Terms of Use

Effective Date: April 5, 2019

Welcome to Vew operated by Eturi Corp. (“Eturi”, “we”, “our”, or “us”). Please read our Terms and Conditions (“Terms”) in its entirety. These Terms govern your use of the Services, as defined below. These Terms apply to the access and use of this site located at vewapp.com (“Site”) and/or Vew applications, including those for use on mobile devices, tablets, personal computers and any other devices that connect to the Internet (“Vew Applications”). The Site and Vew Applications are collectively referred to herein as “Services.” By using the Services, you are consenting to the practices described in these Terms, Privacy Policy, and End User License Agreement incorporated herein by reference. If you do not agree with these Terms, please discontinue use of the Services.

The Terms apply exclusively to the Services and do not alter in any way the terms and conditions of any other agreement the user may have with Eturi regarding its products or services. To the extent the Terms and any other agreements relating to Eturi’s products and services conflict, the Terms shall prevail as related to the Services.

The Services are intended solely and exclusively for residents of the United States. Accordingly, these Terms are directed only towards residents of the United States. By using our Services, you represent that you are not a European Union resident. It is a violation of these Terms to use the Services if you are located outside of the United States, including in the European Union.

PLEASE NOTE THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. FOR MORE INFORMATION ABOUT THE BINDING ARBITRATION PROVISION AND HOW TO OPT OUT, PLEASE SEE BELOW.

Account

You may be asked to register for an account. You agree to take all necessary and appropriate steps to prevent unauthorized access to your account. You agree to immediately notify us at support@vewapp.com if you suspect or experience any unauthorized access to your account. We may require that you update your account password and/or username from time to time.

By registering for an account, you represent and warrant that the information you provide is accurate and complete. If you register under automated means or under false or fraudulent pretenses, your account may be deleted by Eturi.

Eturi may, in its sole discretion, with or without reason or cause, without notice or liability to you or any third party, terminate your account.

Copyright & Trademarks

Eturi, the Eturi logo, Vew, and the Vew logo, are the trademarks of Eturi Corp. All materials on the Site and Vew Applications, including but not limited to design, text, graphics and content are the property of Eturi. They may not be copied, reproduced, or used in whole or in part, without the prior express written consent of Eturi.

Permissions You Give to Us.

We need certain permissions from you to provide our services:

Third Party Websites

This Site may contain images of and links to third party websites (“Linked Sites”). The Linked Sites are not under the control of Eturi and Eturi is not responsible for examining or evaluating any Linked Sites, and Eturi does not warrant the offerings of any of these businesses or individuals or the content of the Linked Sites. Eturi does not assume any responsibility or liability for the actions, product, and content of all these Linked Sites and any other third parties. Eturi is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Eturi of any Linked Sites or any association with its operators, or with any of its products or services. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES

ETURI PROVIDES ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ETURI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, REGARDING THE USE OF ITS WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ETURI OR THROUGH THE ETURI SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. ETURI MAKES NO REPRESENTATIONS WITH RESPECT TO ITS SERVICES, ITS SERVERS, OR EMAILS SENT FROM ETURI, AND DOES NOT WARRANT THAT ITS SERVICES, ITS SERVERS, OR E-MAILS SENT FROM ETURI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WHILE ETURI MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION, ETURI CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OF ITS SERVICES. THE CONTENT OF ITS SITE MAY CONTAIN INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. ETURI RESERVES THE RIGHT TO UPDATE, REVISE, ADD TO, CHANGE OR IMPROVE THE INFORMATION, CONTENT AND DOCUMENTS ON ITS SITES AND VEW APPLICATIONS AT ANY TIME WITHOUT NOTICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ETURI BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY ECONOMIC, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF FORESEEABLE OR EVEN IF ETURI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ETURI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.

Indemnification

You agree to defend, indemnify and hold Eturi harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Third-Party Claim") brought or asserted against Eturi arising from, related to, or connected with these Terms or your use of the Services. If you are obligated to provide indemnification pursuant to this provision, Eturi may, in its sole and absolute discretion, control the defense, settlement and disposition of any Third-Party Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Third-Party Claim without the consent of Eturi.

BINDING ARBITRATION

Please read this provision carefully.

