Terms & Conditions For Companies
Terms of Service
Purpose
French Company LLC, (“we”, “us”,
“our”, etc.) owns and operates the goeview.com web site (our “Site”), on which
we provide a service that enables customers (each a “Customer”, or “you,”
“your,” etc.) to perform field photo and data collection on mobile devices and
to store Subscriber Content (as that term is defined below). The service may
also include installation and operation of one or more downloadable software
applications from us intended for integrated use therewith (with the Site, such
service, and such software applications collectively and individually being
referred to as the “Service”). Your use of our Service is subject to the terms
and conditions set forth in these Terms of Service (these “Terms” or the “Terms
of Service”). These Terms govern your use of the Service whether or not you are
a registered user.
These Terms constitute a legally
binding agreement by and between you and us. By accessing and using the
Service, you accept these Terms and agree to the provisions, terms, conditions,
and notices contained or referenced herein whether or not you become a
registered user. You also consent to the processing and storage of Subscriber
Content and acknowledge that we are simply a data processor, as that term is
generally defined.
Your access to and use of our
Services is conditioned on your acceptance of and compliance with these Terms.
By accessing or using the Services you agree to be bound by these Terms. If you
do not agree with these terms, do not use the service. We acknowledge that each
Customer may authorize multiple Members (as defined below) to use the Service
under that Customer’s particular Account (as defined below). Access to or use
of the Service by you shall cause these Terms and Conditions to be binding upon
yourself, the primary Account holder to your respective Account, and all
Members under such Account.
Rights Granted
On the condition that you comply
with all your obligations under the Terms we grant to each Customer a limited,
royalty-free, non-exclusive, non-transferable, terminable right and license to
use the Service, which includes downloading, installing, and operating the
mobile software application components, all in accordance herewith and with
such instructions and documentation as we may post on the Site or otherwise
promulgate from time to time. This license is for the sole purpose of using the
Service for its intended purpose as outlined in the Terms. You may not copy,
modify, adapt, distribute, sell, lease, or reverse engineer any part of our
Service or software.
We reserve the right to make
changes to these Terms at any time without notice to you by posting the changed
Terms on the Site or by otherwise making them available to you with reasonable
prominence. All changes shall be effective immediately thereupon. Please check
these Terms periodically for changes. Your continued use of the Services after
the posting of changes constitutes your binding acceptance of such changes. We
may change the features and functions of the Service, including the API
(defined below), over time. It is your responsibility to ensure that calls or
requests made to the Service are compatible with the current API. We will make
reasonable attempts to avoid changes to our APIs that are not backwards
compatible, and we will make reasonable efforts to notify you of any changes to
that effect prior to implementation if they become necessary.
Using goeView
To use the Service, you must
register for a goeView account (the “Account”). You are solely responsible for
any and all activity under your Account.
Your account supports the
addition of other users (“Members”) to collaborate and share Subscriber
Content. Each Member within your goeView account may use the Service on his or
her own mobile device. Each user must be assigned to a separate Member account.
Sharing of Member accounts between multiple individuals is not permitted.
Unacceptable Use
You agree to use our Service
responsibly, with good judgment, and in a manner conforming at minimum to
prevailing standards for internet etiquette, and you are solely responsible for
all acts that occur under your Account. For example and without limitation,
while using the Service you agree not to: (i) violate any applicable law or
regulation; (ii) infringe the rights of any third party, including without
limitation, intellectual property, privacy, and contractual rights; (iii) use
information obtained through our Service for any unauthorized, improper, or
illegal purpose; (iv) interfere with or damage our Service, including without limitation
through the use of viruses, bots, Trojan horses, harmful code, flood pings,
denial of service attacks, packet or IP spoofing, forged routing, forged
electronic mail address information, means to reproduce or circumvent the
navigational structure or presentation of the Service or its content, or
similar methods or technology; (v) use our Service (1) to collect, transmit,
distribute, post, or submit any unauthorized personal information concerning
any person (including without limitation photographs, personal contact
information, or numbers of credit, debit, or calling cards or accounts) without
their proper consent or (2) to track an individual; (vi) use our Service in
connection with the distribution of unsolicited commercial email (“Spam”) or advertisements;
(vii) stalk or harass any person; (viii) collect any information about any
other user other than as customarily arises in the course of permitted use of
our Service; (ix) remove any copyright, trademark, or other proprietary right
notices or legends contained in the Service; (x) modify, adapt, sublicense,
translate, sell, reverse engineer, decipher, decompile, or otherwise
disassemble any portion of the Service or our Site or any software used on or
for the Service; (xi) use the Service to collect information about or from
minors without proper consent, or (xii) assist or facilitate any third party in
doing any of the foregoing. In order to protect the integrity of the Service,
we reserve the right at any time in our sole discretion to block users on
certain IP addresses from accessing our Site.
