Terms of Use
The Longview Solutions website (this "Site") is offered to you, the user of this Site, conditioned on your acceptance of the terms, conditions and notices (these "Terms of Use") contained herein.
Overview:
Please read these Terms of Use carefully. By using this Site, you agree to these Terms of Use, and you agree to consent to the collection and use of information as described in our Privacy Policy. If you do not agree to these Terms of Use, please exit this Site immediately and discontinue any use of information, products or materials from this Site.
1. Use and Restrictions
This Site is solely for your personal and non-commercial use in accordance with all applicable laws and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, materials, software, products or services obtained from this Site. Other than for your use of this Site as expressly permitted in these Terms of Use, you may not access or attempt to access any systems or servers on which this Site is hosted or modify or alter this Site in any way. The content available through this Site, and any information, questions, suggestions or submissions provided by you through this Site, are the sole property of Longview Solutions or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Longview Solutions-owned content received through this Site may be downloaded, displayed and printed for your personal, non-commercial use only, provided that you must keep intact all copyright, trademark and other proprietary notices on the materials. Content owned by Longview Solutions' licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone, including, but not limited to, others in the same company or organization without Longview Solutions' express prior written consent.
2. Copyright
The entire content of this Site, as well as the selection and arrangement thereof, is copyrighted, unless otherwise noted, and may not be used except in accordance with these Terms of Use or with Longview Solutions' express written consent. Other than as necessary for your use of this Site in accordance with these Terms of Use, Longview Solutions grants no other privileges or rights in the content of this Site to you.
3. Trademark
All trademarks, service marks, and trade names (collectively the "marks") that appear on this Site are proprietary to Longview Solutions, or other respective owners. You may not display or reproduce the marks other than with the prior written consent of Longview Solutions, and you may not remove or otherwise modify any trademark notices from any information, products, materials or services received through this Site.
4. Modifications
Longview Solutions reserves the right, at any time and without notice, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates. Longview Solutions may also, directly or indirectly, make improvements and/or changes in this Site or any portion thereof at any time without notice to you.
5. Privacy
Longview Solutions respects your privacy. Please refer to Longview Solutions' Privacy Policy for information on your rights and responsibilities with respect to information disclosed to or collected by Longview Solutions.
6. Links to Third Party Websites
This Site may contain links to websites operated by third parties other than Longview Solutions. Such links are provided for your reference only. Longview Solutions does not control such websites, and is not responsible for the contents of these websites. Longview Solutions' inclusion of links to such websites does not imply any endorsement of the material on such websites. If you decide to access any such third party websites, you do so entirely at your own risk.
7. Warranties and Disclaimer
ALL INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LONGVIEW SOLUTIONS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, LONGVIEW SOLUTIONS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. AS A CONDITION OF YOUR USE OF THIS SITE, YOU WARRANT TO LONGVIEW SOLUTIONS THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.
8. Limitation of Liability
LONGVIEW SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT LONGVIEW SOLUTIONS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify, defend and hold harmless Longview Solutions, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.
10. Dispute Resolution
If any controversy, dispute or claim arising out of or related to your use of this Site arises, the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, Longview Solutions will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of Longview Solutions' marks, copyrights, patents, trade secrets or other intellectual property (collectively, the "Intellectual Property") or any act or omission by you that may impair the goodwill associated with the Intellectual Property.
11. Governing Law
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated in connection with this Site must and will be venued exclusively in Philadelphia, Pennsylvania, USA. This Terms of Use and the relationship between you and Longview Solutions will be governed by the laws of the Commonwealth of Pennsylvania, USA, without giving effect to principles of conflict of laws thereunder, as if you signed these Terms of Use in Pennsylvania. The provisions of these Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
12. Miscellaneous
Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Longview Solutions as a result of these Terms of Use or use of this Site. Longview Solutions' performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Longview Solutions' right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Longview Solutions with respect to such use. These Terms of Use constitute the entire agreement between you and Longview Solutions with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Longview Solutions with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
