Effective: July 1, 2019
By visiting the Site, you affirm that you have read and accept all of the following terms and conditions, which may be updated from time to time without notice to you. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Site and (iii) that your use of the Site is in compliance with any and all applicable laws and regulations.
Your continued use of this Site after changes to the Terms have been published constitutes your binding acceptance of the updated Terms. If at any time the Terms are no longer acceptable to you, you should immediately cease all use of this Site.
If you are an individual acting on behalf of a corporation or other legal entity, you represent that you have authority to agree to these Terms on behalf of the legal entity. If you do not agree to these Terms, then you may not access or use the Site or any materials, documentation, information or software published or otherwise made available on the Site (“Content”).
By posting or publishing your content, suggestions, information, data, or comments (“Content”) to this Website, you are granting IT Eagle Eye a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You will retain ownership of your Content, however, any use of your Content by IT Eagle Eye may be without any compensation paid to you.
By posting and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
Ownership and Intellectual Property
You acknowledge that IT Eagle Eye or its licensors own the copyright and all other intellectual property rights to this Site and all Content provided on this Site, unless otherwise expressly indicated. All Content and other content on this Site is protected by U.S. and international copyright, trademark and other laws. All rights are reserved by IT Eagle Eye (or its licensors, if applicable), and you agree not to copy, reproduce, download, disseminate, publish, or transfer Content in any form or by any means, except with IT Eagle Eye’s prior written permission or as permitted in a separate written agreement or, in the case of Software, as permitted in an applicable License Agreement. Any unauthorized use is strictly prohibited.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate any such laws or regulations. Any attempt by any person to deliberately damage this Site is a violation of criminal and civil laws. IT Eagle Eye reserves the right to seek damages from any such person to the fullest extent permitted by law.
When accessing or using this Site or posting articles, comments or other content, you agree to the following rules/restrictions and acknowledge that violation of any of them constitutes grounds for immediate termination of your access to all or any portion of the Site without further notice, in our sole and absolute discretion:
- You will not engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, misleading, inaccurate or incomplete, or misrepresenting your affiliation with any person or entity.
- You will not use the Site in any manner that may be considered objectionable, such as by using the Site to upload, post, display, or otherwise transmit any Materials or other Content that is false, unlawful, harmful, threatening, abusive, harassing, defamatory, derogatory, obscene, pornographic, libelous, invasive of another’s privacy or public rights, gives rise to civil or criminal liability or otherwise violates any applicable law.
- You will not violate or attempt to violate the security of the Site, use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or take any action that imposes an unreasonable or disproportionately large load on IT Eagle Eye’s infrastructure. Violations of this sort will be prosecuted to the fullest extent of state and federal laws.
- You will not use or launch any automated device, process or system, including “robots,” “spiders,” “offline readers,” or other mechanisms, that (i) accesses the Site in a manner that sends more request messages to IT Eagle Eye servers in a given period of time than can reasonably be produced by an individual in the same period using a conventional on-line web browser, or (ii) seeks to retrieve, index, “data mine,” or otherwise access Content.
- You will not harvest, collect, or use information about Site visitors.
- You will not engage in any activity that restricts or inhibits any other user from using or enjoying the Site or any Content, whether by “hacking,” “cracking,” “spoofing,” or defacing any portions of the Site.
- You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and will not use the Site for unlawful purposes.
- You will not post, upload, email, link to, or otherwise transmit any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Site or impair others’ ability to enjoy the Site, or the proper functioning of any software, hardware, equipment or materials used in connection with the Site.
- You will not post or transmit through this Site any advertising or commercial solicitations; promotional materials relating to Site or online services which are competitive with IT Eagle Eye and/or this Site; political campaign materials; chain letters; mass mailings, or spam mail.
- You will not infringe, misappropriate, or otherwise violate any existing local, national or international copyright, trademark, service mark, trade name, patent, right of publicity or privacy, or other intellectual property or proprietary rights of any person or entity whatsoever.
- To the extent that IT Eagle Eye requires a password to access any product or service, or any portion of the Site, you agree (i) to provide IT Eagle Eye with accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; and (iii) comply with these Terms. Failure to provide accurate information constitutes a breach of the Terms, which may result in immediate termination of your right to access this Site. Furthermore, you agree that you will not (i) give your password to anyone, (ii) use the Site as the agent of a third party, (iii) allow any third party to use your account, (iv) sell or transfer your use of or access to this Site or permit anyone else whose account was suspended or terminated to use this Site through your user name or password, or (v) select a user name that impersonates someone else, is intended to disguise the user’s identity, is or may be illegal, may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. IT Eagle Eye reserves the right to reject any user name in IT Eagle Eye’s sole discretion. If any security breach or unauthorized use of your account occurs, you will notify IT Eagle Eye immediately in writing or via email. IT Eagle Eye will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
- You will use the Site and its Contents solely for your personal, noncommercial use.
- You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including any Content, for any public and/or commercial use without the prior written permission of IT Eagle Eye.
IT Eagle Eye has the right, but not the obligation, to monitor the Content of this Site, to determine compliance with these Terms and any other operating rules established by IT Eagle Eye. IT Eagle Eye has the right in our sole discretion to edit, refuse to post or remove any Material or other Content submitted to or posted on this Site that we find, in our sole discretion, to be in violation of these Terms or otherwise inappropriate, offensive, objectionable or contrary to any IT Eagle Eye policy. You are solely responsible for any Content you post, transmit or otherwise make available on this Site. You acknowledge and agree that IT Eagle Eye does not have any liability for any action or inaction with respect to any conduct, communication or posting on this Site.
THE WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE IT EAGLE EYE AND ITS AFFILIATES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITE. AS SUCH, YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. IT EAGLE EYE MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY IT EAGLE EYE AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
Limitation of Liability
IN NO EVENT WILL IT EAGLE EYE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT IT EAGLE EYE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree that you will be responsible for your use of the Website, and you agree to defend, indemnify, and hold harmless IT Eagle Eye and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, “IT Eagle Eye”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Website; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
It Eagle Eye may revise these Terms at any time without notice to you. The revised Termswill be effective when posted. Your continued access to or use of the Site after changes to the Terms have been published constitutes your binding acceptance of the updated. If at any time the Terms are no longer acceptable to you, you should immediately cease all use of the Site and all Content. In addition, in our sole discretion, we may provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on our Site.
Any use of the term “include” or “including” shall mean “include without limitation” and “including without limitation,” respectively. You will not assign or sublicense these Terms or any of your rights or obligations hereunder, without the express written consent of IT Eagle Eye, which may be withheld in its sole and absolute discretion. Subject to the foregoing, these Terms will inure to the benefit of, and will be binding upon, the parties, their respective successors and permitted assigns. If any provision of these Terms is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of these Terms will not be affected. Such provision will be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, the provision will then be enforceable and enforced. The waiver or failure of any party to exercise rights under these Terms will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and signed by the party to be charged therewith. These Terms and the referenced policies contain the entire agreement between you and IT Eagle Eye regarding use of the Site.