TERMS OF USE

Last Revised: July 24, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE FROM ANY COMPUTER, MOBILE PHONE, OR OTHER ELECTRONIC DEVICE, YOU CERTIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AS DESCRIBED HEREIN, ALL TERMS INCORPORATED BY REFERENCE, AND ANY OTHER APPLICABLE LAW. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.

Videx, Inc. (“Videx”) reserves the right to change these terms and conditions of use and any terms incorporated by reference (collectively, “Terms of Use”) from time to time without prior notice, effective immediately upon posting to this website (available at www.videx.com, hereafter “Videx Site”). Videx will notify you when these Terms of Use have changed by posting a notice on the Videx Site. You hereby waive any right to receive specific notice of changes to these Terms of Use. Your continued use of the Videx Site shall constitute acceptance to these Terms of Use as modified. Accordingly, we encourage you to frequently review these Terms of Use to ensure you understand the terms and conditions applicable to your use of the Videx Site.

These Terms of Use govern all aspects of your access to and use of the Videx Site, and constitute a binding legal agreement between you, any person or legal entity on whose behalf you are acting, and Videx.

PRIVACY

Please see Videx’s Privacy Policy, incorporated herein by this reference, for information and notices regarding Videx’s collection, use, and disclosure of your personal information.

THIRD PARTY CONTENT

Videx may provide or otherwise allow third party content on the Videx Site and may provide links to websites, applications, products, services, or other content created or operated by third parties (collectively, “Third Party Content”). Videx does not endorse, monitor, verify accuracy, or exercise any control over Third Party Content and websites operated by third parties have separate terms of use and privacy policies. You understand and agree that Videx is not responsible for Third Party Content, or the privacy policies that govern Third Party Content, and assumes no liability for your access to or reliance on Third Party Content. You access Third Party Content at your own risk.

PROPRIETARY INFORMATION

The trademarks, logos, service marks, custom graphics, and trade dress displayed on the Videx Site are trademarks and registered trademarks of Videx and others. iButton is a registered trademark of Maxim Integrated Products, Inc. Except as provided in these Terms of Use or by written permission of Videx, you may not copy, imitate, modify, display, or use the trademarks.

All content provided on the Videx Site (with the sole exception of Third Party Content), including but not limited to information, text, photos, graphics, designs, sounds, music, animations, videos, software, scripts, and all other content (collectively, “Videx Content”) is owned or controlled by Videx or its licensors and is protected by United States and international copyright laws. You understand and agree that all Videx Content is the sole property of Videx and its licensors who shall retain all right, title, and interest in and to it.

LIMITED LICENSE

Subject to your compliance with these Terms of Use, Videx hereby grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and print any Videx Content solely for your informational, personal, and non-commercial use. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any Videx Content or Third Party Content provided on or made available through the Videx Site. You may not modify, publish, retransmit, stream, broadcast, participate in the transfer, sale or resale of, download, copy (other than temporary copies that may be created automatically by your browser), create derivative works of, distribute, perform, or display any Videx Content in any manner, except as expressly permitted in these Terms of Use. You agree not to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Videx Site that is not expressly permitted herein, or otherwise violates these Terms of Use, is strictly prohibited and will terminate this Limited License. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be interpreted as granting any license to intellectual property rights, whether by estoppel, implication, or otherwise. Videx reserves the right to revoke this license at any time and for any reason without prior notice.

USER CONDUCT

By using or accessing the Videx Site, you agree not to do any of the following:

  • Use the Videx Site in any unlawful manner or any manner that could potentially overburden, impair, or disable any aspect of the Videx Site;
  • Use any robot, spider, crawler, or similar data gathering methods to search or extract data other than search tools provided by Videx or generally available third party web browsers;
  • Use automated scripts to interact with or collect information from the Videx Site;
  • Attempt to probe, scan, or test the vulnerability of any Videx system or network;
  • Utilize any Videx trademarks, product names, logos, or other Videx Content in hidden text, meta tags, or other metadata without our written consent;
  • Use frames, framing techniques, or similar methods and technology to enclose, mirror, or otherwise display the Videx Site or any portion of Videx Content without our written consent;
  • Use the Videx Site for any commercial purpose or in any manner not expressly permitted by these Terms of Use;
  • Submit false or misleading information to Videx;
  • Attempt to decipher, decompile, translate, reverse engineer, or otherwise disassemble any software utilized to provide any aspect of the Videx Site;
  • Violate any applicable law or regulation;
  • Encourage, enable, or assist any other individual or entity to do any of the foregoing or otherwise violate these Terms of Use.

Videx will investigate and prosecute any violations of the above User Conduct rules to the full extent of the law, including cooperating with law enforcement authorities in prosecuting such violations. Any use of the Videx Site in violation of the User Conduct rules violates these Terms of Use and may result in termination of your rights to use the Videx Site. While Videx does not have an obligation to monitor your conduct on the Videx Site, Videx reserves the right to monitor user conduct for any reason and at any time without notice. Your use of the Videx Site is at your own risk.

