Terms and Conditions

MULTIVISTA SYSTEMS, LLC ONLINE USER AGREEMENT

Please read this agreement carefully. By using any part of the Multivista Systems Web Site (including its related user instructions, content, and software) (Collectively, the “Web Site” or “Service”), you agree to abide by the terms and conditions of, and be legally bound by, this online user agreement (this “Agreement”) between you and Multivista Systems, LLC (“Multivista”). If you do not wish to be bound by this agreement, please do not use the Web Site. Clients utilizing Multivista’s Service software, accessible by login, further agree to the terms of any service agreement they have entered into with a Multivista affiliate, including any entity licensed to provide Multivista branded services or products.

GENERAL INFORMATION

Changes

The Web Site is provided by Multivista Systems, LLC. (“Multivista”). Multivista reserves the right, at its discretion, to change the terms of this Agreement and/or change, suspend, or modify any aspect of the Web Site and underlying software accessible through login. Such modifications may include, without limitation, changes in content, user priorities and removal of functional aspects of the Web Site and the Service provided by the underlying software.

Notices of Changes

Any notice or announcement of changes/modifications will be displayed online, and any such display shall constitute effective notice under this Agreement for all purposes. You agree to review periodically the terms and conditions of this Agreement to be aware of such alterations. Additionally, your continued use of the Web Site after the posting of any notice of a change in the terms and conditions shall constitute your acceptance to be bound by the express terms of any such changes.

Limited License

Multivista hereby grants you a limited license for accessing the Multivista Web Site and using the underlying software, provided, however, that no license is hereby provided to client-side software requiring login through username and password unless a service contract is in place between you and a Multivista service provider. The limited license also permits you to display on your computer, print, download, and use the underlying HTML, text, audio clips, video clips, and other content that is made available to you on this Web Site for your internal purposes, and not for commercial purposes, provided that the content is not modified and includes and prominently displays the associated copyright notice and this limited license on each copy of such content . No other use is permitted. Without limiting the generality of the foregoing, you may not make any commercial use of the content on this Web Site, include such content in or with any product you create or distribute, or copy such content onto your or any person’s internet website. Aside from the limited license as outlined above, nothing in this license shall be interpreted so as to confer to you any right under any intellectual property held by Multivista or any other person who owns intellectual property in the content provided on Multivista’s Web Site.

LIMITATIONS ON USE

Copyright and Trademark Notice

Other than those materials whose copyright is owned by the party commissioning them, all content of the Web Site and software provided by Multivista, including, but not limited to, all text, photos, graphics, presentations in any format and/or video, is copyrighted by Multivista Systems, LLC © 2012. All rights reserved. Multivista, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of Multivista. Neither these materials, nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any print out of any page of the Web Site or portion thereof, must include Multivista’s copyright notice.

No Unlawful or Prohibited Use

As a condition of your use of the Web Site, you will not use the Service for any purpose that is unlawful or prohibited by the terms, conditions and notices contained herein. You may not use the Web Site in any manner that could damage, disable, overburden, or impair any of Multivista’s servers or the network(s) connected to any of Multivista’s servers, or interfere with any other party’s use and enjoyment of services provided by the Web Site. You may not attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any of Multivista’s servers or to any other part of the Web Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain through any means any materials or information not intentionally made available to you through the Service provided.

Linking

Without the prior written consent of Multivista, you may not use any of Multivista’s proprietary logos, marks or other distinctive graphics, video or audio material in your links. You may not link to the Web Site or to any page thereof or engage in the practice of “deep linking” in any manner reasonably likely to: (a) imply affiliation with or endorsement or sponsorship of or by Multivista; (b) cause confusion, mistake, or deception; (c) dilute Multivista trademarks or service marks; (d) otherwise violate provincial or federal law; or (e) constitute improper derision or disclosure concerning Multivista, and its officers, directors, agents, or franchises. You may not frame or otherwise incorporate into another Web Site any of the materials on this Web Site without the prior written consent of Multivista.

Your Responsibilities

You shall (i) be responsible for your compliance with this Agreement and all activities occurring within or from the Web Site, your Project Portfolio and your Project, (ii) be solely responsible for the accuracy, quality, integrity and legality of, and for the means by which you acquired any information or data posted on the Web Site, and your use of the Web Site (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Web Site and the Service, and notify Multivista promptly of any such unauthorized access or use, and (iv) use the Web Site and Service only in accordance with any user guide that Multivista may promulgate from time to time and applicable laws and government regulations. You shall not (a) make the Web Site and Service available to anyone else, (b) sell, resell, rent or lease the Web Site and Service, (c) use the Web Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Web Site to store or transmit malicious code or malware, or to engage in phishing or other fraudulent activity, (e) interfere with or disrupt the integrity or performance of the Web Site and/or third-party data contained therein, or (f) attempt to gain unauthorized access to the Web Site and Service or the systems or networks of Multivista. In addition, in using the Web Site and Service, you shall not:

