terms of use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND NEW BI US, LLC (“VizExplorer”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE VizExplorer WEBSITE LOCATED AT www.VizExplorer.com (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. VizExplorer MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. VizExplorer CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions

VizExplorer provides content through this Site. Certain information and documents provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are provided to you by VizExplorer and are the copyrighted and/or trademarked work of VizExplorer or VizExplorer’s contributors.

VizExplorer grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make copies of the Materials, solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as expressly provided for in this Agreement, no rights or implied licenses are granted to you in the copyrights, trademarks, logos, service marks or other intellectual property of VizExplorer or third parties by virtue of this Agreement or use of the Site.

Privacy Policy

Your use of this Site is governed by the VizExplorer Privacy Policy, which is available at VizExplorer Privacy Policy (the “Privacy Policy”). By accepting the Terms you are also agreeing to the VizExplorer Privacy Policy.

Third Party Content

Certain information and other content may be provided by third party licensors and suppliers to VizExplorer (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to display the Third Party Content only on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

Links to Third Party Sites

As partial consideration for using the Site, you understand that VizExplorer may display advertisements and provide links to third party content and websites over which VizExplorer has no control. VizExplorer has no responsibility for any content, advertising or products from any third party service providers, including, without limitation, any content considered harmful, objectionable, inappropriate or offensive, and does not endorse or guarantee the availability of any third party services. You agree that VizExplorer shall not be liable for damage of any sort incurred as the result of your dealings with advertisers or your use of any third party goods or services.

Unauthorized Activities

Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold VizExplorer and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) VizExplorer or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person claiming to be you violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights

VizExplorer is a trademark of VizExplorer. Other graphics, logos, buttons, images, icons and marks used in connection with this Site, are trademarks or trade dress of BIS². Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including without limitation documents, site design, text, graphics, logos, buttons, audio, video, charts, graphs, data compilations images and icons, as well as the arrangement thereof, are the sole property of VizExplorer. Copyright 2008 – 2014 VizExplorer. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

Disclaimer of Warranties

Your use of this Site is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by VizExplorer and they may include inaccuracies and typographical and/or other errors. VizExplorer does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. VizExplorer has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by VizExplorer or our licensors. It is your responsibility to independently investigate the accuracy and completeness, of the Materials and/or Third Party Content on this Site. The Materials and the Third Party Content may be used as guidance only but should not be used as a substitute for professional advice.

VizExplorer, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Limitation of Liability

VizExplorer SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, OR THIRD PARTY CONTENT FROM THIS SITE, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM. IN NO EVENT SHALL BIS² BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF VizExplorer KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. CERTAIN COUNTRIES AND STATES DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Local Laws; Export Control

VizExplorer controls and operates this Site from the United States of America and the Materials, and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws as well as the export control laws of the United States.

General

If you violate these Terms, VizExplorer may terminate and/or suspend your access to this Site without notice. VizExplorer prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by VizExplorer may result in immediate termination of your access to this Site. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California or, if VizExplorer is the plaintiff, in any court of competent jurisdiction. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. VizExplorer’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and VizExplorer and supersede all prior or contemporaneous negotiations, discussions or agreements between you and VizExplorer about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities provided by you, limitations of liability and general provisions shall survive any termination of these Terms.