1. The Vistalogic Site
    Welcome to the Vistalogic.net website (the “Site”). The Site is owned by Vistalogic, Inc. (“Vistalogic” or “us”). These Terms of Use (“Terms”) apply to your use of the Site. If you wish to use the Site, even if you only browse the Site and do not register, you must agree to these Terms. If you do not agree to the Terms, any use of the Site by you is unauthorized, and you should stop accessing the Site immediately. Your continued use of the Site will constitute assent to these Terms.
  2. Restrictions on Activities
    You agree not to make any use of the Site for any activity: (1) that is unlawful (whether criminal or tortious) under the laws of any jurisdiction to which you or Vistalogic are subject; (2) that is commercial, including buying, selling, offering, advertising, or helping another to buy, sell, offer or advertise any goods or services; (3) that constitutes competition with the Site; (4) that involves gaining unpermitted access to other computers or networks through hacking or other means, or the unpermitted use of the username or password of another user; or (5) that interferes with the operation of the Site or places an undue burden on it.
  3. Our Content: Copyrights and Trademarks
    All content on the Site, and the compilation of such content, is the property of Vistalogic or its content suppliers, and is protected by United States and international copyright laws. The names “Vistalogic” and “Vistalogic.net” and the Vistalogic Logo are trademarks of Vistalogic or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by Vistalogic that appear on this site are the property of their respective owners.
  4. Disclaimer of Warranties and Limitation of Liability
    You agree that the Site is provided to you “as is” and “as available” without any warranty of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, ACCURACY and non-infringement. Vistalogic does not warrant that the Site will be available at any given time, secure, accurate or free of error. You use the Site at your own risk, and you assume the risk that the Site may provide incorrect information to you, as well as the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system. You understand and agree that In no event will Vistalogic be liable TO YOU OR A THIRD PARTY for any direct or indirect damages, even if Vistalogic is aware of the possibility of such damages, including without limitation loss of profits or for any other special, consequential, EXEMPLARY or incidental damages, however caused, whether based upon contract, negligence, strict liability in tort, warranty, or any other legal theory, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. the parties intend that this limitation SHOULD apply even if it causes any warranty to fail of its essential purpose. Notwithstanding the foregoing, the potential liability of Vistalogic to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to Vistalogic for your use of the Site.
  5. No Guaranteed Availability
    Vistalogic reserves the right at any time and from time to time to modify or discontinue access to the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Vistalogic will not be liable to you for any modification, suspension or discontinuance of the Site.
  6. Termination of Access to You
    You agree that Vistalogic, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Site under any provision of these Terms may occur without prior notice to you, and you also agree that Vistalogic will not be liable to you for any termination of your access to the Site.
  7. Indemnity
    You agree to indemnify, defend and hold harmless Vistalogic and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Site or any violation by you of these Terms.
  8. Copyright Notice and Takedown Policy
    If you are a copyright owner and you believe your work has been copied and used improperly on the Vistalogic Site, please contact our copyright compliance officer. Please provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Vistalogic Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer: Copyright Compliance, c/o Vistalogic, Inc., 1801 NW Northrup St., Suite 200, Portland, OR 97209 .
  9. Severability & Waiver
    The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Vistalogic of strict performance of any provision of these Terms will not be a waiver of or prejudice Vistalogic’ right to require strict performance of the same provision in the future or of any other provision of these Terms.
  10. Entire Agreement
    These Terms constitute the entire agreement between you and us as to their subject matter, and there are no other terms, conditions, or obligations between the parties relating to the use of the Site, other than those contained in these Terms. Vistalogic reserves the right to update or modify these Terms at any time in its sole discretion, and your continued use of the Site following any such modification will mean you agree to the changes.