LEGAL

Terms of Use

1. ACCEPTANCE OF VIEWLIFT’S TERMS OF USE

Updated: 02/27/2024

Welcome to ViewLift, Inc. (“ViewLift,” “we,” or “us”). This Terms of Use agreement (“Terms of Use”) describes the terms on which users (“you”) are authorized to use our website, ViewLift.com, including any mobile versions thereof, and the information and content thereon (collectively, the “Services”). This document is a legal contract and, by using the Services, you agree to be bound by it. If you do not agree to these Terms of Use, do not use the Services.

These Terms of Use govern only your use of the Services for informational, non-commercial purposes. If you wish to purchase or access any of our solutions, then you will need to enter into a separate agreement with ViewLift. For further information or to get started as a customer, please send us a message using the “Contact Us” form on our website located at https://viewlift.com/contact/.

2. OUR CHANGES TO THE TERMS OF USE

We may change these Terms of Use at any time, so we encourage you to review the Terms of Use periodically before using the Services. To assist you in reviewing the terms, we will make the most recent version of the Terms of Use available on our website, and we will indicate at the top of the Terms of Use the most recent date when they were modified. If you continue to use the Services after we modify the Terms of Use, your use indicates your agreement to the new Terms of Use. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Terms of Use. If you do not agree to the changes, you should not continue to use the Services.

3. SCOPE OF YOUR LICENSE TO USE THE SERVICES

In exchange for your agreement to these Terms of Use, we grant you a non-transferable, non-exclusive, limited, revocable license to access and make personal, non-commercial use of the Services. These Terms of Use do not authorize you to make use of the Services in any way that is designed to generate revenue, nor does it authorize you to distribute or redistribute any portion of the Services. For the purpose of these Terms of Use, use of the Services is considered revenue generating if a third party is invited or required to pay money to access the Services.

4. CONTACTING US

By subscribing to our newsletter and providing ViewLift with your email address, you consent to our using your email address to send you communications, including via email. Such communications from us may include, but will not be limited to, news concerning ViewLift, industry developments, and ViewLift’s upcoming events.

By submitting your information to us via the “Contact Us” form, you consent to our using your email address and other submitted information to solicit you as a customer. Such solicitations and related communications from us may include, but will not be limited to, information about ViewLift’s solutions and special offers.

YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SERVICES. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.

5. NO SUPPORT OR MAINTENANCE

You acknowledge and agree that ViewLift will have no obligation to provide you with any support or maintenance in connection with the Services.

6. NO USE BY MINORS

The Services are designed to be of interest and service to users ages 18 and older. If you are under 18 years of age, you should not access or use the Services. By accessing or using the Services, you represent that you are at least 18 years of age, and, to the extent required by law, you have the permission of a parent or guardian to access or use the Services.

7. ACCEPTABLE USE POLICY

In exchange for your access to the Services, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Services or that could cause injury to yourself, to us, or to any third party. Without limitation, you agree not to attempt to

  1. 1. license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed through the Services;
  2. 2. access or use the Services in order to build a similar or competitive website, product, or services;
  3. 3. copy, reproduce, distribute, republish, download, display, post, or transmit the Services in any form or by any means;
  4. 4. modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services;
  5. 5. access or use the Services through any manual or automated software, system, devices or other processes, including “robots,” “spiders,” scraper, crawlers, data mining tools, “offline readers”, or the like, to “scrape” or download content from the Services or any web pages contained in the Services (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services);
  6. 6. upload, transmit, distribute, or otherwise introduce viruses or any other computer code, files or programs to or through the Services that are designed to or intended to interrupt, damage, destroy or limit the functionality of any computer system or data;
  7. 7. damage, disable, overburden, impair, or attempt to gain unauthorized access to the Services or our servers, computer network, or user accounts;
  8. 8. collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by ViewLift; distribute “spam”; advertise or solicit others to purchase any product or service within the Services or otherwise use the Services for any commercial or solicitation purposes;
  9. 9. act in a deceptive manner by, among other things, impersonating any person; misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or
  10. 10. harm or exploit minors; use any information obtained from the Services in order to harass, abuse, or harm another person; or take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.

Further, ViewLift has the right, in its sole determination, to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice or liability for any reason, including if in ViewLift’s sole determination you violate any provision of these Terms of Use, or for no reason. We also reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include reporting you to law enforcement authorities or terminating license to access and use the Services without prior notice to you.

Upon termination, you continue to be bound by these Terms of Use in accordance with Section 14 (Term and Termination). If ViewLift purposefully terminates your access to the Services (and/or these Terms of Use with you), you may not continue to use or attempt to use the Services. ViewLift has the right to block your email address and Internet protocol address to prevent further use of the Services or communications between you and us. If we purposefully terminate your access to the Services (and/or these Terms of Use), any information that you submitted to us may no longer be available. We are not responsible for the loss of your information.

8. OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION

For information about ViewLift’s policies and practices regarding the collection and use of your personally identifiable information, please read ViewLift’s Privacy Policy (“Privacy Policy”). The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that the Privacy Policy governs your use of the Services in effect at the time of your use.

