Terms of Use

Terms Of Use

Effective March 7, 2016

 

This Terms of Use is a legal agreement between you and Interfocus Technologies, Inc., a California corporation (“Interfocus”).  Interfocus websites, including www.interfocustechnologies.com, are comprised of various web pages operated by Interfocus (collectively, the “Site”). Access and use of the Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

EACH TIME YOU USE OR ACCESS THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE LEGALLY BOUND BY THEM.  IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TERMS OF USE, DO NOT USE OR ACCESS THE SITE.  YOUR CONTINUED ACCESS AND USE OF THE SITE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS OF USE, AS THEY MAY BE AMENDED FROM TIME TO TIME.

INTERFOCUS RESERVES THE RIGHT TO AMEND THESE TERMS OF USE.

PRIVACY

Interfocus’ current Site privacy policy is located at https://interfocustechnologies.com/privacy/ (the “Privacy Policy”) and is incorporated into these Terms of Use. For inquiries with regard to the Privacy Policy, or to report a privacy-related problem, please contact general@interfocustechnologies.com.

LINKS TO THIRD PARTY SITES

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Interfocus and Interfocus is not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. Interfocus is not responsible for webcasting or any other form of transmission received from any Linked Site. Interfocus is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Interfocus of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition to your use of the Site, you warrant to Interfocus that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the 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 Site.

TERMINATION/ACCESS RESTRICTION

Interfocus reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, partner portals, open forums, communities, blogs, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Interfocus has no obligation to monitor the Communication Services. However, Interfocus reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Interfocus reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Interfocus reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Interfocus’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Interfocus does not control or endorse the content, messages or information found in any Communication Service and, therefore, Interfocus specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Interfocus spokespersons, and their views do not necessarily reflect those of Interfocus.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO INTERFOCUS OR POSTED AT ANY SITE

Please note that any information you post to a Communication Service is available to all persons accessing that location, and your email address and other personal information or content you upload may also be posted on the Communication Services. The information you share, including your email address, would then be available to all persons accessing the Communication Services, and such information may be read, collected or used by others for any purpose, including sending you unsolicited messages. We are not responsible for any information you elect to submit in or to the Communication Services or the use of such information.

Use of Your Content and Feedback

Interfocus does not claim ownership of any information, data, documents, images, photographs, graphics, audio, video or webcasts that you upload, post, email, transmit or otherwise make available through your use of the Site, via our services, or on the Communication Services (“Your Content”). However, you grant Interfocus a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content (in whole or in part) and to incorporate Your Content into other materials or works in any format or medium now known or later developed.

By submitting ideas, suggestions, comments, posts or proposals (“Feedback”) and Your Content to Interfocus through its suggestion, feedback, or similar web pages, including the Communication Services, you acknowledge and agree that (i) neither the Feedback nor Your Content contains your or third party confidential or proprietary information; (ii) Interfocus is not under any obligation of confidentiality, express or implied, with respect to the Feedback or Your Content; (iii) Interfocus, in its discretion, shall be entitled to use and disclose such Feedback and Your Content for any purpose, in any way, in any media worldwide; (iv) Interfocus may have something similar to the Feedback or Your Content already under consideration or in development; (v) the Feedback automatically becomes Interfocus’ property without any obligation to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Interfocus for the Feedback or Your Content under any circumstances.

You agree that Interfocus may derive revenue and/or other remuneration from Your Content or the Feedback that you make available via our website, including the Communication Services, without payment to you.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INTERFOCUS AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE 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.

INTERFOCUS AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE 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. INTERFOCUS AND/OR ITS LICENSORS 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 INTERFOCUS AND/OR ITS LICENSORS 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 SITE, WITH THE DELAY OR INABILITY TO USE THE 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 SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INTERFOCUS OR ANY OF ITS LICENSORS 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 SITE, OR WITH THESE TERMS OF USE OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Binding Arbitration and Class Action Waiver

You and Interfocus agree to arbitrate all disputes between you and Interfocus or its affiliates relating to your use of the Site or otherwise arising from these Terms of Use or the Privacy Policy, except disputes relating to the enforcement of Interfocus or its affiliates’ intellectual property rights.  You and Interfocus empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use or the Privacy Policy or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.  All disputes shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.  Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes.  For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Arbitration will take place in Santa Clara, California, and you and Interfocus agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.  Neither you nor Interfocus will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Privacy Policy or the Site or services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Santa Clara, California, U.S.A. and you consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating such action.

GENERAL

To the maximum extent permitted by law, these Terms of Use and the Privacy Policy are governed by the laws of the State of California, U.S.A. Use of the 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 Interfocus as a result of this agreement or use of the Site. Interfocus’ performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Interfocus’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Interfocus with respect to such use. If any part of these Terms of Use 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 these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between the user and Interfocus with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Interfocus with respect to the Site. A printed version of these Terms of Use and the Privacy Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or the Privacy Policy to the same extent and 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 these Terms of Use and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

The Site is our copyrighted property or the copyrighted property of our licensors or licensees, and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Site are owned by us or our licensors. Any rights not expressly granted herein are reserved.

SERVICE CONTACT

If you have any questions regarding these Terms of Use or the Site, please contact us at general@interfocustechnologies.com or at Interfocus Technologies, Inc., 900 E. Hamilton Ave., Suite 100, Campbell, CA 95008.

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