Timespan - Terms of service

Date of Last Revision: 09/10/2023

PLEASE READ THESE DIGITALVIEWS UNIVERSAL TERMS OF SERVICE (SERVICE TERMS) CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT. YOU MAY ACCEPT THESE TERMS BY:

(A) CLICKING TO ACCEPT OR AGREE TO THESE SERVICE TERMS, WHERE THIS OPTION IS MADE AVAILABLE TO YOU BY DIGITALVIEWS IN THE USER INTERFACE FOR ANY SERVICE; OR

(B) BY ACTUALLY USING DIGITALVIEWS' PRODUCTS, SOFTWARE, SERVICES OR WEB SITES (“SERVICES”). YOU UNDERSTAND AND AGREE THAT DIGITALVIEWS WILL TREAT YOUR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS FROM THAT POINT ONWARDS.

While these Service Terms govern your access to, and use of, the Services, they do not alter in any way the terms or conditions of any written agreement you may have with DigitalViews, or its subsidiaries or affiliates. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Service Terms on such entity's behalf. DigitalViews reserves the right to change or modify any of the terms and conditions contained in these Service Terms or any policy or guideline, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the DigitalView’s websites or Services . Your continued use of DigitalViews Services following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Service Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services. You warrant and attest that you are at least eighteen (18) years of age. All other questions or comments about the Services should be directed to info@timespan.com.

1. Privacy Policy and Feedback

Please refer to our Privacy Policy for information on how DigitalViews collects, uses and discloses personally identifiable and other information from its users.

If you provide us with any feature requests, comments, suggestions or other feedback ("Feedback"), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant us a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose.

2. Registration for the Service.

If you wish to utilize the Services, you may be required to register by providing information about yourself and, if you are registering on behalf of an entity, information about that entity (such as identification, credit card information and contact details). You agree that any such information you provide is accurate, complete and updated. Failure to do so constitutes a breach to these Service Terms and may result in a termination of your account and access to the Services. You are responsible for maintaining the security and confidentiality of your account password. You are also solely responsible for all activities that occur through your User ID and password. You agree not to access or use, or attempt to access or use, the Services or any part thereof using the identity or the Registration Data of any person other than yourself. You agree to immediately notify DigitalViews of any unauthorized use of your User ID or password. From time to time, you may be asked to confirm your account via an email message. If such account is not reconfirmed, the account may be deleted by DigitalViews. Once your account has been deleted, your User Content may be retained by DigitalView and may or may not be displayed.

3. User Content

The Services may allow you to post content (“User Content”). DigitalViews has the right to refuse any User Content. You agree that DigitalViews, at its sole discretion, has the right to screen, reject, or remove any User Content, or portion thereof, posted to our servers that infringes our, or any third party intellectual property or other rights, violates these Service Terms or our other policies or is otherwise objectionable. DigitalViews reserves the right to disclose any such material posted to our servers as necessary to satisfy any applicable law, regulation, legal process or governmental request. You should save all of your User Content through alternate storage solutions inasmuch as DigitalViews does not warrant the security or reliability of its Services. You agree not to post any of the following in your use of the Services:

a. User Content that is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;

b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the right to distribute and reproduce such User Content as provided under these Service Terms;

d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

e. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

f. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;

g. Any User Content that, in the sole judgment of DigitalViews, may expose DigitalViews to any harm or liability of any type.

h. User Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. By posting User Content, you grant DigitalViews and its affiliates the perpetual, irrevocable, worldwide, royalty-free, freely transferable and sublicensable (through unlimited levels of sublicense) non-exclusive right to create derivative works of, use, reproduce, modify, transmit, publish, publicly display and distribute, and advertise on and around, and search for purposes of providing relevant advertisements, such User Content and derivative work. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) distribution of the User Content you supply in accordance with your direction does not violate these Service Terms and will not violate any rights of or cause injury to any person or entity. You hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction. We may (but are not obligated to) display your User Content, including your username and your actual name (according to the preferences you select). With regard to third party advertisements, DigitalView is not responsible or liable for the content of such advertisements.

4. Payment

While the Services may be offered without charge, DigitalViews does not guarantee that services will contunue to be provided, be uninterrupted, or free services will remain free.

