Last updated: January 20, 2022
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITES.
1. Use License.
The content of the Sites, including, without limitation, trademarks, designs, logos, text and images (collectively, “Content”), is the copywrited work of Assistiv, and Assistiv expressly retains all right title and interest in and to the Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms, any use of the Content may violate copyright and/or other applicable laws.
Assistiv grants you the limited, revocable, non-transferable, non-exclusive right to use the Content by displaying the Content on your computer, and downloading and printing pages from the Sites containing Content, under the condition that (a) such activity is solely for your personal, education or other noncommercial use, (b) you do not modify or prepare derivative works from the Content, (c) you do not obscure, alter or remove any notice of copyright set forth on any pages of Sites or Content, (d) you do not otherwise reproduce, re-distribute or publicly display any of the Content and (e) you do not copy Content to any other media or other storage format. No other use of the Content is authorized. Except as specified above, nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, trademark, copyright or any other intellectual property right of Assistiv or any third party. All Content is provided for informational purposes only.
Assistiv reserves the right, but does not undertake the obligation, to monitor the use of Sites and any Content, and to investigate and take appropriate legal action against any party that uses the Sites or Content in violation of these Terms or applicable law.
The Sites may contain links to third party websites and services, and you agree that Assistiv provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that Assistiv does not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Sites is at your own risk, and Assistiv is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service.
If you transmit any communications or materials to Assistiv by mail, email, telephone, or otherwise, suggesting or recommending changes to the Sites or Content, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Assistiv is free to use, without compensation, such Feedback irrespective of any other obligation or limitation between the you and Assistiv governing such Feedback.
4. Warranty Disclaimer.
THE SITES AND CONTENT IS PROVIDED “AS IS” AND ASSISTIV HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ASSISTIV SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ASSISTIV MAKES NO WARRANTY OF ANY KIND THAT THE CONTENT, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, BE AVAILABLE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
You shall indemnify, hold harmless, and, at Assistiv's option, defend Assistiv from and against any and all loss, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to (a) a third party claim resulting from use of the Sites in a manner not authorized by these Terms or (b) your use of the Sites or Content.
6. Limitations of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ASSITIV SHALL NOT BE LIABLE TO YOU FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ASSISTIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
Assistiv may terminate these Terms, your access to the Sites and Content at any time and for any reason upon notice to you.
8. Additional Terms.
(a) Modifications. Assistiv may revise these Terms at any time without notice. By using the Sites you are agreeing to be bound by the then current version of these Terms.
(b) Miscellaneous. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. Neither party may assign these Terms without the prior written consent of the other party. These Terms contain the entire agreement (and supersede all prior written and oral agreements) between the parties and/or their Affiliates regarding the subject matter of these Terms. If a court or other body of competent jurisdiction finds any provision of these Terms (or portion thereof) to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of these Terms will continue in full force and effect. No provision of these Terms may be waived except by a writing executed by the party against whom the waiver is to be effective. A party’s failure to enforce any provision will not be construed as a waiver of the provision nor prevent the party from enforcing any other provision. As used in these Terms, the words “include” and “including” and variations shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words “without limitation.” Except as set forth in Section 8(a), these Terms may not be amended or modified except by a writing signed by both parties. These Terms may be delivered or digital transmission.
(c) Notices. If you have a dispute with Assistiv, wish to provide notice under this Agreement, or become insolvent or other legal proceedings, you must promptly send notice to Assistiv at 185 NE Snohomish Ave, PO Box 481, White Salmon, WA 98672; Attn: Legal.
(d) Governing Law; Submission to Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Washington.