Last Updated: June 15, 2017
These terms of service (the “Agreement”) constitute a legally binding agreement between you (“You” or “User”) and SuperVision®, a service of Explore Information Services, LLC (“SuperVision”, “us”, “we” or “our”), governing your use of our websites and the SuperVision application (collectively the “Sites”). You must read and agree to this Agreement before using the Sites, and if you do not agree with them, you may not use the Sites.
If you or the account holder you are acting on behalf of is already a subscriber to SuperVision (an “Existing Customer”), this Agreement will amend, modify and supplement any SuperVision Subscription Agreement of the Existing Customer. You represent and warrant that you are an authorized representative of the Existing Customer and you have the authority to agree to this Agreement on behalf of you and the Existing Customer. Once agreed to, this Agreement will have force and effect on the Existing Customer’s SuperVision Subscription Agreement.
By accessing or using the Sites, you for yourself and any Existing Customer you represent, signify that you have read, understood and agree to be bound by this Agreement and to the collection and use of your information as set forth in the {SuperVision Privacy Policy}, which is part of this Agreement.
LAWS AND REGULATIONS
Access to and use of the Sites is subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Sites in any way that violates such laws or regulations.
INTELLECTUAL PROPERTY
All intellectual property rights in the Sites shall be owned by SuperVision absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All intellectual property of SuperVision, or its licensors, is protected by copyright, trademark, and other intellectual property laws. All other trademarks, logos, service marks, company or product names set forth in the Sites are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of SuperVision, and SuperVision shall be entitled to the unrestricted use and dissemination of the Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through the Sites for commercial or public purposes. Users may not use the trademarks, logos and service marks (Marks) for any purpose including, but not limited to use as hot links or meta tags in other pages or Sites on the World Wide Web without the written permission of SuperVision or such third party that may own the Mark. Nothing contained on these Sites shall be construed as conferring on you or any third party any license or right, by implication, estoppels or otherwise, under any law, rule or regulation.
SuperVision respects the intellectual property of others. If you believe in good faith that any materials on the Sites infringe upon your copyrights please send the following information to SuperVision’s Copyright Agent at [email protected], (1) a description of the copyrighted work that you claim has been infringed, including specific location on the Sites where the material you claim is infringed is located; (2) a description of the location where the original or an authorized copy of the copyrighted work exists; (3) your address, telephone number, and e-mail address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
TAMPERING
User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in SuperVision’s Sites. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Sites.
THIRD PARTY INFORMATION
Although SuperVision monitors the information on the Sites, some of the information is supplied by independent third parties. While SuperVision makes every effort to ensure the accuracy of all information on the Sites, SuperVision makes no warranty as to the accuracy of any such information.
LINKS TO THIRD PARTY SITES
The Sites may contain links that will let you access other websites or applications that are not under the control of SuperVision. The links are only provided as a convenience and SuperVision does not endorse any of these Sites. SuperVision assumes no responsibility or liability for any material that may be accessed on other Web Sites reached through the Sites, nor does SuperVision make any representation regarding the quality of any product or service contained at any such Sites.
LINKS FROM THIRD PARTY SITES
SuperVision prohibits unauthorized links to the Sites and the framing of any information contained on the Sites or any portion of the Sites. SuperVision reserves the right to disable any unauthorized links or frames. SuperVision has no responsibility or liability for any material on other websites or applications that may contain links to the Sites.
NO WARRANTIES AND DISCLAIMERS
THE SITES, THE INTERACTIVE AREAS AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED OR STATUTORY. SuperVision EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SuperVision DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: 1) ANY ERRORS IN OR OMISSIONS FROM THE SITES, THE INTERACTIVE AREAS AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; 2) THIRD PARTY COMMUNICATIONS; 3) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; 4) THE UNAVAILABILITY OF THESE SITES, THE INTERACTIVE AREAS, THE CONTENT OR ANY PORTION THEREOF; 5) YOUR USE OF THESE SITES, THE INTERACTIVE AREAS OR THE CONTENT; OR 6) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THESE SITES, THE INTERACTIVE AREAS OR THE CONTENT.
We do not warrant that your use of the Sites will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error free, or will meet your requirements, and any defects will be corrected, that the Sites are free from viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Sites.
We advise you to use the Sites with a data plan with unlimited or very high data usage limits, and SuperVision shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Sites.
LIMITATION OF LIABILITY
IN NO EVENT WILL SuperVision, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR SHAREHOLDERS (COLLECTIVELY “SuperVision” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SuperVision PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SuperVision PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PRIVACY
Protecting the privacy of our clients and users of our Sites is important to SuperVision. The {SuperVision Privacy Policy} describes how we use and protect information you provide to us.
SECURITY
Data transmitted to and from SuperVision Sites is encrypted for the user’s protection. However, the security of information transmitted through the Internet can never be guaranteed. SuperVision is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of SuperVision Sites. In order to protect you and your data, SuperVision may suspend your use of the Sites, without notice, pending an investigation, if any breach of security is suspected.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure area of the Sites is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
JURISDICTION/GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to the Sites and the subject matter contained herein shall be maintained in the courts of the state of Minnesota or the federal district courts sitting in Minnesota, which courts shall have exclusive jurisdiction for such purpose.
MODIFICATIONS TO AGREEMENT
SuperVision reserves the right to change this Agreement and its terms at any time. In the event SuperVision modified the terms and conditions of this Agreement, such modifications shall be binding on you. Continued use of this Sites after any changes constitutes your consent to such changes.