impersonate any other person;
falsely say or imply that you are associated with another person or entity;
submit content in exchange for payment or other consideration from another person or entity, or otherwise use the Web Site and Service in connection with unsolicited commercial messages;
violate any anti-spam or similar law;
collect information about other Web Site and Service users without their express consent;
use the Web Site and Service if you are under 18;
use or enable the use of any automated system that calls to the Web Site more frequently than may reasonably be performed by a human user using a standard web browser;
submit or link to any content that:
- infringes or violates the intellectual property or other rights of any person or entity;
- intentionally interferes with the operation of the Web Site or Service;
- violates anyone’s privacy or publicity rights;
- breaches any duty of confidentiality that you owe to anyone;
- provides any non-public information about Multivista or any other company or person without authorization (including the names and contact information for other Web Site users)
- is harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable;
- contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; or contains false or deceptive language, unsubstantiated or comparative claims regarding Multivista, our affiliates, franchisees or others’ products, advertising, commercial referrals, or any other commercial solicitations.

Public or Shared Email Domains

You understand that to limit the access of your data to you and to those to whom you have given permission to access it, you may not use a public or shared email domain (i.e., an email domain that is generally available for any member of the public to join or access) for the Web Site and Service. If you were to use a public or shared email domain for the Service, any other individuals also using that public or shared email domain in connection with the Web Site and Service would have access to your information and data. For your protection, in the event that you use a public or shared email domain for the Service, or if Multivista reasonably believes that you are using a public or shared email domain, we may deactivate your access to the Web Site and Service and/or terminate this Agreement without notice.

Tracking and Analysis

Multivista may track and analyze your use of the Web Site and Service for the purpose of helping Multivista improve both the Web Site and Service and your experience in using the Web Site and Service. We may disclose such data about your use of the Web Site and Service (“Usage Statistics”) to third parties for the purpose of assisting Multivista in such tracking and analysis, or as required by law.

ACCESS AND DELAYS IN SERVICES

You acknowledge that Multivista has made reasonable efforts to provide you with access to the Web Site. Further, Multivista shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, electronic or mechanical equipment failures, connection problems, defects, failure of the World Wide Web, weather, strikes, walkouts, fire, acts of God, acts of war, or to other like causes.

REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY

General Disclaimer and Limited Warranty

YOU ACKNOWLEDGE THAT THIS WEB SITE AND SOFTWARE ARE PROVIDED TO YOU ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. MULTIVISTA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, MULTIVISTA NEITHER REPRESENTS NOR WARRANTS THAT THE WEB SITE AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.

Viruses

You acknowledge and agree that Multivista has made reasonable efforts to ensure that no viruses or programs with similar functions operate on, or move through, the Web Site. You hereby assume all responsibility (and thereby hold Multivista harmless), by whatever means deemed most appropriate for your needs, for detecting and removing any virus or program with a similar function.

LIMITATION OF LIABILITY

YOU AGREE THAT MULTIVISTA SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO (30%) THIRTY PERCENT OF THE SUMS PAID TO MULTIVISTA BY YOU OR A THIRD PARTY RESELLER UNDER THE TERMS OF THIS AGREEMENT, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF MULTIVISTA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

INDEMNIFICATION

YOU HEREBY RELEASE, DISCHARGE AND RELINQUISH, AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS MULTIVISTA, AND ITS MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND USE OF THE WEB SITE AND UNDERLYING SOFTWARE, INCLUDING YOUR USE OF INFORMATION OBTAINED THROUGH THE WEB SITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENCE OF ANY SUCH CLAIM.

Use and Protection of Username and Password

You are responsible for maintaining the confidentiality of your account Username and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a password or Username assigned to you, or any breach of security through your account, then you should notify Multivista immediately by contacting Multivista at info@multivista.com

Ownership of Documents

All Clients who access the Multivista Web Site and software server acknowledge and agree that all documents, digital and electronic media prepared under the Agreement are instruments of service and are, and shall remain, the property of Multivista Systems, LLC including all intellectual property rights, until such time as they are paid for in full by the Client at which time their ownership shall pass to the Client. Multivista Systems makes no warranties as to the professional nature of the media other than to capture construction conditions or events. Notwithstanding the foregoing, the underlying proprietary software, indexing, navigation and viewing systems, processes, procedures and all proprietary information used to create these instruments of service, including all intellectual property rights associated therewith, shall at all times remain the sole property of Multivista Systems, LLC. Notwithstanding the foregoing, Multivista Systems reserves the right to use limited samples of the media and system service prepared for Client (not to exceed 1% of total project media) for Multivista Systems marketing and promotional purposes. Multivista Systems may also utilize Client statements, cost savings and ROI examples derived from Client’s use of Multivista Systems’ services. Anonymity will be observed if requested.

