Last Modified: March 28, 2014
Your use of certain pages or services within the Site, or products and/or software you purchase or license from us (such as EyeDetect™), may be subject to additional terms and conditions. For example, your use of EyeDetect™ is subject to the terms set forth in the EyeDetect™ Agreement, including any additional terms attached thereto or referenced therein. If you do not agree to be bound to such additional terms and conditions, you should not indicate any assent or acceptance of such additional terms and conditions.
Ownership and Scope of Use
Rules of Conduct
By using the Site, you represent that you are at least eighteen (18) years old. You agree to comply with all applicable laws and contractual obligations when you use the Site, and agree not to:
- “harvest” (or collect) information from the Site using an automated software tool or manually on a mass basis, including, but not limited to, information about our offerings, products, services, and promotions;
- use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
- “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems; or
- restrict or inhibit other users from using or enjoying the Site.
If you are provided with an account ID or PIN, you must treat such information as confidential, and you must not disclose it to any third party. You are responsible for all activities that occur under your account ID or PIN, if any. You agree to immediately notify Converus of any unauthorized use of your account ID or PIN or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
The communications between you and Converus via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Changes to the Site
Converus reserves the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such change, suspension or discontinuance.
Suspension or Termination of Access
Unless otherwise set forth in a written agreement between you and Converus, you must adhere to Converus’s linking policy as follows: (i) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Converus or its trademarks, service marks, or logos; (ii) the appearance, position, and other attributes of the link may not create the false appearance that your website or organization is sponsored by, affiliated with, or associated with Converus; and (iii) when selected by a user, the link must open the Site in a new browser window which displays the full-screen version of the Site, not within a “frame” on the linking website. Converus reserves the right to revoke its consent to the link to the Site at any time and in its sole discretion.
Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND CONVERUS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER CONVERUS NOR ANY PERSON ASSOCIATED WITH CONVERUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER CONVERUS NOR ANYONE ASSOCIATED WITH CONVERUS REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability
IN NO EVENT WILL CONVERUS, OUR affiliates, OR OUR OR their OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR ANY CONTENT ON THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CONVERUS, OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Governing Law; Jurisdiction and Venue
Limitation on Time to File Claims; Waiver of Jury Trial
Waiver and Severability
Entire Agreement; No Third-Party Beneficiaries
Attn: Legal Matters
3315 Mayflower Ave., Ste #2
Lehi, Utah 84043
Converus (“with truth”) is committed to providing trustworthy, technological solutions for deception detection. EyeDetect is an alternative technology for deception detection that is accurate, cost-effective, efficient, secure and nonintrusive. It allows businesses to manage risk and ensure workplace integrity, and assists law enforcement agencies and governments to detect deception.