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Terms of use

Welcome to applied visual sciences website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern applied visual's relationship with you in relation to this website. If you do not agree to all of these terms of use please exit from this site immediately.

1. Scope; changes. These terms of use represent the entire agreement between applied visual sciences inc., a virginia corporation ("we", "our" and "us") and you, superseding prior agreements concerning the same subject matter. We may change these terms of use at any time. We urge you to review these terms of use each time you visit the site. By accessing the site after a change to these terms of use, you will have accepted the changes.

2. Personal information; privacy. See our privacy policy for our policy regarding the collection and use of personal information. You agree that we may collect and use the visitor information described in our privacy policy on the terms and conditions provided in our privacy policy.

3. Materials and restrictions. All materials on this site, including but not limited to images, illustrations, text, audio clips and video clips ("materials"), are protected by copyright and/or other intellectual property laws, and are owned and controlled by us or third parties that have licensed to us the right to use their material. You may not copy, reproduce, republish, upload, post, transmit, distribute and/or create derivative works from the materials in any way. Any use of any material in violation of the preceding sentence is a violation of our and third party intellectual property rights and is prohibited by these terms of use.

4. User submissions. This site may enable visitors to post their reviews, remarks, comments and other content. You may post such content so long as it is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, although we do not regularly review posted content. If you post any such content, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You also grant us and our affiliates the right to use the name that you submit with any such content. You represent and warrant that you own or otherwise control all of the rights to any content that you post and that our use of your content will not infringe upon or violate the rights of any third party. We do not want to receive confidential or proprietary information from you through this site or otherwise. Please note that any information or material you submit over this site or in any other manner will not be deemed to be confidential. By sending us any information or material, you grant us and our affiliates an unrestricted, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information or material.

5. Links to third party web sites. Some of the links on this site will let you leave our site. The linked sites are not under our control and we are not responsible for the contents of any linked web site or any link contained as a linked web site or any changes or updates to such web sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the web site.

6. No warranty. Your access to and use of the site are at your own risk. The site is provided "as-is," and to the maximum extent permitted by applicable law, we disclaim all other representations and warranties, express or implied, regarding the site including without limitation its fitness for a particular purpose, its quality, its merchantability, its performance, its noninfringement of third party rights, its accuracy, completeness or other characteristics, or the results obtained by using the site. We do not warrant that the site is free from bugs, viruses, errors, or other program limitations, nor do we warrant access to the internet or any other service through the site. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in scope to the extent permitted by applicable law and in duration to ninety (90) days from the initial date of accessing the site.

7. Limitation of liability. In no event will we be liable to you for any third party claim or for any consequential, direct, incidental or special damages, including without limitation, any lost profits or lost savings, regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if it was forseeable or the possibility of such damages was brought to our attention. You agree that your sole remedy against us for loss or damage caused by the site, regardless of the form of action, whether in contract or in tort, including negligence, strict liability or otherwise, is limited to $500. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so some of the above limitations may not apply to you. In that event, recoverable damages will be limited in scope and amount to the least allowable under applicable law.

8. Indemnification. You agree to indemnify, defend and hold us and our licensors harmless, as well as our and their affiliates, officers, directors, employees, consultants and agents, from all third party claims, liability, damages and costs (including attorneys' fees) arising from your unauthorized or improper use of the site or the materials, your breach of these terms of use or your infringement of any intellectual property or other rights of any person or entity.

9. Governing law; jurisdiction; litigation costs. These terms of use shall be construed and governed by the internal laws of the commonwealth of virginia , u.s.a. , Excluding the application of its choice of law principles. You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed only in the state and federal courts located in dulles, virginia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If we bring any action against you or you bring any action against us regarding the subject matter of these terms of use, the prevailing party shall be entitled to recover, in addition to other relief granted, reasonable attorneys fees and expenses of litigation. Notwithstanding any other provision of these terms of use, we have the right to seek the remedy of specific performance of any term contained in these terms of use, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these terms of use, or any combination thereof, in any court having jurisdiction thereof.

10. Severability; no waiver. If any provision of these terms of use, or their application to any person, place, or circumstance, is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of these terms of use and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. Neither our failure nor our delay in exercising, enforcing or taking action against you with respect to any of our rights or powers shall operate as a waiver of such powers or rights. No single or partial exercise by us of any of our powers or rights will preclude us from exercising such powers and rights in the future or from exercising other powers and rights.