These terms of use (“Terms”) are entered into by and between any individual, entity, or a party-in-interest (“you”) that visits viewSavvy.com (the “Website”), and Carmel Solutions LLC (“Carmel”, “we”, “our” or “us”). The Website and affiliated web pages owned by Carmel, or an authorized third party, provide users with information concerning Carmel’s products and services (collectively, the “Services”). Carmel provides the Website to you subject to the Terms, which may be updated from time to time without notice. The Terms govern your access to and use of the Website, including any content, functionality and Services offered on or through the Website, whether as a guest or a registered user. Your use of the Website and affiliated websites is governed by these Terms. In addition, when using particular third-party Carmel services, you may be subject to additional terms and conditions, which are incorporated by reference into the Terms.
1. Acceptance of Agreement
Please read the Terms carefully before you start to use the Website. By using the Website, using the Services offered through the Website, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by the Terms and our Privacy Policy, found at https://carmelsolutions.com/privacy/, which is incorporated herein by reference. If you do not want to agree to the Terms or the Privacy Policy, you must not access or use the Website.
In consideration of your use of the Website and the Services, you represent and warrant that you are of legal age to form a binding contract and are not prohibited from receiving the Services under the laws of your jurisdiction. You also agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration forms (such information being the “Client Data”) and (b) maintain and promptly update the Client Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Carmel has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Carmel has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. Changes to the Terms of Use
We may revise, update, add to, or delete from the Terms from time to time at our sole discretion. Unless otherwise stated, all changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Terms will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
3. Accessing the Website and Account Security
We reserve the right to withdraw, change, or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to certain parts of the Website, or to the entire Website, for users, including registered users. You are responsible for both:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, found at https://carmelsolutions.com/privacy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are responsible for all activities conducted under your account, whether or not authorized by you. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Modifications to Services
Carmel reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Carmel will not be liable, except as required by applicable law, to you or to any third party for any modification, suspension, or discontinuance of the Services.
5. Changes to Services, Rates or Fees
Carmel reserves the right, at its sole discretion and subject to applicable law, to make any necessary updates, modifications, and adjustments at any time to Services’ descriptions, rates, or fees without prior notice. Carmel endeavors to provide content on the Website and affiliated sites that are current and accurate. Errors and misprints may occur. Carmel reserves the right to reject, correct, cancel, or terminate any request for Services for which the price was incorrectly displayed or where Carmel displayed erroneous or inaccurate information, regardless of the stage of an order’s processing, including after an order has been submitted. Carmel is not obligated to provide the Services based on errors or misprints on our Website.
6. Privacy
Member or user data and certain other information about you are subject to our Privacy Policy as set forth at https://carmelsolutions.com/privacy/. You understand that through your use of the Services, you consent to the collection, use, and disclosure of this information only as permitted by our Privacy Policy, including the transfer of this information within the United States and/or to other countries for storage, processing, and use by Carmel and its affiliates as necessary to provide the Services to you.
7. Authorized use of Materials on Website
All information, material, and content published or accessible through the Website is protected by copyright, trademark, and other intellectual property and proprietary rights and laws. All such Website content (“Content”) is copyrighted by Carmel, except where indicated otherwise. Certain names, words, titles, phrases, logos, icons, graphics, designs, or other content on the Website are trade names or trademarks owned by Carmel or third parties and may not be used without permission. You may not modify, copy, distribute, transmit, display, perform, reproduce, or use for commercial purposes any information or Services obtained from the Website without proper authority from Carmel, except as expressly stated above.
8. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with the Terms. You agree not to use the Website:
Additionally, you agree not to:
Any attempt to interfere with the proper functioning, security, or integrity of the Website or Services is strictly prohibited.