9. OUR INTELLECTUAL PROPERTY RIGHTS

The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The Services are protected by copyright as a collective work under the copyright laws of the United States and other countries. Except as otherwise specified in these Terms of Use, all individual videos, articles, and other elements comprising the Services are also copyrighted works. All copyright rights in the Services and these works are owned by ViewLift or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws, and are provided for your informational and non- commercial purposes only. You must abide by all additional copyright notices or restrictions contained on the Services.

You may not copy, modify, publish, transmit, redistribute, retransmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content made available on or through the Services, in whole or in part, except as otherwise permitted by ViewLift.

All rights in the product names, company names, trade names, logos, product packaging, and designs of all ViewLift or third-party products or services, whether or not appearing in large print or with the trademark symbol (collectively, the “Marks”), belong exclusively to ViewLift or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these Marks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of ViewLift or any third party to make use of the Marks.

10. LINKED WEBSITES

As a convenience to users, through our Services, we provide links to third-party content, websites or services (“Third-Party Links”). We do not review, approve, monitor, endorse, sponsor, control, warrant, or otherwise accept responsibility with respect to Third-Party Links.

You should be aware that Third-Party Links are not covered by these Terms of Use, and we therefore cannot be responsible for the content or practices of any such third-party website, even if it links to the ViewLift site or even if the website is operated by a company affiliated or otherwise connected with ViewLift. You use all Third-Party Links at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third party.

11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. VIEWLIFT AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “VIEWLIFT PARTIES”) DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED BY VIEWLIFT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Specifically, and without limiting the generality of the foregoing:

  1. (1) You understand that the Services are provided purely for your informational purposes, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Services, for any reason, including costs incurred while using the Services, the inaccessibility of the Services, or the costs associated with any claims you bring or try to bring against us.
  2. (2) We do not guarantee that we will continue to provide the Services, that the Services will be available at any particular time or from any particular place, or that they will continue to function in the manner that they currently function. You agree that we will not have liability to you or to others for these changes to the Services.
  3. (3) You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Services or become aware of your identity through the use of the Services, and you understand that, while such behavior is a violation of these Terms of Use, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the Services.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE VIEWLIFT PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF VIEWLIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

THE DISCLAIMERS AND LIMITATIONS OF LIABILITY HEREIN APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE VIEWLIFT PARTIES ARE NOT LIABLE FOR THE ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, FOR ACCESSING THE SERVICES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

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.

13. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE VIEWLIFT PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS OF DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (I) YOUR USE OF AND ACCESS TO THE SERVICES; (II) YOUR VIOLATION OF THESE TERMS OF USE; OR (III) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR YOUR ACCESS TO THE SERVICES.

14. TERM AND TERMINATION

Subject to this Section, these Terms of Use will remain in full force and effect while you use the Services. We may suspend or terminate these Terms of Use or your access to the Services at any time and for any reason, including for any use of the Services in violation of these Terms of Use. ViewLift will not have any liability whatsoever to you for any termination of your rights under these Terms of Use. In addition, you may request that we terminate your access to the Services by emailing us at legal@viewlift.com.

Provisions of these Terms of Use intended to survive termination, including, without limitation, Sections 11 to 13 included above, will survive any such termination.

15. SECURITY

We have implemented what we believe are the appropriate technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk.

16. OPERATED FROM THE UNITED STATES

The Services are controlled and operated from its facilities in the United States. ViewLift makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.

17. MISCELLANEOUS

GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be fully performed therein (without regard to its conflict of laws provisions). Any claim or dispute between you and ViewLift that arises in whole or in part from the Services will be decided exclusively by a court of competent jurisdiction located in New York, New York unless submitted to arbitration as set forth in the following paragraph.

ARBITRATION. For any claim (excluding claims for injunctive or other equitable relief) under these Terms of Use, the party requesting relief may elect to resolve the dispute through binding non- appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution (“ADR”) provider in New York, New York mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties and all such personal appearances will take place in New York, New York unless otherwise agreed to by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, A COURT OR ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY AGREEING TO THESE TERMS OF USE, YOU AND VIEWLIFT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

ASSIGNMENT. You may not assign your rights under these Terms of Use to any third party; we may assign our rights under these Terms of Use without condition.

ENTIRE AGREEMENT. These Terms of Use constitute the entire agreement between you and us regarding the use of the Services and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.

ELECTRONIC COMMUNICATIONS. The communications between you and ViewLift use electronic means, whether you use the Services or send us emails, or whether ViewLift posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from ViewLift in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ViewLift provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

SEVERABILITY. The parties agree that each provision of these Terms of Use shall be construed as separable and divisible from every other provision and that the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision hereof.

NO WAIVER. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

NECESSARY HARDWARE, SOFTWARE & INTERNET. You are responsible for any costs you incur to access the Services, including all hardware and software costs and internet fees.

FEEDBACK. You further agree that ViewLift and its affiliates are free to use for any purpose whatsoever ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback or content that you share with us in connection with the Services or ViewLift’s other offerings (“Feedback”), whether oral, written or otherwise. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that ViewLift has no duties to you, with respect to such Feedback.