE under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of the Sites will terminate the permission or license granted herein and may violate applicable law, including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Trademarks and Service Marks
The trademarks and service marks displayed on the Sites including GroupCare Technologies™ and SafeTrax™ are registered and unregistered trademarks of EAGLEEYE INTELLIGENCE and may not be copied, imitated or used, in whole or in part, without prior written permission of EAGLEEYE INTELLIGENCE or, if applicable, its licensor. In addition, EAGLEEYE INTELLIGENCE custom graphics, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without prior written permission. GROUPCARE TECHNOLOGIES trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits EAGLEEYE INTELLIGENCE. “EAGLEEYE INTELLIGENCE” the “Graphic Icon” design and all other EAGLEEYE INTELLIGENCE marks and logos, and the EAGLEEYE INTELLIGENCE products and services described on the Sites, are either trademarks, service marks, or registered trademarks of EAGLEEYE INTELLIGENCE or other GROUPCARE TECHNOLOGIES affiliates, and may not be copied, imitated or used, in whole or in part, without the prior written permission. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EAGLEEYE INTELLIGENCE. You may not use any metatags or any other “hidden text” utilizing an EAGLEEYE INTELLIGENCE name, trademark, or product name without EAGLEEYE INTELLIGENCE express written consent.
Third-Party Products and Services
Parties other than EAGLEEYE INTELLIGENCE offer and provide products and services on or through the Sites. Except for EAGLEEYE INTELLIGENCE-branded information, products or services that are specifically identified as being supplied by EAGLEEYE INTELLIGENCE, EAGLEEYE INTELLIGENCE does not operate, control, or endorse any information, products, or services on the Sites, or accessible through the Sites, in any way. Except for EAGLEEYE INTELLIGENCE-identified information and EAGLEEYE INTELLIGENCE -branded products or services, all information, products, and services offered through the Sites or Internet generally are offered by third parties that are not affiliated with EAGLEEYE INTELLIGENCE. EAGLEEYE INTELLIGENCE is not responsible for examining or evaluating, and EAGLEEYE INTELLIGENCE does not warrant the offerings of, any of these businesses or individuals or the content of their websites. EAGLEEYE INTELLIGENCE does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Product and Service Descriptions and Pricing
GROUPCARE TECHNOLOGIES and third parties offering information, products, or services on the Sites attempt to be as accurate as possible. However, EAGLEEYE INTELLIGENCE does not warrant that information, product, and service descriptions or other content of the Sites are accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible, due to computer or other error or cause, that a product or service offered on the Sites may be mispriced or contain an inaccuracy in its description. In the event EAGLEEYE INTELLIGENCE determines that a product or service is mispriced or contains an inaccurate description, EAGLEEYE INTELLIGENCE reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify EAGLEEYE INTELLIGENCE immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by EAGLEEYE INTELLIGENCE.
You may not use an EAGLEEYE INTELLIGENCE or other proprietary graphic or trademark of EAGLEEYE INTELLIGENCE to link to the Sites without the express written permission of EAGLEEYE INTELLIGENCE.
Third-Party Links. EAGLEEYE INTELLIGENCE makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites or services accessible by hyperlink from the Sites, or third-party websites linking to the Sites. Such linked Web sites are not under the control of EAGLEEYE INTELLIGENCE and EAGLEEYE INTELLIGENCE is not responsible for the content of any such linked Web site or any link contained in a linked Web site, or any review, changes or updates to such Web sites. GROUPCARE TECHNOLOGIES is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by EAGLEEYE INTELLIGENCE of the Web site or any information contained therein. When leaving the EAGLEEYE INTELLIGENCE Sites, you should be aware that EAGLEEYE INTELLIGENCE terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.
Any software and all underlying information and technology downloaded from the Sites (collectively the “Software”) by you may be subject to U.S. export controls, and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
“AS IS” AND “AS AVAILABLE” BASIS:
THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND RESPONSIBILITY.
EAGLEEYE INTELLIGENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITES. EAGLEEYE INTELLIGENCE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. EAGLEEYE INTELLIGENCE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE EAGLEEYE INTELLIGENCE ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, EAGLEEYE INTELLIGENCE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER’S REQUIREMENTS.
EAGLEEYE INTELLIGENCE reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by EAGLEEYE INTELLIGENCE.
YOUR RESPONSIBILITY AND RISK:
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Sites or on the Internet generally. You access such materials at your own risk. EAGLEEYE INTELLIGENCE has no control over and accepts no responsibility whatsoever for such materials.
EAGLEEYE INTELLIGENCE reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of service, and/or removal, screening, or editing of posted message, data, information, text or other material (“Content”), self-help and active investigation, litigation and prosecution in any court or appropriate venue. EAGLEEYE INTELLIGENCE may access, use, and disclose transaction information and Content to comply with the law (e.g., a lawful government request); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN EAGLEEYE INTELLIGENCE CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.
Limitation of Liability
IN NO EVENT SHALL EAGLEEYE INTELLIGENCE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, EVEN IF EAGLEEYE INTELLIGENCE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, EAGLEEYE INTELLIGENCE liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless EAGLEEYE INTELLIGENCE, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Sites from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or your violation of any rights of a third party.
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Sites after this Agreement has been terminated. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third-Party Content, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Third-Party Rights, Applicable Law, Venue and Limitation of Actions, Termination, Severability, Enforceability and Admissibility, and Miscellaneous shall survive any termination of this Agreement.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
EAGLEEYE INTELLIGENCE failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. EAGLEEYE INTELLIGENCE may assign its rights and duties under this Agreement to any party at any time without notice to you.
In order to protect EAGLEEYE INTELLIGENCE and its customers from fraudulent activity or “bulk resale scheme”, we may limit the number of devices and services that may be ordered online by a single individual or entity. EAGLEEYE INTELLIGENCE reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.