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FIRST INSIGHT CORPORATION
Service Agreement and Site Terms
Carefully read this Service Agreement/Site Terms. To continue, click the "I Agree" button at the bottom of the page
Site Terms
Welcome to First Insight Corporation's website (Site). These site terms (Site Terms) apply to your access to and use of the Site, so please read them carefully. They do not alter in any way the terms or conditions of any other written or online agreement you may have with First Insight Corp. (First Insight). First Insight reserves the right to change or modify any terms and conditions of these Site Terms or any policy or guideline of the Site at any time and in its sole discretion.
Any changes or modification to the Site Terms will be effective upon posting, and your use of the Site following such posting will constitute your acceptance. By accessing, browsing, and using this site, you agree to be bound by the terms and conditions described herein and all policies and guidelines incorporated herein by reference. If you do not agree to these site terms, do not access, browse or otherwise use this site. If you have any questions regarding your access to or use of the Site, please first refer to the Frequently Asked Questions. Questions or comments about the Site should be directed to support@paradEyes.com.
Privacy Policy
First Insight strongly believes in protecting the information collected on this Site from unauthorized disclosure to third parties, and in providing you with notice of what type of information First Insight collects on this Site and how such information is used. Therefore, First Insight has adopted a Privacy Policy to which you should refer to fully understand how First Insight uses and collects information.
While accessing or using this Site, you may not engage in any activities prohibited by First Insight, which include, among other prohibitions and restrictions set forth in these Site Terms and without limitation: (a) any unauthorized resale or commercial use of the Site or content therein; (b) the collection, placement or use of any product or service listings or descriptions of this Site on any other website or publication for commercial use; (c) making unauthorized derivative uses of the Site and its contents; or (d) the use of any data mining, robots, or similar data gathering and extraction methods. Except as expressly provided for in these Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of First Insight or any third party. You may not frame or use framing techniques to enclose any First Insight trademark, logo or other proprietary information (or products of First Insight's) (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without First Insight's express written or the layout/design of any page or form contained on a page) without First Insight's express written consent. Further, you may not use any meta-tags or any other "hidden text" utilizing a First Insight name, trademark, or product name without First Insight's express written consent. Any unauthorized use of this Site will terminate any permission or license granted by these Site Terms regarding access and use of the Site, and may violate applicable law. All violators will be prosecuted to the fullest extent of the law.
First Insight, the First Insight logo, all page headers, custom graphics, button icons, scripts, the products and services described in this Site, and all other trademarks, registered trademarks, product names and First Insight names or logos mentioned herein are either trademarks, service marks and/or trade dress of First Insight, its licensors or third party suppliers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of First Insight or their respective owners. All other trademarks appearing in this Site are the property of the companies they represent. All copyrighted and copyrightable materials on this Site, including, without limitation, the First Insight logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright ©2005 First Insight Corporation, its licensors or third party suppliers.
Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of First Insight or the respective copyright owner. Permission is granted to display, copy, distribute and download one copy of the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of First Insight or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials. First Insight respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide written notice to First Insight's copyright agent at the following address:
First Insight Corp
6723 NE Bennett St.
Suite 200,
Hillsboro, OR 97124
800-920-1940
support@paradEyes.com
Binding Agreement
THE USE OF PARADEYES.COM IS GOVERNED BY AND SUBJECT TO THE SERVICE AGREEMENT. The User is automatically and irrevocably deemed to accept the terms and conditions herein, unamended, effective as of this date. ParadEyes.com is provided on a nonexclusive, non-transferable and non-assignable basis to each User and this Agreement binds the parties and their respective successors, as the case may be. THE USER IS EXPRESSLY PROHIBITED FROM RESELLING THE SERVICE OR ANY PART OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE WEBSITE ADDRESS. If you do not agree, please do not accept this agreement and refrain from using this website
Third Party Products, Services and Information
This Site includes third party content,
including without limitation third party products, services, information, and links to third
party websites (collectively, "Third Party Content"). By using this Site, you acknowledge and
agree that First Insight is only providing you with access to such Third Party Content via the
Site, and, except for providing you with such access, First Insight does not create, manufacture,
produce, sell, offer for sale, modify, alter, change or have any control over or responsibility
for such Third Party Content. First Insight makes no warranties or representations regarding any
of the Third Party Content on this Site, and the availability of any Third Party Content on this
Site does not constitute First Insight's recommendation, endorsement or other affiliation between
First Insight and such Third Party Content or third party. First Insight takes no responsibility
and assumes no liability for any Third Party Content selected to be received by you from a third
party, or for any delivery, fulfillment, defects, inaccuracies, mistakes, defamation, slander,
libel, omissions, falsehoods, legality, decency or any other aspect of such Third Party Content.