5. Consent to Receive Emails and Notice

As long as you maintain an account, you may not "opt out" of receiving account-related emails from DigitalViews. The parties hereto may give legal notice by means of electronic mail, which electronic mail shall be considered delivered when sent. The notice address of DigitalViews shall be info@timespan.com (or such other address as is provided by DigitalViews to you) via email at your Notice address and your address for the receipt of notices pursuant to this Agreement shall be the current email address listed by you in your account profile. You also agree, unless you opt out, to receive marketing emails related to the Services.

6. Copyright and Limited License

Unless otherwise indicated, the Services and all content on the Services, including, without limitation, the DigitalViews logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the property of DigitalViews, its licensors or its customers and are protected by U.S. and international copyright laws. To the extent that DigitalViews grants you access, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services. Such license is subject to these Service Terms and does not include or authorize: (a) any resale or commercial (non-personal) use of the Services or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services; (e) downloading (other than page caching) of any portion of the Services, the Materials or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to DigitalViews’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services; or (g) collection or harvesting of any personally identifiable information, including, but not limited to, company names, domain names or account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes; (h) use of any portion of the Services as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (i)any use of the Services or the Materials other than for their intended purpose; (j) copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of any software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by DigitalViews, in writing. Any use of the Services or the Materials other than as specifically authorized herein, without the prior written permission of DigitalViews, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Service Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

7. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, DigitalViews has adopted a policy of terminating, in appropriate circumstances and at DigitalViews's sole discretion, access to those who are deemed to be repeat infringers. DigitalViews may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others.

8. DIGITAL MILLENNIUM COPYRIGHT ACT

DigitalViews responds to notices of alleged copyright infringement. This paragraph describes the procedures related to allegations of infringement. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, http://www.copyright.gov). DigitalViews’ response to these notices may include removing or disabling access to allegedly infringing Materials and/or terminating access. If we remove Materials or terminate access in response to such a notice, we will make a good-faith attempt to contact the party that uploaded such Materials so that they may make a counter notification.

Infringement Notification

To file a notice of infringement with us, please provide a written communication (by regular mail - not by email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that infringe your copyrights.

To expedite DigitalViews’ ability to process your request, please use the following format:

Identify in sufficient detail the copyrighted work that you believe has been infringed (for example, "The copyrighted work at issue is the text that appears on http://www.______.com/_______.html") or other information sufficient to specify the copyrighted work being infringed.

Identify with specificity the Material that you claim infringes the copyrighted work.

Provide your contact information (email address is preferred).

Provide contact information, if possible, for the owner/administrator of the allegedly infringing Materials (email address is preferred).

Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Sign the notice.

Send the written communication to the following address:

DigitalViews, Inc.
Attn: Copyright Agent
P.O. Box 3097
Redmond, WA 98073-3097

info@timespan.com

Counter Notification

The law permits the publisher of the allegedly infringing Materials or a site administrator of an affected site to make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When DigitalViews receives a counter notification, we may reinstate the complained-of Materials. To file a counter notification, please provide a written communication (by regular mail - not by email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that Materials are not infringing the copyrights of others. To expedite our ability to process your counter notification, please use the following format:

Identify the specific URLs or other unique identifying information of Materials that DigitalViews has removed, to which DigitalViews has disabled access or to which DigitalViews referred in a communication with you.

Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or King County, WA if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

Sign the paper.

Send the written communication to the following address:

DigitalViews, Inc.
Attn: Copyright Agent
P.O. Box 3097
Redmond, WA 98073-3097

info@timespan.com

9. Trademarks

DigitalViews™, DigitalViews logo, Timespan.com logo and Timespan logo are trademarks of DigitalViews, Inc. They may not be used or imitated, in whole or in part, without the prior written permission of DigitalViews. You may not use any metatags or any other "hidden text" utilizing" said trademarks or any other name, or product or service name of DigitalViews without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DigitalViews and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and logos displayed through the Services are the property of their respective owners.

10. Hyperlinks

You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Services, provided such link does not portray DigitalViews, any of its products and services, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DigitalViews logo or other proprietary graphic to link to the Services without the express written permission of DigitalViews. Further, you may not use, frame or utilize framing techniques to enclose any DigitalViews trademark, logo or other proprietary information, including the images found through the Services, the content of any text or the layout/design of any page or form displayed through the Services without DigitalViews' express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DigitalViews or any third party.

