Welcome to the ViewExchange website (“Site”). Please read our following ViewExchange (“us”, “our”, “we” or “ViewExchange”) terms and conditions (the “Terms of Use”) carefully before using the Site. By accessing the Site, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the Site or its services. We recommend that you keep a printed copy of these Terms of Use for future reference. Additionally, please read our Privacy Policy which also governs your use of this Site and is incorporated herein by reference.
BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SITE, OR OTHER VIEWEXCHANGE SOFTWARE, SERVICES, SITES OR ANY OF VIEWEXCHANGE LICENSEES’ SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.
VIEWEXCHANGE RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN VIEWEXCHANGE’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS SITE OR IN THE ABOUT US SECTION ON OUR MOBILE VERSION OF THE SITE.
No implication is made that the materials published on ViewExchange’s Site is appropriate for use outside of the United States. If you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Additionally, this Site is published in english and we are not responsible for errors in translation.
To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If ViewExchange believes the information you provide is not correct, current, or complete, ViewExchange has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.
You may use this Site for purposes expressly permitted by this site. As a condition of your use of ViewExchange’s Site you warrant to ViewExchange that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this Site (other than as provided by these terms) without the express prior written permission of an authorized representative of ViewExchange. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this site. You agree to cooperate with ViewExchange to prevent or remedy any unauthorized use. In addition, you may not use ViewExchange’s Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
ViewExchange’s Site is for your personal and non-commercial use, unless otherwise specified. You may not use this Site for any other purpose, including any commercial purpose, without ViewExchange’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to ViewExchange’s Site, unless expressly permitted by these terms.
The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Site, including without limitation ViewExchange and/or its distinctive logo. All other content on this Site (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of ViewExchange, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ViewExchange. From time to time, the Site will legally utilize intellectual property owned by third parties related to our services. The rights in any third party trademarks or copyrighted works on this Site are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarksor Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of ViewExchange. The misuse of the Trademark or Copyrighted works displayed in this Site, or any other content on the Site, is strictly prohibited and may expose you to liability.
The material and content accessible from this Site, and any other website owned, operated, licensed, or otherwise controlled by ViewExchange (the “Content”) is the proprietary information of ViewExchange or the party that provided or licensed the Content to ViewExchange whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of ViewExchange, except that you may print out a copy of the Content solely for your personal use, and you may re-post a single image and up to one hundred (100) words of text from any article if such posting provides a right of attribution to ViewExchange, and promotes the article on other websites, including social media sites. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates ViewExchange’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
From time to time, the Site will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of ViewExchange’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the Site.
This Site may link to other sites which are not maintained by, or related to, ViewExchange. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or ViewExchange. ViewExchange has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and ViewExchange makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. You expressly hold ViewExchange harmless from any and all liability related to your use of a third-party website. ViewExchange provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by ViewExchange of that site or any association with its operators.
ViewExchange’s Site may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use when using ViewExchange’s Communication Services.
When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this Site any material that:
ViewExchange reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. ViewExchange reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. ViewExchange also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither ViewExchange nor any third party that provides Content to ViewExchange will assume or have any liability for any action or inaction by ViewExchange or such third party with respect to any submission. ViewExchange cautions you against giving out any personally identifying information about yourself in any Communication Service. ViewExchange does not control or endorse the content, messages or information found in any Communication Service and, consequently, ViewExchange specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ViewExchange spokespersons, and their views do not necessarily reflect those of ViewExchange.
Unless you and ViewExchange enter into a separate written contract for use of your Content that states otherwise, you hereby grant to ViewExchange the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to ViewExchange through this Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. ViewExchange will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future ViewExchange operations.
ViewExchange will treat any personal information that you submit through this Site in accordance with its Privacy Policy located at viewexchange.com/privacy.
ViewExchange make no guarantees regarding the results that you will see from using the information provided on the Site.
The Site was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Site. ViewExchange makes no representations, warranties, or guarantees. You understand that results may vary from person to person. ViewExchange assumes no responsibility for errors or omissions that may appear on the Site.
You understand that ViewExchange cannot and does not guarantee or warrant that any information on the Site is correct or files available for downloading from the Site will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The Site is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. ViewExchange does not assume any responsibility or risk for your use of the Site.The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by ViewExchange.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. VIEWEXCHANGE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. VIEWEXCHANGE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIEWEXCHANGE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND VIEWEXCHANGE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT VIEWEXCHANGE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. VIEWEXCHANGE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and ViewExchange does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer accurate or complete.
VIEWEXCHANGE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF VIEWEXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the fullest extent permitted by applicable law, ViewExchange reserves the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site, including where we reasonably consider that: (a) your use of the Site violates this Terms of Use or applicable law (b) you fraudulently use or misuse the Site or (c) we are unable to continue providing the Site to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of this Terms of Use, (iii) any policy or practice of ViewExchange in operating the Site, or (iv) any content or information transmitted through the Site, is to discontinue use of any and all parts of the Site.
