Veristream Terms of Service
Introduction
The following terms are a legal agreement between you, your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “You” or “Your”), and Veristream, LLC (“Veristream”). By accessing, browsing, or using any Veristream-provided website, (“Website”), You acknowledge that You have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If You do not agree to these terms, You may not use this Website. This Website may contain a variety of resources including, but not limited to, the below-described Documentation, the below-described Software, and Web Service Application Program Interface information (“APIs”), if applicable. Your use of any Documentation, Software, and Web Service APIs is subject to, and specifically conditioned upon, Your acceptance of the following Terms and Conditions (“Terms”). Veristream reserves the right to update the Terms at any time without notice to You. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Software
Veristream grants You a personal non-transferable and non-exclusive right to access and use the hosted software (the “Software”), and associated written and electronic documentation and data (the “Documentation”) furnished by Veristream. The Software made available by Veristream on the Website may be used according to the following terms and conditions: THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUBJECT TO THE FOREGOING, THE SOFTWARE MAY BE FREELY REPRODUCED, DISTRIBUTED, TRANSMITTED, USED, MODIFIED, BUILT UPON, OR OTHERWISE EXPLOITED BY OR ON BEHALF OF VERISTREAM OR ITS AFFILIATES, ANY CUSTOMER OR PARTNER OF VERISTREAM OR ITS AFFILIATES, OR ANY DEVELOPER OF APPLICATIONS THAT INTERFACE WITH THE VERISTREAM SERVICE, FOR ANY PURPOSE RELATED TO USE OF THE SOFTWARE.
Any reproduction or redistribution of the Software is expressly prohibited. You will refrain from taking any steps to reverse assemble, reverse compile or otherwise derive a source code version of the Software. The Software shall at all times remain the sole and exclusive property of Veristream. You shall comply with the terms and conditions set forth herein and shall use Your best efforts to ensure that Your Users that use the Software comply with the terms and conditions set forth herein. In the event that any User breaches the terms and conditions set forth herein, you shall assist Veristream in ensuring the future compliance of such User. For the purpose of these terms and conditions, “Your Users” shall mean Your employees, representatives, tenants, consultants, contractors, agents or such other personnel who have been authorized by You to use the Software.
Documentation
All Documentation contained on or accessed via the Website is the copyrighted work of Veristream. No logo, graphic, or image from the Website may be copied or retransmitted. Use for any other purpose is expressly prohibited. Documentation includes the design or layout of the Website or any other Veristream site.
DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT, DOCUMENTATION, SOFTWARE, AND INFORMATION ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. VERISTREAM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, VERISTREAM MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE OR ANY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN CONTENT, MATERIALS, INFORMATION, OR SOFTWARE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL VERISTREAM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OF, OR ACCESS TO, ANY MATERIALS OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF VERISTREAM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Additional or different terms, conditions, and notices may apply to specific materials, software, and information offered through this Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.
General
The Terms constitute the whole legal agreement between You and Veristream and govern Your use of the Website (but excluding any services which Veristream may provide to You under a separate written agreement), and completely replace any prior agreements between You and Veristream in relation to the Website. You agree that Veristream may provide You with notices, including those regarding changes to the Terms, by email, registered mail, or postings on the Website. You agree that if Veristream does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Veristream has the benefit of under any applicable law), this will not be taken to be a formal waiver of Veristream’s rights and that those rights or remedies will still be available to Veristream.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that all Veristream affiliates shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and Your relationship with Veristream under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and Veristream agree to submit to the exclusive jurisdiction of the courts located within the county of Orange, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, You agree that Veristream shall still be allowed to apply for injunctive remedies in any jurisdiction.
Veristream reserves all rights not expressly granted under these Terms, and no other rights are granted under these Terms by implication or estoppel or otherwise.