9. Posting Content
When interacting with Carmel via the Website, you agree to provide only true and accurate Client Data, or general information not considered to include Client Data (collectively herein with Client Data, “User Contributions”). Further, you understand that providing confidential information via email or public discussion boards on this, or any other Website is an unsafe practice. You understand that you are solely responsible for all User Contributions you transmit over the internet using this Website provided by Carmel. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
10. Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE ANY CAUSE OF ACTION AGAINST CARMEL AND HOLD CARMEL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY THIRD-PARTY CLAIMS, OR ANY ACTION BY LAW ENFORCEMENT OR ANY OTHER GOVERNMENTAL AUTHORITY.
However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
11. Links to Third Parties
Links to third-party websites from the Website are meant for convenience only. Carmel does not review or control these third-party websites and is not responsible for any third-party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. Linking to any other site is at your own sole risk, and Carmel will not be responsible or liable for any damages associated with linking.
12. Disclaimer
Carmel and its employees, agents, affiliates, partners, and suppliers provide all Content and Services available through the Carmel and its affiliates’ websites “as is”, without warranties, representations, and conditions of any kind, whether express or implied. Carmel makes no representation, warranty, or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of the site, the Services, or of any Content within the site. The Website, the Content, and the Services are provided to you strictly on an “as is” basis. Except as specifically set forth in this agreement, all conditions, representations and warranties regarding the Website, the Content, and the Services, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third-party rights, are disclaimed to the maximum extent permitted by applicable law by Carmel. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
CARMEL HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CARMEL, NOR ANY OF ITS PARTNERS, ASSOCIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER SITE USER OR ANY THIRD PARTY FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL OR REPUTATION; OR (f) DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE POSTING OR NON-POSTING OF DOCUMENTS AND INFORMATION, THE DESIGN, FUNCTIONALITY OR USE OF THE WEBSITE, THE RELIANCE ON ANY STATEMENT OR ADVICE FROM ANY OTHER USER OF THE WEBSITE, OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR ANY PART THEREOF OR TO ANY DOCUMENTS AND INFORMATION, OR OUT OF ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED.
IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF CARMEL ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID TO CARMEL BY YOU FOR USE OF THE WEBSITE OR SERVICES SUBECT TO THESE TERMS, THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
You agree to indemnify and hold Carmel, its affiliates, partners, attorneys, staff, and each of their respective directors, officers, employees, consultants, agents, and suppliers harmless from any costs or damages or any kind, including reasonable legal fees, arising from a claim or demand pertaining to your use of the Content or Services, breach of these Terms, or your violation of any rights of another, except to the extent where you can show that such costs or damages were caused by Carmel. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party against the other party arising out of or related to this Agreement, the prevailing party is entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
15. Website Availability
The Website is not intended to be used by you in any jurisdiction or country outside of the United States, and Carmel makes no claims that the Website or any of its Content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Applicable federal and state laws of the United States shall govern your use of this Website. If you are a non-U.S. resident, these laws may not provide the same level of protection as the laws of the country of your residence.
16. Severability of Clauses
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Subheadings used in the Terms are not to be used to construe or interpret the Terms.
17. Entire Agreement
The Terms, or other terms herein incorporated by reference, constitute the entire agreement between you and Carmel and govern your use of the Website, Content, and the Services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain Services, affiliate services, third-party content, or third-party software.
18. Waiver
The failure of Carmel to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. A waiver on one or any such occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
19. Non-Transferable
This Agreement is not transferable by you in any way and may not be assigned to any third party without our written consent. Carmel may transfer this agreement to a third party without giving notice to you.
20. No Third Party Rights
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.
21. Forum Choice
The Terms and the relationship between you and Carmel shall be governed and construed by the laws of the State of Indiana and the applicable laws of the United States, without regard to its conflict of law’s provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the State of Indiana located in the county of Hamilton, in any action or dispute related to the Terms.
22. Arbitration and Class Action Waiver
At Carmel’s sole discretion, to the extent permitted by applicable law, it may require you to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.
To the extent allowed by law, you agree to irrevocably waive any right you may have to a trial by jury or other court trial (other than small claims court) or to serve as a class representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, class arbitration, consolidation of individual arbitrations, or other proceeding filed against us and/or related third parties.