WEBSITE TERMS OF SERVICE
This site is operated by Realsight LLC ("Realsight"). These Terms of Service contain important information that governs our Site. Please read them carefully. Realsight provides the Realsight Site and related services (together referred to as the "Site") subject to your compliance with these Terms of Service ("TOS"). By using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be so bound, please exit the Site now.
Your sole recourse for dissatisfaction with the Site, or any products, services, content, or information available on or through the Site, is to stop using the Site and/or those particular services. Realsight reserves the right to amend the TOS from time to time by updating this page. Your continued use of the Site will indicate your acceptance of the revised TOS. Please bookmark this page and review it periodically for updates, to ensure that you are familiar with the most current version of our TOS.
Realsight may have certain members, subsidiaries, affiliated companies, suppliers, partners, sponsors, advertisers and other parties involved in creating, producing, and/or delivering the Site and/or its contents. These affiliated persons and entities will be included in the scope of "Realsight" throughout these TOS.
1. Intellectual Property Information
© 2008 Realsight LLC. All Rights Reserved. All material within the Site, including documents available in a designated client area, is the property of Realsight. With the exception of a single, personal copy, you may not reprint, republish, resell, or redistribute these materials in any form or manner without the express written permission of the owner(s) of the material. Realsight does not warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties.
"Realsight" is a service mark of Realsight. All other trademarks are trademarks or registered trademarks of their respective owners. It is illegal to use any trademark, service mark, logo, and/or trade name of Realsight without express permission.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials hosted by Realsight infringe upon your copyright, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Realsight a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. Notices and counter-notices for the Site should be sent to: copyright@realsight.net. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there can be substantial penalties for false claims.
2. Information and Resources on the Site
While Realsight works hard to include accurate and up-to-date information in the Site, Realsight: (a) makes no warranties or representations as to the completeness, accuracy, currency, or availability of anything available (or intended to be available) on or through the Site; and (b) assumes no liability or responsibility for any errors or omissions in the content of the Site (regardless of the cause) or for any resulting damages. If you do become aware of an error, please contact us. Content available through the Site may represent the opinions and judgments of a content provider, member, or other entity not connected directly with Realsight. Realsight neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Realsight spokesperson acting in his/her official capacity. Under no circumstances will Realsight be liable for any loss or damage caused by your reliance on information obtained on or through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available on or through the Site. We strongly suggest you consult your own professional advisor(s) before relying on any advice or information you obtain on or through the Site. Your use of the Site is at your own risk.
Without limiting the foregoing, everything available on or through the Site is provided to you "AS IS," without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Any warranty that is provided in connection with any products, services, materials, or information available on or through the Site from a third party is provided solely by such third party, and not by Realsight.
3. Third Party Sites
Portions of the Site include links to sites operated by third parties (i.e., sites not owned or operated by Realsight). Use of third party sites is at your own risk. Realsight makes no warranty of any kind in connection with any third party site or any information, products, services, or materials available on or through any third party site. Realsight does not endorse, and shall not be liable in connection with, any information or services available on or through any third party site. Third party sites may have their own agreements or policies governing use of their sites.
4. Visitor Conduct
You represent and warrant that your use of the Site will comply with any and all applicable local, state, and federal laws and regulations, and you are solely responsible for ensuring that your use of the Site is in compliance with such applicable laws or regulations. You agree not to restrict or inhibit any other user from using and enjoying the Site.
You further represent that you will not:
- Post, store, or transmit any unlawful, confidential, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Realsight) information or material, or any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- Post or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purposes;
- Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
- Use the Site to post, store, or transmit materials in violation of another party's privacy or its copyright or other intellectual property rights; or
- Use the Site for any unlawful purposes; or modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile, or disassemble any portion of the Site.
You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party's rights. Realsight may from time to time monitor or review public Site discussions, chats, postings, transmissions, bulletin boards, and the like. However, Realsight is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations.
5. Interfering (or attempting to interfere) with the Operation of the Site
You represent and warrant that you will not interfere or attempt to interfere with the operation of the Site. This includes, without limitation: (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access or an attempt to gain unauthorized access can subject you to civil and criminal penalties.
Subject to Realsight's Privacy Policy, any communication or material you transmit to the Site or to Realsight, whether by electronic mail or otherwise, for any reason, will be treated as non-confidential and non-proprietary. Realsight may use anything (together with any ideas, concepts, know-how, or techniques contained therein) that you transmit or post to the Site or to Realsight in any manner, for any purpose, without credit or compensation. Without limiting the generality of the forgoing, any information posted to the Site or ideas or suggestions for improving the Site (collectively, "Content") will be deemed to include a perpetual, irrevocable, royalty-free, nonexclusive right and license for Realsight to adopt, publish, translate, reproduce, distribute, redistribute, transmit, perform, digitize, copy, use, create derivative works, display (in whole or part) worldwide, or act on such Content without additional approval or consideration, in any form, media or technology now known or later developed for the full term of any rights that may exist in such Content, and you hereby waive any claim to the contrary.
6. Personal Information
You may be asked to supply certain personal information to use certain parts of the Site. Realsight will treat all personal information as described in our Privacy Policy. All personal information that you provide must be accurate, complete, and current. Please note that while we request that the entities with which we do business observe the guidelines of our Privacy Policy, we cannot be responsible for what they do with personal information that you provide.
7. Further Terms
Realsight may at any time, without prior notice: (a) cancel any user registration or account, or deny or limit any user's access to all or portions of the Site; (b) change or eliminate any component of the Site; and (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof.
Realsight may at any time, without prior notice: change or eliminate any component of the Site; or impose, remove, or change any fees or charges for use of the Site or any feature thereof. Although Realsight attempts to ensure the listing of accurate and up-to-date prices, offers, and other information, we will not be responsible for typographical or other errors, regardless of their cause.
Realsight shall not be liable for any direct, incidental, consequential, indirect, or punitive damages, whether under any contract, negligence, strict liability, or other theory, arising out of or in connection with: (a) your access to, or use of, the Site; (b) any products, services, information, activities, and/or materials available on or through the Site; (c) any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy found in or through the Site, regardless of its origin; (d) any breaches of security involving the Site or your account, or any lack of availability or operational problem of the Site; or (e) any viruses or other code that may affect your computer equipment or other property as a result of your use of the Site.
You agree to indemnify, defend, and hold harmless Realsight, its officers, directors, members, affiliates, employees, and agents from and against any and all claims, damages, costs, or other expenses that arise directly or indirectly from: (a) your breach of this Agreement, (b) your activities in connection with the Site, or (c) any other matter for which you are responsible hereunder or under law. Nothing contained in these TOS shall be construed to limit the actions or remedies available to Realsight with respect to any prohibited activity or conduct. Non-enforcement of any of these TOS does not constitute consent or waiver, and Realsight reserves the right to enforce such term at its sole discretion.
You are solely responsible for maintaining the confidentiality of your account information and any password(s), and must immediately notify Realsight of any unauthorized use of your account.
8. Miscellaneous
These TOS shall be governed by the laws of the State of Connecticut exclusive of its choice of law rules. Any action to be brought in connection with these TOS or the Site shall be brought exclusively in the state or federal courts located in the State of Connecticut, United States of America, and you irrevocably consent to the jurisdiction of such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any provision of these TOS is held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these TOS otherwise in full force and effect.
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