Subscriber Content
For purposes of these Terms of
Service, “Subscriber Content” shall mean photos and data entered into the
goeView application by you or your Member users.
By entering, submitting, or uploading
any Subscriber Content, you acknowledge, agree, represent, and warrant to us
that: (i) the Subscriber Content has been collected in compliance with all
applicable laws, regulations, and policies; (ii) the Subscriber Content does
not contain any confidential or proprietary information that you do not have
authority to submit; (iii) you have the right to submit such Subscriber Content
for storage and use or have received all necessary consents and approvals; (iv)
you will use the Subscriber Content in compliance with all applicable laws,
regulations, and policies; (v) your use of the Subscriber Content does not
infringe or violate the rights of any third party; and (vi) you are not
entitled to any kind of compensation or reimbursement of any kind from us for
your Subscriber Content. You grant us the right to delete, remove or disable
any Subscriber Content that we determine does not comply with these Terms of
Service.
Unless otherwise specified in any
other document executed between you and us pertaining to specific content, you
will continue to own all Subscriber Content you enter, submit, or upload. You
grant us a royalty-free, worldwide, non-terminable, assignable, right and
license to use, copy, and make derivative works of, your Subscriber Content for
the sole purpose of operating the Service.
Subscriber Content of third
parties and other information entered, submitted, or uploaded through the
Service by third parties are the property of their respective authors and
should not necessarily be relied upon by you for any purpose. We do not
guarantee the accuracy or completeness of any Subscriber Content on the Service
nor do we monitor Subscriber Content for accuracy. We take no responsibility
and assume no liability for any Subscriber Content that you or any other user
posts or sends over the Site.
Publicity
We’re happy to have you as a
valued customer. You hereby grant us a worldwide, non-exclusive, royalty-free,
non-transferable license to use your trademarks, service marks, and logos for
the purpose of identifying you as a goeView customer in order to promote
goeView services. If you prefer we not use your name or logo in a particular
way, please contact support@goeview.com and we will respect your decision.
Username and Password
Upon registering for an account
with a valid email address, used as your username and select a password. You
are solely responsible for maintaining the confidentiality of your username and
password, and you will not share this information with others. You will ensure
that all Members within your account comply with these Terms. In the event of a
breach of your account or password, you agree to notify us immediately of any
unauthorized use and to comply with our reasonable instructions. We will not be
liable for any loss or damage arising from your refusal or failure to comply
with this section of the Terms.
API Usage (future developed
feature)
When you are using the goeView
application programming interface (API), requests you make to the API are
authenticated using your account’s unique API key. Just as with your password,
you are responsible for maintaining the confidentiality and usage of your API
key. You are solely responsible for all usage of the Service under your
account, authorized or unauthorized, including any usage of your API key.
We may from time to time audit
your use of the goeView API to ensure compliance with these terms.
We take data security very
seriously and will vigorously pursue all actual or threatened security
breaches. Please report any security concerns to support@goeview.com.
Registration and Payments
As a registered Service user, you
may participate in some, but not all, of the features and services available
within the Service. Some of the Services require payment. By subscribing to the
Services that require payment, you agree to be charged on a recurring basis for
subscription fees in advance of our providing such Services to you. The
subscription fee is billed on the first day of each billing period, unless or
until you cancel your subscription. Fees are payable in advance as billed and
are non-refundable unless otherwise stated. We do not give pro-rated refunds
for unused time if you cancel during the middle of a billing cycle.
We are not responsible for any
additional bank fees, interest charges, finance charges, overdraft charges, or
other fees resulting from charges billed by goeView. Currency exchange
settlements will be based on agreements between you and the provider of your
credit card.
We reserve the right to modify
our fees, but will notify you in advance of increases.
Proprietary Rights
The Subscriber Content and
materials available on our Site are protected by our or third parties’ rights
of publicity, copyright, trademarks, service marks, patents, trade secrets, and
other proprietary rights and laws. Unless you have been given express written
permission, you may not sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit,
or create derivative works of any such materials or Subscriber Content
available on our Site. Notwithstanding the above, you may use the Subscriber
Content and materials on our Site for its intended purpose through the ordinary
course and scope of our Service and in compliance with the Terms of Service.
