Effective: January 22, 2019

These terms of use (“Terms of Use”) apply to your use of all Websites (defined below) that Viewpoint, Inc. and its subsidiaries (“Viewpoint” or “we”) operates. For the purposes of these Terms of Use, the term “Websites" refers collectively to viewpoint.com, clearview.viewpoint.com, as well as the other websites that Viewpoint operates and that link to these Terms of Use. Users of the Websites may include current customers, potential customers, business partners, and other Website visitors (collectively, “Users”).

These Terms of Use do not apply to your access to and use of the products and services that we market on our Websites (“Offerings”). Whether you are an enterprise customer or end user of Viewpoint's Offerings, your use the Offerings is governed by the applicable agreement or terms of service between you and Viewpoint relating to your access to and use of such Offerings.

Your use of a Website constitutes your agreement to be bound by, and to act in accordance with, all terms, conditions, and notices set forth in these Terms of Use. If you do not agree to these Terms of Use, please do not use any Website.

  1. Changes to Websites. Viewpoint reserves the right to modify, suspend, or discontinue any Website, any portion of a Website, and any information or offerings made available through a Website.
  2. Username and Password. To use certain features of the Websites, you must register with a username and password. By registering for a Website, you represent and warrant that all information that you provide is current, complete, and accurate to the best of your knowledge. You are responsible for maintaining the confidentiality and security of your username and password. You are responsible for all activity occurring under your username and password. You agree to promptly notify Viewpoint of any unauthorized use of your username or password or any other breach of security to which you become aware.
  3. No Unlawful or Prohibited Use. As a condition of your use of a Website, you warrant to Viewpoint that you will not use any Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not engage, without limitation, in the following activities:
    1. Gaining unauthorized access to, or attempting to compromise the normal functioning, operation, or security of, any network, system, computing facility, equipment, data, or information;
    2. Engaging in any activity or behavior that may interfere with the ability of others to access or use the Website, or that is likely to result in retaliation against the Website, other Users, or Viewpoint’s employees, officers, or other agents, including, without limitation, anything that results in any server being the target of a denial of service attack;
    3. Monitoring any data, information, or communications on any network or system not owned by you without authorization, or attempting to intercept, redirect, or otherwise interfere with communications intended for others;
    4. Gaining or attempting to gain unauthorized access to accounts, passwords, devices, or networks without permission, or purposely altering or forging anyone's identity to gain such access, or concealing, forging, or otherwise falsifying identities in connection with any use of the Website;
    5. Transmitting any advertising, promotional materials, contests, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not;
    6. Licensing, sublicensing, selling, renting, or otherwise commercially exploiting the Website to any third party;
    7. Transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or “spyware” programs; or
    8. Load testing, probing, scanning, penetration, or vulnerability testing of the Website.
    Viewpoint reserves the right, but has no obligation, to investigate your use of the Website to determine whether you have violated these Terms of Use or failed to comply with any applicable law.
  4. Privacy Notice. Viewpoint is committed to handling personal information you provide through the Websites in compliance with our Privacy Notice. By using a Website, you acknowledge our Privacy Notice.
  5. Intended Users. By accessing and using a Website, you affirm that you are at least 18 years old or that you are over the age of 13 and have express permission of your parent or guardian. You further affirm that you are competent and capable of understanding and complying with these Terms of Use. Viewpoint will never knowingly solicit or accept personally identifiable information from children under the age of 13 and will never knowingly contact children under the age of 13.
  6. User Content and Interacting with Other Users. Certain Websites contain interactive features that may allow you to post photos, reviews, advice, Feedback (defined below), responses, and other content (collectively, “User Content”). As between you and Viewpoint, you retain ownership over your User Content.
    1. By providing User Content, you hereby grant us permission to use, copy, and modify your User Content for the purpose of operating, developing, providing, improving, and marketing the Websites and Viewpoint products and services. This license is transferable and irrevocable. After you stop using a Website, copies of your User Content may continue to exist within the Website or in our systems and applications. However, you acknowledge that we have no obligation to maintain your User Content after termination of your account. You acknowledge that User Content will be exposed to other Users, who may copy, re-post, and otherwise use your User Content in connection with the Websites. Viewpoint may make archival and back-up copies of User Content indefinitely or as otherwise permitted under applicable laws. You agree that Viewpoint has no responsibility or liability for the deletion of any User Content
    2. User Content may include ideas, suggestions, documents, and proposals (collectively, “Feedback”). Providing Feedback is voluntary. With respect to Feedback, you acknowledge that: (i) Viewpoint is not under any obligation of confidentiality, express or implied; (ii) Viewpoint may have something similar to the Feedback already under consideration or development; (iii) you hereby grant to Viewpoint a perpetual, irrevocable, sublicenseable, transferable, unlimited, worldwide, license to copy, distribute, modify, and otherwise use your Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from Viewpoint for your Feedback.
    3. By posting User Content, you represent and warrant that the use and posting of the User Content will not infringe, misappropriate, or otherwise violate the copyright, trademark, trade secret, right of publicity, or other proprietary, privacy, or other rights of any third party. You shall be solely liable for any damages resulting from any infringement, misappropriation, or other violation of copyright, trademark, trade secret, right of publicity, or other proprietary, privacy, or other right of any third party, or any other harm resulting from your User Content.
    4. You acknowledge that User Content is not prescreened. Viewpoint reserves the right to remove User Content at its sole discretion. You may not post any User Content that falls into any of the following categories: (i) User Content that is prohibited under Section 3 of these Terms of Use; (ii) User Content that is unrelated to Viewpoint or its products and services; (iii) confidential or proprietary information of Viewpoint or any third party; (iv) personal emails, support tickets, or chat dialogues; (v) User Content that contradicts best practices or acceptable use of Viewpoint products and services; (vi) User Content that insults individual employees of Viewpoint; or (vii) User Content that does not otherwise add value to the Websites.
    5. We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of a Website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with international trade issues and foreign nationals. By using a Website, you assume all associated risks.
  7. Copyright Policy; DMCA. Viewpoint respects the intellectual property rights of others. If you believe your intellectual property has been displayed or otherwise used on the Website in a manner that constitutes copyright infringement, please provide the following information to the designated agent listed below:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the Website;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    Viewpoint’s designated agent for notice of claims of infringement may be reached as follows:

