Terms & Conditions of Use
THESE TERMS AND CONDITIONS OF USE (THIS “AGREEMENT”) GOVERN USE OF THE TYTO ATHENE, LLC (“TYTO”) WEB SITE. BY ACCESSING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEB SITE. TYTO RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY FOR ANY VIOLATIONS OF THESE TERMS AND CONDITIONS.
MODIFICATION. Tyto reserves the right, in its sole discretion and without notice, to change these Terms and Conditions of Use from time to time. You are responsible for regularly reviewing these terms and conditions. Your continued use of the web site constitutes your agreement to all terms, conditions, and notices.
NO UNLAWFUL OR PROHIBITED USE. You agree not to use the Tyto web site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Tyto web site in any manner that could damage, disable, overburden, or impair the Tyto web site or interfere with any other party’s use and enjoyment of the Tyto web site. You may not attempt to gain unauthorized access to the Tyto web site, computer systems or networks connected to the Tyto web site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Tyto web site.
SOFTWARE. The software supporting this Web Site (the “System”) contains valuable trade secrets and other confidential information proprietary to Tyto or its third-party licensor(s) (the “Proprietary Information”) and is protected by federal and state laws and international treaty provisions. The Proprietary Information may not be copied or reproduced and may not be disclosed to any other party. You shall not disassemble, decompile, or apply any procedure to the System, including reverse engineering or any similar process, in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code or source listings for the System or any trade secret information or process contained in the System. You may use the System solely for accessing information intentionally made available through the web site and ordering products and/or services from Tyto. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the System, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. TYTO AND/OR ITS THIRD-PARTY LICENSOR(S) MAKE NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT TYTO AND/OR ITS THIRD-PARTY LICENSOR(S) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES, WHATSOEVER, ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF TYTO OR ITS THIRD PARTY LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INTELLECTUAL PROPERTY. All contents of the Tyto web site are protected by applicable law, including, without limitation, United States copyright law and international treaties. Except as otherwise expressly permitted herein, no portion of the materials on the Tyto web site may be reproduced in any form or manner without the prior written permission of Tyto. You are NOT permitted to modify, distribute, publish, transmit or create derivative works of any materials found on the Tyto web site for any public or commercial purposes. No rights or license of any kind of Tyto’s intellectual property are transferred to, granted to, provided to or received by you because of your use of the Tyto web site. Tyto may change, delete or add to the contents of this web site in Tyto’s sole discretion. You may NOT copy or display for redistribution to third parties or for commercial purposes any portion of the content. The trademarks, logos, service marks, and copyrights, including but not limited to “Acuity™” or “Acuity MDC™” and other names, logos, and icons identifying products and services (collectively, “Trademarks”) displayed on the Tyto web site, are registered and unregistered Trademarks and Service marks of Tyto and its subsidiaries, affiliates, suppliers, or others. Any product, process or technology described in this web site document may contain Proprietary Information or other intellectual property protected by federal or state patent, copyright, or trademark law. The rights associated with such intellectual property are reserved to Tyto and its subsidiaries, affiliates, suppliers or others and are not licensed or waived hereunder.
TRANSMITTED OR POSTED DATA. Any data, materials or information that you transmit to or post on the Tyto web site may be used by Tyto for any purpose whatsoever and shall NOT be treated as confidential or proprietary. Notwithstanding the foregoing, all personal data transmitted to Tyto will be handled in accordance with Tyto’s then-current Privacy Policy. You agree not to submit to Tyto (whether via this web site or by any other means) any data, materials or information which (i) are libel, defamatory, an invasion of privacy, or are obscene, pornographic or harassing, (ii) infringe any intellectual property rights, including, without limitation, copyrights, trademarks, trade secrets, patents or other intellectual property rights of any third party, (iii) violate any laws or regulations, (iv) advocate illegal activity or (v) advertise or otherwise solicit funds or are a solicitation for goods or services.
LIABILITY DISCLAIMER. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TYTO WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TYTO MAKES NO REPRESENTATION REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE TYTO WEB SITE FOR ANY PURPOSE. THE INFORMATION CONTAINED IN THIS WEB SITE IS PROVIDED “AS IS.” TYTO MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL TYTO BE LIABLE FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, LOST OPPORTUNITY, OR ANY OTHER LOSS RESULTING FROM RELIANCE ON THE INFORMATION CONTAINED IN THIS WEB SITE, INCLUDING DAMAGES ARISING FROM INACCURACIES, OMISSIONS OR ERRORS OR ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND/OR TYTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, THOSE 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 OR UNDER ANY OTHER CAUSE OF ACTION. THIS WEB SITE MAY BE CHANGED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE.
LINKS TO THIRD PARTY SITES. This web site is not affiliated with or sponsored by any site to which it provides a link. Tyto makes no representations or warranties concerning the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement, investigation or verification by Tyto of the linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any linked site.
VIRUSES, ETC. Tyto assumes no responsibility, and shall not be liable, for any claims or damages arising from viruses that may infect your computer equipment or other property resulting from your use of the web site or any downloading of any materials, data, text, or images from the web site.
INDEMNIFICATION. You agree to indemnify, defend, and hold Tyto, its parent, subsidiaries, affiliates, officers and employees, and suppliers harmless from any and all claims, demands, or damage, including reasonable attorneys’ fees, related to any violation of this Agreement by you or your agents, or in connection with your use of the web site.
TERMINATION OF USE. Tyto reserves the right, in its sole discretion, to terminate your access to the Tyto web site and the related services or any portion thereof at any time, without notice.
COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS. All applicable federal, state and local laws govern user access to this web site. All information on the web site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Tyto’s products/services and publications are commercial in nature. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in FAR 52.227-19 and DFARS 252.227-7015. By accessing this web site you agree not to: (a) use any data obtained as part of a commercial product, service or content offering; (b) use any data obtained for solicitations, commercial or otherwise; (c) sell or otherwise distribute any data obtained; (d) incorporate any data into any e-mail or other “white pages” products or services, whether browser based, based on proprietary client-side applications, Web based, or other; or (e) use the data in a manner which could be reasonably expected to offend any person for whom the data is relevant. You further agree not to (i) use any automated means, including spiders, robots, crawlers or the like to download data from the web site; (ii) enter any data that is libelous, defamatory or unlawful, or that violates or infringes any trademark, copyright or similar rights of others; or (iii) knowingly enter any data which is false or misleading.
GENERAL. This Agreement is governed by the laws of the Commonwealth of Virginia. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Fairfax County, Virginia, U.S.A. in all disputes arising out of or relating to the use of the Tyto web site. If any part of these Terms and Conditions 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 the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Tyto with respect to the Tyto web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Tyto with respect to the Tyto web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES: All contents of the Tyto web site are: © Copyright 2018 Tyto Athene, LLC and/or its suppliers, 510 Spring Street, Suite 200, Herndon, VA U.S.A. All rights reserved.
TRADEMARKS AND SERVICE MARKS. Tyto, Acuity™, Acuity MDC™ and/or other Tyto products and services referenced herein may also be registered or unregistered trademarks and/or service marks of Tyto or other third parties.