You may not use of any of our
trademarks in any manner, including as metatags on other web sites. You may not
display any of our Site in a frame unless done through a supported, built-in
feature of the Service (or any of our Subscriber Content via in-line links)
without our express written permission, which may be requested by contacting us. You may, however, establish ordinary links to the homepage and
other sections of our Site without our written permission.
If the Customer is the U.S.
Government or an agency or department therefore (collectively “Government”),
the Service is provided with RESTRICTED RIGHTS; use, duplication, or disclosure
by the Government is subject to restrictions as set forth in subparagraphs
(c)(1) and (2) of the Commercial Computer Software Restricted Rights clause at
48 C.F.R. 52.227-19.
Third-Party Websites
We may provide links to
third-party websites on the Site, and some of the Subscriber Content is
supplied by third parties. We have no responsibility or accountability for
these third-party websites or the Subscriber Content they enter, submit, or
upload. A link to another website or service is not an endorsement of that
website or service or the information it provides. Your use of any of the
information on this Site is at your own risk.
Account Suspension or Cancellation
In our sole discretion, we may
terminate your access to our Service for any reason or no reason, including
without limitation your breach of these Terms. If your account is terminated,
your access to our Service may be affected without prior notice. We may immediately
deactivate or delete any of your accounts and all related information and files
in such accounts, and bar any further access to such files or our Service. We
may refund unused prepaid fees, but are not obligated to. You agree that we
will not be liable to you or any third party for any loss or damages of any
kind resulting from any termination of your access to our Service. To
voluntarily terminate your access to the Service at any time via our Site,
simply follow the directions provided on the Site. If for some reason you
cannot sign in, you may terminate your account by sending us written or email
notice of termination to support@goeview.com.
Upon discontinuation or
termination, you will no longer have access to your Subscriber Content. We
shall, however, retain a non-terminable, royalty-free, assignable worldwide
license to use the Subscriber Content.
Security
All systems used to process and
store Subscriber Content will adhere to commercially reasonable security
standards. We may process and store Subscriber Content with a third party in
the United States or any other country in which such third parties maintain
facilities.
Privacy
Use of the Service is also
governed by our Privacy Policy located here. By using
this Service, you agree to abide by the terms of the goeView Privacy Policy.
Customer Service
We may, but are not obligated to,
provide assistance and guidance respecting our Service through our
representatives. When communicating with our representatives, you may not be
abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave
inappropriately. If we feel that your behavior towards any of our
representatives is at any time threatening or offensive, we reserve the right
to immediately terminate your access to our Service. We offer premium support
options for additional cost to provide guarantees and priority response. You
must execute a separate support contract with us to receive premium support.
Representations and Warranties
You hereby represent and warrant
to us that: (a) you have the complete right, ability, and authority to enter
into and perform under these Terms; and (b) your use of our Service will not
violate any of these Terms.
Disclaimers
Acknowledgement
IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR
SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) OUR SERVICE WILL MEET YOUR
REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (C) ANY Subscriber Content THAT YOU MAY OBTAIN ON OUR SERVICE WILL
BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET
YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY
TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS,
COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL
PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR
COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER
PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING
MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE. UNDER
NO CIRCUMSTANCES WILL WE, OR ANY OF OUR AFFILIATES, OR DISTRIBUTION PARTNERS,
BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH,
RESULTING FROM ANYONE’S USE OF THE SITE OR THE SERVICE.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR
WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR
INABILITY TO USE OUR SERVICE; (B) THE COST OF REPLACEMENT OF ANY Subscriber
Content STORED OR MANAGED USING OUR SERVICE; (C) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR Subscriber Content; (D) STATEMENTS, CONDUCT, OR OMISSIONS OF
ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE; OR (E) ANY OTHER
MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING
UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR
REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR
OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS
SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR
SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD
PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE OR
THESE TERMS EXCEED THE AMOUNT, IF ANY, THAT YOU HAVE PAID TO US IN CONNECTION
HEREWITH DURING THE THEN IMMEDIATELY PRECEDING 60 DAYS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT
APPLY TO YOU.
Indemnification
You agree to defend, indemnify,
and hold harmless us, our subsidiaries, parents, affiliates, and each of our
and their directors, officers, managers, members, partners agents, and
employees from and against each and every claim, demand, action, damage, loss,
cost or expense, including without limitation reasonable attorneys’ fees,
incurred in connection with any suit or proceeding brought against us arising
out of your use of our Service or alleging facts or circumstances that could
constitute a breach by you of any provision of these Terms or any of the
representations and warranties set forth above. If you are obligated to
indemnify us, we will have the right in our sole and unfettered discretion to
control any action or proceeding and determine whether we wish to settle it,
and if so, on what terms.