These Binding Arbitration terms govern only your relationship with the Services. They do not govern any other conduct related to your dealings with Eturi.

You have the right to reject the Binding Arbitration terms as set forth in this section (Binding Arbitration). If you reject, neither you nor Eturi can require the other to participate in an arbitration proceeding. You can reject arbitration by contacting us by email at legal@vewapp.com, stating that you would like to reject the arbitration provision. To be effective, your e-mail must be sent within thirty (30) days of the date that you first became subject to this Binding Arbitration provision. You do not have the right to reject any other provisions in these Terms.

This section provides that disputes between you and us may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. This section is governed by the Federal Arbitration Act (FAA), and shall be interpreted in the broadest way the law will allow.

Covered Claims

You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to these Terms or your use of the Website (“Claims”). If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim.

Except as set forth below, all Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other Claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as an agent, representative, third party vendor or an affiliated/parent/subsidiary company.

Arbitration Limits

Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter remains in small claims court.

If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt.

Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any Claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of two (2) or more persons may not be combined in the same arbitration.

Administration

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures before a single neutral arbitrator. For a copy of JAMS procedures, to file a Claim or for other information, contact JAMS by calling (800) 352-5267 or by visiting www.jamsadr.com. A copy of the current JAMS rules is available from the JAMS website at www.jamsadr.com/rules-comprehensive-arbitration/.

Any award by an arbitrator shall be binding and final. Judgment on the award may be entered in any court having jurisdiction.

Paying for Arbitration Fees

The arbitrator may determine how the costs and expenses of the arbitration will be allocated between the parties and may award attorneys’ fees.

General Matters

Governing Law and Venue

These Terms are binding upon each party hereto and its successors and permitted assigns and shall be governed by and construed in accordance with the laws of the State of California without reference to the conflict of law principles thereof.

If you have validly rejected the Binding Arbitration provision, all actions or proceedings arising in connection with these Terms shall be resolved exclusively in the state or federal courts located in San Diego County, California, and to submit to personal jurisdiction of the courts located in San Diego County, California for the purpose of litigating all such disputes. This choice of venue is intended by the both of us to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, these Terms in any jurisdiction other than that specified in the Binding Arbitration provision. Both parties waive any right either may have to assert the doctrine of forum non conveniens or similar doctrine or to object to the venue with respect to any proceeding brought in accordance with this section. You agree to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

Assignment

We may, at any time, sell, transfer or assign any or all of our rights or duties under these Terms. If we do so, we can share information concerning your account and services with prospective transferees or assignees as provided for in our Privacy Policy.

These Terms and all of your rights and obligations under it are not assignable or transferable by you without the prior written consent of Eturi.

Third-Party Rights

You acknowledge that these Terms and your account are for your exclusive benefit and convenience. Neither can be transferred to any other person and no other person may claim rights under these Terms or through your account. Nothing contained herein shall be construed as granting, vesting, creating or conferring any right of action upon any other third party. This provision is not intended to limit or impair the rights that any person may have under applicable Federal statutes.

No Waiver

No waiver under these Terms is effective unless it is in writing, identified as a waiver to these Terms, and signed by the party waiving such right. No delay or omission by us to exercise any right, remedy, power, privilege, or condition in enforcing any term or condition of these Terms, or act, omission or course of dealing with you, shall impair any such right, remedy, power, privilege, or condition or be construed to be a waiver thereof. Any waiver by us of any covenant, condition, or agreement to be performed by you shall not be deemed to be a waiver of any future occasion. Unless stated otherwise, all remedies provided for in these Terms shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

Severability

If any of the terms and conditions in these Terms are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions of these Terms and will not affect the validity and enforceability of the remaining provisions.

Modification of these Terms

We reserve the right to amend the Terms at any time and without notice. Your continued use of the Services after the implementation of any changes will signify your acceptance of the Terms.

Entire Agreement

These Terms (and the documents incorporated herein) constitute a single, integrated, written contract expressing the entire agreement between you and us relative to the subject matter hereof. No covenants, agreements, representations, or warranties of any kind whatsoever have been made by you or by us hereto, except as provided for herein.

Contact Us

If you have any questions regarding these Terms, please e-mail us at legal@vewapp.com.