Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Effective: June 2012

Configio offers this website, including its content, site functionality, and services (the “Website”) to you, the user, subject to and conditioned on your acceptance of the terms and conditions set forth below together with our privacy policy, found at http://configio.com/privacy-policy/.
By using the Website, you agree that you have read, understand, and are bound by these Terms of Use. Configio may, in its sole discretion, revise these Terms of Use from time to time by updating the Terms of Use, with the new terms taking effect on the date of posting. You should review the Terms of Use every time you use this Website as they are binding on you. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

 

Copyright

Configio and its licensors retain full copyright ownership, rights and protection in all material contained on the Website (including all digital images, software, HTML code and other code). Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Website without the prior consent of Configio. 

All content of the Website is Copyright 2016 Configio. All rights reserved.

 

Copyright infringement

Configio does not condone copyright infringement on its Website, and will remove any allegedly infringing content if properly notified of the infringement, if Configio determines that the material was used without authorization.

 

Prohibited Conduct

By using or accessing the Website, you represent, warrant and agree that you will not:

  • do anything that could disable, overburden or impair the proper working of the Website;
  • use any robot, spider, scraper or other automated means to access the Website;
  • send spam or any other unauthorized advertisements or solicitations through or using the Website;
  • harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Website;
  • solicit private information (including social security numbers, credit card numbers and passwords) from users of the Website;
  • intimidate or harass any user;
  • do anything that is illegal, infringing, fraudulent, malicious or could expose Configio or users of the Website to harm or liability; or
  • attempt, encourage or facilitate any of the above.

 

Third Party Content

Configio may provide content of third parties (“Third Party Content”) as a service to those interested in this information. Configio generally does not monitor, approve or have any control over any Third Party Content. Configio does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. Configio is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.

 

Corporate Identification and Trademarks

All trademarks, service marks and trade names of Configio and its partners and licensors (including without limitation: Configio, the Configio logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of Configio or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Configio’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

 

Disclaimer of Warranties

THE WEBSITE IS PROVIDED: (1) WITH ALL FAULTS AS IS AND AS AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE WEBSITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

 

Limitation of Liability

IN NO EVENT SHALL CONFIGIO OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONFIGIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONFIGIO SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED TEN U.S. DOLLARS ($10.00). Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.

 

Assignment of Rights

Configio retains the right to assign its rights, privileges, responsibilities, and obligations, as identified in these Terms of Use or in other documents, to a third party, in whole or in part, for administration, technical support, marketing, or any other purpose at any time without providing notice to you or other Users through the Website or by any other means.

 

Indemnification

You agree to defend, indemnify and hold Configio, its parents, officers, directors, employees and agents, sponsors, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal fees, related to or arising out of: the content, use of the Website or related sites, any assistance or services provided by us, any alleged unauthorized use of the Website, or your use of the Website in a manner that violates or is alleged to violate these Terms of Use. Configio will provide you with prompt notice of any such claim, suit or proceeding and reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

 

Links

The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Configio of the sites, but is for your reference and convenience only. Configio has no control over the sites to which its Website links or the content at those sites, and the data collection practices of linked sites will be governed by the respective privacy policies of those sites, not by that of Configio. Configio is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website, nor does Configio recommend or endorse any specific tests, products, services or procedures that may be mentioned on or represented on the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms of Use of Use of any linked site.

Among the links that the Website may provide are links to certain services offered by third party providers, not by Configio. Services offered to you by the third party providers are subject to the terms and conditions posted on those parties’ respective websites. Configio is not responsible for any of the activities of any third party provider in offering online or other services or for any conduct by any user in connection with third party services.

Under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages. Each page of the Website displayed must appear in full (including all trademarks and branding), without any accompanying frame, border, margin, design, branding, trademark or promotional materials not originally displayed on the page within the Website.

 

Notices

Configio may deliver notice to you under these Terms of Use by means of a general notice on the Website, or by email if it has your email address.

You may give notice to Configio at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

Configio
1421 N. Mullan, Suite A
Spokane Valley, WA 99206
Attention: Legal Notice

Phone: 509-241-1320

 

Termination

You agree that Configio may modify or discontinue the Website, with or without notice to you. You agree that Configio will not be liable to you or any third party as a result of such modification or discontinuation. You agree that Configio may terminate your use of the Website if Configio reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use of Use, or violated the rights of Configio or any third party, or for any other reason with or without notice to you.

 

General Provisions

You expressly agree that exclusive jurisdiction for any dispute with Configio or in any way relating to your use of the Website (“Legal Action”), resides in the courts of Spokane County in the State of Washington. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Spokane County in the State of Washington in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Western District of Washington.

These Terms of Use are governed by the internal substantive laws of the State of Washington, without regard to conflict of law principles.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.