By accessing and using this Site, you disclaim and waive any and all claims against First Insight
arising from or relating to your selection, ordering or use of such Third Party Content.
Selecting Third Party Content
Your right to order or receive any Third Party Content, and the specific terms and conditions under which the third party is willing to provide you such Third Party Content, is governed by the particular policies of the third party. When you order any Third Party Content or access a third party's Web site to select or order any products, services or information, you should carefully review the third party's policies regarding its provision of such products, services or information.
Enforcement
First Insight has the right, but not the obligation, to monitor any activity, information or content associated with its Site. First Insight may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of information or content. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect First Insight's systems and customers, or to ensure the integrity and operation of First Insight's business and systems, First Insight may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (e.g., name, e-mail address), IP addressing and traffic information, usage history, and content. First Insight's right to disclose any such information shall govern over any terms of First Insight's Privacy Policy.
This Site may include or provide links to discussion forums and interactive support areas. These forums and interactive areas shall be used only for authorized purposes. By using the forums or interactive areas, you agree not to do any of the following: Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and Without First Insight's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. First Insight takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, First Insight is only a forum and is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.
Responsibility for Your Conduct
You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless First Insight from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to First Insight, or postings on this Site, are non-confidential (subject to First Insight's Privacy Policy) and shall become the sole property of First Insight. First Insight shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to First Insight, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials.
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray First Insight, its licensors or third party suppliers, or any of their products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a First Insight logo or other proprietary graphic or trademark of First Insight to link to this Site without the express written permission of First Insight. This limited right may be revoked at any time.
First Insight makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Site, or Web sites linking to this Site. The linked Web sites are not under the control of First Insight and First Insight is not responsible for the content of any linked Web site or any link contained in a linked Web site, or any review, changes or updates to such Web sites. First Insight is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by First Insight of the Web site or any information, products or services contained therein. When leaving the First Insight Site, you should be aware that First Insight's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Site.
As Is Basis
This site and the products, services, content and other materials contained therein are provided on an "as is" basis without warranties of any kind, either express or implied. You expressly agree that use of this site, including all products, services, third party content, data or other material or content distributed by, downloaded or accessed from or through this site, is at your sole risk.
Warranty Disclaimer
First insight disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, content, services and products on the site. First insight does not represent or warrant that materials in this site are accurate, complete, reliable, current, or error-free. First insight is not responsible for typographical errors or omissions relating to pricing, text, or photography. While first insight attempts to ensure your access and use of the site is safe, first insight cannot and does not represent or warrant that this site or its server(s) are free of viruses or other harmful components. First Insight reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by First Insight.
IN NO EVENT SHALL FIRST INSIGHT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FIRST INSIGHT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF FIRST INSIGHT'S SITE EXCEED THE LESSOR OF THE COMPENSATION YOU PAID FIRST INSIGHT FOR ACCESS TO OR USE OF THIS SITE OR $50.00.
You agree to indemnify, defend and hold First Insight harmless from and against any claims, actions, lawsuits, damages, proceedings or other liability ("Liabilities") arising from or in connection with your use of the Site in violation of these Site Terms, including without limitation your violation of the Limitation on Site Access provisions, the Copyright and Trademark provisions, the Third-Party Content provisions, and the Linking provisions set forth above. Notwithstanding any of these terms and conditions, First Insight reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Any refusal or failure of First Insight to enforce any provision of these Site Terms against a person or entity in violation of or violating a provision shall not under any circumstances constitute consent to such violation, a waiver of the provision or a waiver of First Insight's right to enforce the provision against any person or entity violating such provision at any time upon discovery of the violation or anytime thereafter.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Oregon applicable to agreements made and entirely to be performed within the State of Oregon without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in State or Federal Court located in Portland, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