    Viewpoint, Inc.
    Attn: General Counsel
    Address: 1515 SE Water Avenue, Suite 300, Portland, Oregon 97214, U.S.A.
    E-mail: legal@viewpoint.com
    Phone: (971) 255-4800
    Fax: (971) 255-4749
  8. Use of Website Materials and Trademarks. All materials provided through the Websites, such as training materials, webinars, whitepapers, videos, photos and graphics, features and functionality, and the software powering the Websites (“Materials”), are the sole and exclusive property of Viewpoint or its licensors. Viewpoint and its licensors retain all right, title, and interest (including all copyright, trademark, and all other proprietary rights) in the Website and the Materials. Unless otherwise provided in these Terms of Use or in a specific portion of the Website, you may not copy, modify, distribute, sell, license, or distribute the Materials, except that you may access and download one copy of the Materials on any single computer solely for your own personal use, provided you keep intact all copyright, trademark, and other proprietary notices on the materials. This license is conditioned on your compliance with these Terms of Use. Your use of the trademarks, service marks, trade names, and logos on the Websites (“Marks”) in any manner other than as provided in these Terms of Use or allowed by law, or as authorized in writing by Viewpoint or the owner of the applicable Mark, is strictly prohibited.
  9. Links to Third-Party Sites. The Website may contain links to other websites (“Linked Sites”) as a convenience to you. If you click on the Linked Sites, you will leave the Website and be subject to the terms of use and privacy notices of the Linked Sites. The Linked Sites are not under the control of Viewpoint, and Viewpoint is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
  10. Warranty Disclaimer. THE WEBSITES AND MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. VIEWPOINT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE MATERIALS OR WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS AND WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIEWPOINT HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE MATERIALS AND WEBSITES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VIEWPOINT EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE WEBSITES WILL MEET THE USER’S REQUIREMENTS, THAT THE WEBSITES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT COMMUNICATIONS TO OR FROM THE WEBSITES WILL BE SECURE AND NOT INTERCEPTED, THAT THE CAPABILITIES OFFERED ON THE WEBSITES WILL BE UNINTERRUPTED, OR THAT ACCESS TO OR USE OF THE WEBSITES WILL BE FREE FROM ERRORS OR DEFECTS OR THAT SUCH ERRORS OR DEFECTS WILL BE CORRECTED.
  11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIEWPOINT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE, INABILITY TO USE, DELAY, OR PERFORMANCE OF THE WEBSITE(S); (B) THE MATERIALS; OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE(S), WHETHER BASED ON CONTACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY, EVEN IF VIEWPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE(S), OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE(S).
  12. Limitations to Sections 10 and 11. Applicable law may not allow the exclusion of certain warranties or the exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions in Sections 10 and 11 may not apply to you. However, in no event shall Viewpoint’s total liability to you for damages, losses, and causes of action (whether in contract, tort, negligence, strict liability, or other theory of liability) exceed $500 USD.
  13. Indemnification. Upon request from Viewpoint, you agree to defend and indemnify Viewpoint and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, causes of action, or demands, including without limitation reasonable attorneys’ fees and costs, arising out of or relating to your breach of these Terms of Use, your User Content, your violation of any law or right of any third party through your use of a Website, or your use or misuse of the Website.
  14. Termination/Access Restriction. In the event that Viewpoint suspects that you have violated any of these Terms of Use, Viewpoint may in its sole discretion, immediately terminate your access to the Website(s), or any portion thereof without liability. Upon such termination, you must immediately discontinue use of the Website(s). Upon termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account. Viewpoint may retain copies of information and content related to your account for archival and backup purposes.
  15. Discontinued Use/Survival. You may discontinue your participation in and access to any Website at any time. These Terms of Use will continue to apply to all past use of the Website by you, even if you are no longer using it, whether voluntarily or because Viewpoint terminated your access.
  16. Modification to Terms of Use. We may modify or amend these Terms of Use from time to time at our discretion. When we make changes to these Terms of Use, we will amend the effective date and the modified or amended Terms of Use will apply to you as of that effective date. We encourage you to review these Terms of Use periodically to stay informed.
  17. Contact Us. Contact Viewpoint in any of the following ways if you have any comments or questions about these Terms of Use.

    Address: 1515 SE Water Avenue, Suite 300, Portland, Oregon 97214, U.S.A.
    E-mail: legal@viewpoint.com
    Phone: (971) 255-4800
    Fax: (971) 255-4747
  18. General. These Terms of Use will be governed by and construed in accordance with the laws of Oregon and applicable United States federal law without reference to choice of law principles. Any dispute or legal action arising out of these Terms of Use or your use of any Website may be litigated only in the state or federal courts located in Multnomah County, Oregon. You and Viewpoint expressly agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action. If any part of these Terms of Use are held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. You may not assign these Terms of Use or any right or license granted in these Terms of Use to another party. Viewpoint may assign these Terms of Use without restriction.