11. Third Party Content

DigitalViews or its customers may provide links to Web pages and content of third parties as a service to those interested in such links and content, and DigitalViews may post third party content or allow users to post their content. DigitalViews does not monitor or have any control over any Third Party Content or third party Web sites. DigitalViews does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. DigitalViews does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and you use links, Third Party Content and third party Websites at your own risk. When you leave the DigitalViews Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or services to which you navigate from the DigitalViews Services. DigitalViews is not the publisher or author of third party content. It is a passive service for storage and dissemination of the ideas and opinions that DigitalViews users and vendors may choose to post. DigitalViews does not screen works before they are posted, and no prior approval is required for posting. DigitalViews’ activities are subject to the protections of Section 230 of the Communications Decency Act and the safe harbor provisions of Section 512 of the Digital Millenium Communications Act.

12. Third Party Goods and/or Services

The Services may also provide information regarding or link to certain applications and goods and/or services provided or offered by third parties (collectively the "Third-Party Goods and Services"). DigitalViews is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third Party Goods and/or Services. Therefore, DigitalViews makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and DigitalViews assumes no responsibility or liability for any Third Party Goods and/or Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and DigitalViews is not responsible or liable for any Third-Party Services. In the event of a dispute between any consumer and vendor, the parties will work out the dispute themselves.

13. Advertisements and Promotions

DigitalViews may run advertisements and promotions from third parties as part of the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than DigitalViews, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. DigitalViews is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Services.

14. WARRANTY DISCLAIMERS

THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIGITALVIEWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS. DIGITALVIEWS DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. DIGITALVIEWS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIGITALVIEWS IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS ACCESSED THROUGH THE SERVICES. WHILE DIGITALVIEWS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, DIGITALVIEWS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.

DigitalViews reserves the right to change or delete any and all content and any Services at any time without prior notice.

15. Limitation of Liability

IN NO EVENT SHALL DIGITALVIEWS OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, 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 RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM DIGITALVIEWS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DIGITALVIEWS’ RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF DIGITALVIEWS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DIGITALVIEWS FOR ACCESS TO OR USE OF THE SERVICES. DIGITALVIEWS MAKES NO WARRANTIES REGARDING SECURITY OR RELIABILITY OF THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

16. Compliance with Laws

You represent and warrant that your use of the Services shall comply with all local, state and federal laws.

17. Indemnification

You agree to defend, indemnify and hold harmless DigitalViews, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Service Terms or your violation of the rights of any third party.

18. Term and Termination

DigitalViews has the right to immediately terminate the Services without cause. You agree and acknowledge that DigitalViews has no obligation to retain your data, and may delete such data, immediately after termination.

19. Termination for Cause

DigitalViews may immediately terminate this Agreement in the event of your material breach of the terms or conditions of this Agreement. Any breach of your payment obligations or unauthorized use your account will be deemed a material breach of this Agreement.

20. Arbitration

You and DigitalViews agree that except as otherwise specifically provided in this paragraph, any controversy or claim arising out of or relating in any way to these Service Terms or the Service Terms or the breach of either, or arising out of or relating to the Services shall be resolved exclusively by arbitration administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA's Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that without waiving any remedy under these Service Terms or Service Terms, injunctive or other appropriate relief may be sought from any court specified in the next Section (Applicable Law and Venue). The place of arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding related in any way to the Services be instituted more than two (2) years after the cause of action arose. In the event that any term of this Section (Arbitration) is held by a court or arbitrator to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified to comply with such provision and the remainder of this Section shall not be affected.

21. Applicable Law and Venue

These Service Terms and your use of the Services shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth above), any action at law or in equity arising out of or relating to the Services or these Service Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

22. Interstate Nature of Communications

You acknowledge that in using DigitalViews Services you will be causing communications to be sent through interstate telecommunications networks, which are governed by federal law pursuant to the interstate commerce clause of the US Constitution. Even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the service results in interstate data transmissions.

23. Assignment; Change in Control

This Agreement may not be assigned by you without the prior written approval of DigitalViews but may be assigned without your consent by DigitalViews to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.

24. Severability

If any of these Service Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

25. Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DigitalViews.

26. Waiver

No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

27. Force Majeure

If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

28. Entire Agreement

This Agreement and Privacy Policy, constitutes the complete and exclusive statement of the agreement between the parties with respect to the use of the services and any acts or omissions of DigitalViews and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.