No Public Access

All Clients who access the Multivista Web Site and software server acknowledge and agree that online access to Client’s documentation shall be restricted to Client approved personnel only, each of whom will be provided with a unique username and password. Making access credentials publicly available shall be prohibited and Client shall make its approved personnel aware of Client’s confidentiality and restricted access obligations as a term of use.

CONSENT TO USE PERSONAL INFORMATION

BY ACCESSING, USING AND/OR DOWNLOADING MATERIAL FROM THIS WEB SITE OR BY SUBMITTING PERSONAL INFORMATION TO MULTIVISTA, YOU AGREE, ON YOUR OWN BEHALF AND ON BEHALF OF EACH ENTITY ON WHOSE BEHALF YOU ACT, THAT MULTIVISTA MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS CONSENT AND AS PERMITTED OR REQUIRED BY LAW. Records of your use of the Web Site are the sole property of Multivista and are protected by and subject to applicable provincial and federal statutes and regulations. By accessing this Web Site and using the Service, you consent to the use of such information in its marketing, franchising and membership efforts. Multivista may disclose your personal information as follows: • as Multivista in good faith determines is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena, • during the course of Multivista’s enforcement of the policies and procedures of the Web Site, the terms of this Agreement, or during the course of any disciplinary actions; • as otherwise consented to by you from timte to time, including as set out in any privacy policy of which you are given notice; and • as otherwise permitted or required by law.

Electronic Direct Marketing Programs

Multivista may develop electronic direct marketing to those of you who elect to receive electronic mail of certain subjects of interest. In keeping with this Agreement, Multivista does not provide the names and addresses (electronic or otherwise) of users to third parties. Advertisers who participate in Multivista’s electronic direct marketing programs identify the category of users who would be interested in their goods and services. Multivista then sends the advertisements to those who have elected to receive such a category of electronic mail. You may elect not to receive similar electronic mail by requesting the removal of their electronic mail addresses from the mailing list by selecting the appropriate option included with each e-mail advertisement sent by Multivista. In addition, you may ask to be removed from such lists at any time by sending a message to the System administrator.

Reservation of Rights

Multivista reserves the right to suspend or terminate any person or entity’s use of or access to the Web Site if it determines, in its sole and absolute discretion, that such person has used or intends to use the Service in violation of this Agreement. A failure of Multivista to exercise any right provided for herein shall not be deemed to be a waiver of such right.

GOVERNING LAW, LIMITATIONS AND APPROPRIATE FORUM

The laws of the State of Arizona, excluding any rule or principle that would refer to and apply the substantive law of another province or jurisdiction, shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Service as contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose.

MISCELLANEOUS

Assignments

You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Multivista. Any assignment other than as provided for in this Section shall be null and void. Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision to allow it to become enforceable. If the provision cannot be reformed so as to become enforceable, such a provision should be deleted from the Agreement. After such changes are made, the court shall fully enforce this Agreement.

U.S. Government Restricted Rights

This Web Site and the software developed by Multivista to provide the Services through the Web Site are commercial in nature. Any use, duplication or disclosure by the U.S. Government is subject to restrictions as stated in applicable laws and regulations. As consistent with applicable laws and regulations, the commercial computer software on this Web Site are licensed to the U.S. government end users only as commercial items and with only those rights as are granted to all end users pursuant to the terms and conditions herein or per a service agreement with a Multivista service provider.

Termination

Multivista may terminate or suspend your use of the Web Site and underlying software for any reason. Termination or cancellation of your use of the Web Site and underlying software shall not effect any right or relief to which Multivista may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Multivista.

Notice

Official correspondence must be sent via postal mail to: Multivista Systems, LLC, 2111 E. Highland Ave, Phoenix, AZ 85016

Entire Agreement

This Agreement is complete and effective at the time you begin use of the Web Site and Service. REGARDING USE OF MULTIVISTA’S WEB SITE AND MULTIVISTA’S SOFTWARE, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES EXCEPT FOR ADDITIONAL TERMS AND CONDITIONS FOR CLIENTS UTILIZING THE SERVICE UNDER A SERVICE AGREEMENT WITH A MULTIVISTA FRANCHISE. In the event that any inconsistencies exist between this Agreement and any future published terms or understanding, the last published Agreement or terms of use shall control. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY MULTIVISTA CONSTRUCTION DOCUMENTATION INC

Jump to: Privacy Policy | Terms and Conditions

Privacy Policy and Security

MULTIVISTA’S HANDLING OF YOUR INFORMATION

Please read this agreement carefully.

USE AND PROTECTION OF USERNAME AND PASSWORD

CONSENT TO USE PERSONAL INFORMATION

Electronic Direct Marketing Programs

Reservation of Rights

Notice

Official correspondence must be sent via postal mail to: Multivista Systems, LLC, 2111 E. Highland Ave, Phoenix, AZ 85016