UNSOLICITED IDEA OR INVENTION SUBMISSIONS

Please be advised that Videx does not accept unsolicited ideas from outside sources under any circumstances. We employ an innovative team of engineers, programmers, and product design specialists who are constantly researching new ideas. It is very likely that your idea has already been explored, and may have been implemented in the past, by our company and/or others in the field. While we sincerely value feedback regarding our products and business practices, we will not accept suggestions for new products, advertising, or promotions from anyone outside our company. Accordingly, any unsolicited product information sent to Videx or to its employees will be considered public knowledge, free for use and dissemination by Videx without restriction. You acknowledge and agree that Videx will not treat as confidential your ideas, proposals, designs, products, sketches, or any other information that you may submit or disclose to Videx even if your submission is marked or otherwise identified as confidential. Notwithstanding the foregoing, this section shall not modify, revoke, or otherwise affect the operation or enforceability of any valid non-disclosure agreement or confidentiality agreement to which Videx is a party.

LIMITATION OF LIABILITY

VIDEX SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO, USE OF, OR INABILITY TO USE THE VIDEX SITE, EVEN IF VIDEX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE VIDEX SITE REMAINS WITH YOU AND YOUR SOLE REMEDY AGAINST VIDEX SHALL BE TO DISCONTINUE USE OF THE VIDEX SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VIDEX, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR FROM THE ACCESS TO, USE OF, OR INABILITY TO USE THE VIDEX SITE EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES

THE VIDEX SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING IN ANY WAY, VIDEX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT AVAILABLE ON OR THROUGH THE VIDEX SITE. VIDEX DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE VIDEX SITE. VIDEX DOES NOT REPRESENT OR WARRANT THAT THE VIDEX SITE OR VIDEX CONTENT IS ACCURATE, COMPLETE, RELIABLE, TRUTHFUL, OR ERROR FREE. VIDEX MAKES NO WARRANTY THAT THE VIDEX SITE OR VIDEX CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS-FREE BASIS, OR THAT DEFECTS WILL BE CORRECTED.

INDEMNIFICATION

You agree to defend, indemnify, and hold Videx, its affiliates, suppliers, distributors, and licensors, and the respective officers, directors, employees and agents, harmless from and against any and all claims, demands, proceedings, suits and actions, including any losses, liabilities, expenses, damages, judgments, penalties, fines, expenses (including, without limitation, attorneys’ fees), and costs, arising from or relating in any way to your access to and use of the Videx Site or Videx Content, or your violation of these Terms of Use or any applicable law or regulation.

SEVERABILITY

If any provision in these Terms of Use is held invalid or unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms of Use shall remain in full force and effect.

TERMINATION

Notwithstanding any of these Terms of Use, Videx reserves the right, without prior notice, to terminate any license granted to you by these Terms of Use at any time, with or without cause, and to use any appropriate method to block or prevent your continued access to and use of the Videx Site. These Terms of Use remain in effect even if your access to or use of the Videx Site is blocked or restricted. The Terms of Use relating to Proprietary Information, Indemnification, Disclaimer of Warranties, Limitation of Liability, Miscellaneous, Severability, and any terms that by their nature may survive termination shall survive any such termination.

MISCELLANEOUS

These Terms of Use constitute the entire understanding and agreement between Videx, you, and any person or legal entity on whose behalf you are acting, regarding the access to and use of the Videx Site. Any cause of action you may have with respect to access to or use of the Videx Site must be commenced within one (1) year after the claim or cause of action arises. You understand and agree that this website shall be deemed a passive website based in the State of Oregon, USA, and that the Videx Site is not sufficiently interactive to confer personal jurisdiction over Videx in other jurisdictions. Any failure by Videx to enforce strict performance of any provision in these Terms of Use shall not constitute a wavier of any provision or right. Videx may assign or transfer its rights and duties under these Terms of Use without restriction and without notice to you. Videx may modify, suspend, or discontinue any aspect of the Videx Site, Videx Content, or Third Party Content for any reason and at any time without liability or notice to you. Any such modifications are subject, without limitation, to these Terms of Use.

APPLICABLE LAW AND VENUE

You agree that these Terms of Use, our Privacy Policy, and your use of the Videx Site shall be governed in all aspects by the laws of the State of Oregon, without resort to its conflict of law provisions, regardless of your actual country or state of residence. All disputes, claims, and legal proceedings directly or indirectly arising out of or relating to your access to or use of the Videx Site, these Terms of Use, or our Privacy Policy, shall be decided by the state courts of Oregon or the United States District Court for the District of Oregon. You agree that any such dispute, claim, or legal proceeding shall be filed exclusively in the state or federal courts located in Eugene, Lane County, Oregon, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.

CONTACT

If you have any questions or concerns regarding these Terms of Use, our Privacy Policy, or the Videx Site please use the contact information provided below.

Attn: Legal Department
Videx, Inc.
1105 NE Circle Blvd.
Corvallis, OR 97330