Terms

AGREEMENT BETWEEN USER AND EagleView

The EagleView Web Site is comprised of various Web pages operated by EagleView.

The EagleView Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the EagleView Web Site constitutes your agreement to all such terms, conditions, and notices.

If you download any EagleView application or software from the Apple App Store, or other download sites, you agree that the terms and conditions from that site will apply, and are hereby incorporated by reference.

MODIFICATION OF THESE TERMS OF USE

EagleView reserves the right to change the terms, conditions, and notices under which the EagleView Web Site is offered, including but not limited to the charges associated with the use of the EagleView Web Site.

LINKS TO THIRD PARTY SITES

The EagleView Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of EagleView and EagleView is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EagleView is not responsible for webcasting or any other form of transmission received from any Linked Site. EagleView is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EagleView of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the EagleView Web Site, you warrant to EagleView that you will not use the EagleView Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EagleView Web Site in any manner which could damage, disable, overburden, or impair the EagleView Web Site or interfere with any other party's use and enjoyment of the EagleView Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EagleView Web Sites.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EagleView WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EagleView AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EagleView WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE EagleView WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

EagleView AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE EagleView WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EagleView AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EagleView AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EagleView WEB SITE, WITH THE DELAY OR INABILITY TO USE THE EagleView WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EagleView WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EagleView WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EagleView OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EagleView WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EagleView WEB SITE.

SERVICE CONTACT: customerservice@eagleview.com

TERMINATION/ACCESS RESTRICTION

EagleView reserves the right, in its sole discretion, to terminate your access to the EagleView Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the EagleView Web Site. Use of the EagleView Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EagleView as a result of this agreement or use of the EagleView Web Site. EagleView's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EagleView's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EagleView Web Site or information provided to or gathered by EagleView with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EagleView with respect to the EagleView Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EagleView with respect to the EagleView Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Terms and Conditions for EagleView Reports

Acknowledgements: You acknowledge that the Copyrighted Materials are copyrighted and belong to EagleView Technologies, and the receipt and sufficiency of good and valuable consideration for being bound by this Copyright Notice and Terms and Conditions.

Limited License: EagleView Technologies hereby grants to you a non-exclusive, non-transferable license to use the Copyrighted Materials accompanying this Copyright Notice, subject to the following restrictions: You agree to use the Copyrighted Materials for internal use only, and not to reproduce or redistribute the Copyrighted Materials outside of your company. Accordingly, you may copy the Copyrighted Materials only as necessary for your internal use to (i) view on your company’s computers, (ii) save a single copy on your company’s computer hard drive or disk, (iii) print it, and (iv) transfer it to a portable computer device, provided that you do not remove any copyright notices that appear and do not modify the Copyrighted Materials in any way. You may not otherwise reproduce, copy, modify, transfer or distribute the Copyrighted Materials in any form, for any purpose.

No Warranty: The Copyrighted Materials are provided to you "as is," and you agree to use it at your own risk. EagleView Technologies makes no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from the Copyrighted Materials.

Disclaimer of Liability: EagleView Technologies (including its licensees, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives) shall not be liable to you in respect to any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the Copyrighted Materials, or for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of your use or inability to use the Copyrighted Materials, any defect or error in the Copyrighted Materials, or any breach of the Copyright Notice or Terms and Conditions, whether in an action in contract or tort or based on a warranty. In the event of an error in this report, your sole remedy will be a refund of the fees paid by you to obtain this report.

Indemnity: You agree to indemnify, defend and hold EagleView Technologies (including its licensees, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives) free and harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, arising out of or in connection with any use or possession by you of the Copyrighted Materials.

Entire Agreement: The Copyright Notice and Terms and Conditions constitute the entire agreement between EagleView Technologies and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter. Governing Law: The above Copyright Notice and Terms and Conditions shall be governed by the laws of the State of Washington and laws of the United States. You agree to submit to the jurisdiction of the State of Washington for any and all disputes, claims and actions arising from or in connection with the Copyrighted Materials provided to you hereunder, or arising from or in connection with the Copyright Notice and Terms and Conditions.

Termination: Your limited license to use the Copyrighted Materials will terminate automatically without notice from EagleView Technologies if you fail to comply with any provision of this Copyright Notice and Terms and Conditions. Upon termination of the Limited License, you shall destroy all electronic copies and destroy or return any written copies of the Copyrighted Materials, including all copies and modified copies made thereof, if any.

Binding Effect: This Copyright Notice and Terms and Conditions shall be binding on you and your agents, parents, subsidiaries, related companies, affiliates, successors, assigns, and each of their respective officers, directors, employees, shareholders, agents and representatives, and all others acting by, through, or with their direction or in privity with each of them.

EagleView Technologies Report: Reproduction or Redistribution of this report and of any EagleView Technologies’ reports and Materials (hereinafter “Copyrighted Materials”) beyond what is expressly granted in these Terms and Conditions is strictly prohibited. Ownership of these documents and data remains with EagleView Technologies and a license to use these documents and data is provided to the Requestor subject to the following Terms and Conditions. By placing an order for this report and receiving the report, you agree to the following Terms and Conditions. If you do not agree to these Terms and Conditions, you may not make use of this report and must delete all files that contain this report and destroy all paper copies.

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. 10900 NE 4th St Suite 800 Bellevue, WA 98004-5873 Thank you for visiting our site.