You will indemnify and hold ViewExchange, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
Your Information is any information you provide, publish or post to or through the Services (including any profile information you provide) or send to other users (your “Information”). You consent to us using your Information to create an account that will allow you to use the Services and participate in the Services. Our collection and use of personal information in connection with the Services is as provided in ViewExchange’s Privacy Policy located at viewexchange.com/privacy. You are solely responsible for your Information and your interactions with the Services and all other users. You represent and warrant that: (1) you either are the sole and exclusive owner of all of your Information that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to ViewExchange the rights in your Information, as contemplated under these Terms of Use and (2) neither your Information nor your posting, uploading, publication, submission or transmittal of your Information or ViewExchange’s use of your Information (or any portion thereof) on,through or by means of the Services will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to provide original, accurate, current and complete information and that we and other members may rely on your Information as accurate, current and complete. To enable ViewExchange to use your Information for the purposes described in the Privacy Policy and these Terms of Use, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. ViewExchange does not assert any ownership over your Information rather, as between you and ViewExchange, subject to the rights granted to us in these Terms, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information. However, ViewExchange assumes no responsibility for the intellectual property rights of the Information that users provide, publish or post to the Site.
You are responsible for maintaining the confidentiality of the username and password that you designate during the account registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify ViewExchange of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ViewExchange will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
Notice and Takedown Procedure
ViewExchange expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise postedwithout your consent, you may provide ViewExchange with a notice that contains all six points enumerated below.
Upon receipt of a valid notice, ViewExchange will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.
Be aware that a notice must contain all six points for ViewExchange to take action. All other notices will be ignored.
Designated Agent:
ViewExchange’s Designated Agent can be can be contacted at: info@viewexchange.com .
Counter-Notification Procedure
The provider of the allegedly infringing content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter-notification with ViewExchange please provide ViewExchange’s Designated Agent (listed above) with the following information:
Upon receipt of a counter-notification containing all six points, ViewExchange will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that ViewExchange will replace the removed material or cease disabling access to it in 10 business days.
Finally, if ViewExchange’s Designated Agent receives notification from the person who submitted the original takedown notification within 14 days of receipt of the counter-notification that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on its system, then ViewExchange will once again remove the file from its system.
Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, ViewExchange will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures.
It is ViewExchange’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that ViewExchange determines are reasonable under the circumstances
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). ViewExchange will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that ViewExchange considers insecure, ViewExchange will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools ornetwork probing tools) is strictly prohibited. If you become involved in any violation of system security, ViewExchange reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. ViewExchange reserves the right to investigate suspected violations of these Terms of Use.
ViewExchange reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction ViewExchange to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS VIEWEXCHANGE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VIEWEXCHANGE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VIEWEXCHANGE OR LAW ENFORCEMENT AUTHORITIES.
The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. The language of the arbitration shall be English. The arbitrator may grant injunctions or other relief in such dispute or controversy. The arbitrator’s decision shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this section. During the arbitration, both user and ViewExchange may take one deposition of the opposing party, limited to 4 hours. If the parties cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. Notwithstanding the foregoing, the arbitrator shall not have jurisdiction over any dispute relating to ownership, infringement or misappropriation of a party’s intellectual property or confidentiality rights unless the parties specifically so agree in writing in such matter, and either party may (after attempting informal resolution as provided above) submit any such dispute to any court in accordance with “Governing Law” section below, and may apply to any such court for injunctive relief in connection therewith. The arbitration will be held in the United States county where user lives orworks, San Francisco, California, or any other location user and ViewExchange mutually agreed upon in writing.
CLASS ACTION WAIVER . TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. USER AGREES THAT, BY ENTERING INTO THESE TERMS, USER AND VIEWEXCHANGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may not consolidate another person’s claims with User’s claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 16 shall be null and void.
In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in suchinstances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Opt-out of Mandatory Arbitration. User may seek to resolve a dispute in small claims court if it qualifies. User may decline this mandatory arbitration provision within 30 days of accepting this Agreement by emailing ViewExchange at info@viewexchange.com and indicating user’s intent to opt-out of the arbitration provision. Please include User’s contact details. Note that opting out of this arbitration provision does not affect any other part of these terms and this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
Arbitration Costs . Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If User asserts a claim against ViewExchange, User will be responsible for paying a $250 consumer filing fee. ViewExchange will pay for reasonable arbitration fees where: (a) the claim for damages does not exceed $10,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). ViewExchange will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including without limitation, acts of God, collapse of building structures, fires, floods, storms, earthquakes, epidemics or similar events, natural disasters or extreme adverse weather conditions, pandemics, epidemics, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, terrorism or wars, or strikes, riots, civil commotion, lock-outs, workstoppages. The accused party shall use reasonable efforts under the circumstances to remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.
These Terms of Use will be governed and interpreted pursuant to the laws of the state of California, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and ViewExchange arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in San Francisco County, California.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ViewExchange as a result of these Terms of Use or use of the Site.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and ViewExchange with respect to the 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.
The Terms of Use may not be assigned by you without our prior written consent, however, the Terms of Use may be assigned by ViewExchange in our sole discretion.
Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.
ViewExchange may revise these Terms of Use at any time by updating this posting.