We agree to defend, indemnify,
and hold harmless Customer and its Members from and against each and every
third party claim, demand, action, damage, loss, cost or expense, including
without limitation reasonable attorneys’ fees, incurred in connection with any
suit or proceeding brought against you arising out of any claim that the
Service infringes any third party U.S. copyright.
Digital Millennium Copyright Act
Compliance
If you are a copyright owner or
an agent thereof, and believe that any user submission or other content
infringes upon your copyrights, you may submit a notification pursuant to the
Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with
all of the following information in writing (see 17 U.S.C § 512(c)(3) for
further detail):
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works on the Service are covered by a
single notification, a representative list of such works from us;
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 us
to locate the material;
Information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address;
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 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.
Additional Terms
These Terms shall be interpreted
in accordance with the laws of the State of Ohio without reference to conflict
of law principles. These Terms contain the entire understanding of the parties
regarding their subject matter, and supersede all prior and contemporaneous
agreements and understandings between the parties regarding their subject
matter. No failure or delay by a party in exercising any right, power or
privilege under these Terms shall operate as a waiver thereof. The invalidity
or unenforceability of any of these Terms shall not affect the validity or
enforceability of any other of these Terms, all of which shall remain in full
force and effect. You may not transfer any of your rights under these Terms of
Service to any other person. The provisions stated above are for the sole
benefit of the parties hereto, and confer no rights, benefits or claims upon
any person or entity not a party hereto.
All disputes arising out of or relating to these Terms or your use of our Service will be exclusively resolved in state or federal court located in Cleveland, OH. Each party hereby irrevocably submits to the personal jurisdiction of such courts.
Privacy Policy
This privacy policy applies to all information gathered by
French Company LLC, dba goeView.com, (“we,” “us,” “our,” etc.) from users
(“you,” “your,” etc.) of our service and the related website and software
(collectively, our “Service”).
Purpose and effect
Your use of our Service is voluntary. We must obtain personal
information about you in order to provide you with certain features of the
Service. By using our Service or requesting that we provide the Service to you,
you are agreeing to disclose certain of your personal information to us and you
are authorizing us to use and disclose your personal information pursuant to
the provisions of this privacy policy.
Your personal information
We may request that you enter into our Service certain personal
information about yourself, including some or all of your: (i) first name and
last name; (ii) email address; (iii) mailing address; (iv) telephone numbers;
(v) organization information; and (vi) credit card information.
Credit card information is used solely for billing purposes, and
is encrypted and transmitted securely via HTTPS to Stripe (our billing
provider) for processing. More information on Stripe security is available here. Your credit card information is never stored on the Service’s
systems anywhere.
We may also record information about your use of our Service,
such as your local internet address, your click history, the times and dates at
which you access our Service, the particular portions of the Service you use,
and the details of transactions you conduct using the Service.
Your personal information remains your property at all times,
subject to the permissive uses granted hereunder.
How we use information that is not
personally identifiable
We analyze traffic to the site in various ways, including using
Google Analytics. By visiting the Site or using the Service, you are agreeing
to the terms of the Google Privacy Policy that apply to Google Analytics. We
are not responsible for any changes made to the Google Privacy Policy or of
advising you of such changes. We use this information to generate statistics
and to measure activity to improve the Service. We reserve the right to change
analytical service providers at any time without notice.
We do collect IP addresses of devices accessing our services in
our server logs, as well as information like internet domains, the date and
time of a visit, and the pages accessed on the Service. This information is
used solely for diagnostic and analytical purposes in order to improve the
Service.
As you browse goeview.com, cookies can be placed on your
computer so that we can understand what you are interested in. Our display
advertising partners, AdRoll and Google[TB1] , then enable us to present you with retargeting advertising on
other sites based on your previous interaction. The techniques our partners
employ do not collect personal information such as your name, email address,
postal address, or telephone number. You can visit this page to opt out of AdRoll’s and their partners’ targeted
advertising.
Cookies
We use cookies to make interactions with the Service easy and
useful. When you visit the Service, our servers send a cookie to your computer.
Standing alone, cookies do not personally identify you; they merely recognize
your web browser. Unless you choose to identify yourself by opening an account,
or filling out a form, you remain anonymous to us. Most browsers support
optionally disabling cookies, but certain portions of the Service may no longer
work as intended, and this is not supported by our Service.
Opt-out procedure
To opt-out of all further contact initiated by us, and to
forestall our further use or disclosure of your personal information, email us any time. Opting out of all communication in this manner means
that you must discontinue all use of the Service.
Contact
If you have any questions about our privacy policy, please
contact us at privacy@goeview.com.