EagleView

Terms

EagleView Website Terms of Use

 

Effective Date: September 21, 2017

 

This Website is operated by Eagle View Technologies, Inc. (“EagleView”). Throughout the site, the terms “EagleView,” “we,” “us” and “our” refer to collectively to EagleView and its affiliates, including Pictometry International Corp. EagleView offers the site, including all information, tools and services available from the site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your use of the site constitutes your acceptance of these Terms of Use. If you do not agree to these terms, you must not use our site.

 

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our site.
  • If you purchase goods, services or digital content from our site, separate terms and conditions of supply with apply in respect of such supply.

 

Changes to These Terms of Use

 

EagleView reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the site after any changes to the Terms of Use or other policies means you accept those changes.

 

Accuracy, Completeness and Timeliness of Information on the Site

 

EagleView is not responsible if information made available on the site is not accurate, complete or current. The material on the site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the site is at your own risk. The site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

 

Use of Materials on the Site

 

All content on the site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by EagleView, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to EagleView, is expressly prohibited. You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. EagleView reserves the right to refuse or cancel any person’s registration for the site, remove any person from the site or prohibit any person from using the site for any reason whatsoever. EagleView, its licensors and content providers, retain full and complete title to their respective materials provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in EagleView’s sole discretion. EagleView neither warrants nor represents that your use of materials on the site will not infringe rights of third parties not affiliated with EagleView.

 

You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. EagleView reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which EagleView may be entitled at law or in equity.

 

Materials You Submit

 

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

 

If you do submit material, and unless we indicate otherwise, you grant EagleView and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that EagleView is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to EagleView. You grant EagleView and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information solicited via the site will be handled in accordance with the site’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify EagleView for all claims resulting from content you supply.

 

Conduct on the Site

 

Some features that may be available on the site require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.

 

Some features that may be available on the site require or permit use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you become aware of, or have any reason to believe there has been, any loss, theft or unauthorized use of your password, notify EagleView immediately. EagleView may assume that any communications EagleView receives under your password have been made by you unless EagleView receives notice otherwise.

 

Certain EagleView commercial services may be accessed via the site.  Those commercial services are subject to separate terms of use that, with respect to the applicable commercial service, supersede these Terms of Use to the extent they are inconsistent with these Terms of Use.

 

You and third parties acting on your behalf are not allowed to frame the site or use EagleView’s proprietary marks as meta tags, without EagleView’s written consent. These marks include, but are not limited to, EagleView, Pictometry, the Compass Rose logo and all related names, logos, product and service names, designs and slogans. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without EagleView’s express written consent. Further, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without EagleView’s express written consent.

 

Links

 

The site may contain links to other Websites, some of which are operated by EagleView or its affiliates and others of which are operated by third parties. Such links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. EagleView is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

 

Trademarks and Copyrights

 

Trademarks, logos and service marks displayed on the site are registered and unregistered trademarks of Eagle View Technologies, Inc., its affiliates, licensors, content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. EagleView reserves all rights not expressly granted in and to the site and its content. The site and all of its content including, but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

 

Infringement Notice

 

We respect the intellectual property rights of others and request that you do the same. You are hereby informed that EagleView has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of registered users of the site who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

 

EagleView General Counsel

Telephone: 0-800-069-8405

Email: legal@eagleview.com

 

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

EagleView is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.

 

 

 

 

DISCLAIMERS

 

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. EAGLEVIEW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EAGLEVIEW OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. EAGLEVIEW DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

 

IN CERTAIN JURISDICTIONS THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO ALL OR A PORTION OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

 

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

 

DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF ANY GOODS, SERVICES OR DIGITAL CONTENT TO YOU, WHICH WILL BE SET OUT IN THE RELEVANT TERMS AND CONDITIONS OF SUPPLY RELATING TO SUCH SUPPLY.

 

  • WE EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MAY APPLY TO OUR SITE OR ANY CONTENT ON IT.
  • WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
    • USE OF, OR INABILITY TO USE, OUR SITE; OR
    • USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE.
  • IN PARTICULAR, WE WILL NOT BE LIABLE FOR:
    • LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
    • BUSINESS INTERRUPTION;
    • LOSS OF ANTICIPATED SAVINGS;
    • LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
    • ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

 

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EAGLEVIEW NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR:

  • (i) ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US,
  • (ii) THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE;
  • (iii) EAGLEVIEW’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EAGLEVIEW, ANY OF ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER EAGLEVIEW, INCLUDING ITS AFFILIATES, NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH EAGLEVIEW IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnification

 

You agree to indemnify, defend and hold harmless EagleView, its affiliates, and its and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. EagleView reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with EagleView in the defense of such matter.

 

Governing Law and Jurisdiction

 

If you are a consumer resident in the United Kingdom, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and EagleView both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the State of Washington. We both agree to the exclusive jurisdiction of the federal, state or local courts in King County, Washington.

 

Notwithstanding the foregoing, EagleView may seek a temporary or permanent injunction (or other equitable relief), and file the necessary underlying suit, in any court having jurisdiction over the parties anywhere in the world as necessary to protect EagleView’s intellectual property or other proprietary rights. We recognize that it is possible for you to obtain access to the site from any jurisdiction in the world, but we have no practical ability to prevent such access. The site has been designed to comply with the laws of the State of Washington and of the United States. If any material on the site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for your use, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

 

Entire Agreement and Admissibility

 

Except with respect to EagleView commercial services that may be accessed or ordered via the site that are subject to separate terms of use, as indicated elsewhere, these Terms of Use and any policies and operating rules posted on the site collectively constitute the entire agreement and understanding between you and EagleView with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Severability

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

How to Contact Us

 

If you have any questions or comments about these Terms of Use or the site, please contact us by:

 

Emailing us at:  ukcustomerservice@eagleview.com

Calling us at: 0-800-069-8405 or

Writing us at:

Eagle View Technologies, Inc.

3700 Monte Villa Parkway

Suite 200

Bothell, WA 98021

 

Thank you for visiting our site.

 

[End of Website Terms of Use Version 09-21-17]

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