ADVANCED FIELD SERVICES - TERMS OF USE

REVISION 11/28/2007

We are Advanced Field Services, a division of EagleEye Analytics, Inc. Welcome to our website.

1. Using This Website.
   
   Please read these terms of use carefully. They apply to your use of our websites, including any content, materials, features, and services offered on them. Additionally, your access to and use of certain services and information provided by AFS through this website may be subject to a separate agreement with AFS and all of the applicable terms and conditions of such agreement shall apply to your access to and use of such services and information. If there is a conflict between these terms of use and the terms of any such agreement, the latter terms apply to your use of that portion of this website and the related services and information. These terms of use do not apply to those of our websites that do not display or link to these terms of use or that have their own terms of use. By using this website, you acknowledge that you have read these terms of use and agree to follow them.

   If you have any questions about these terms of use, please email us at termsofuse@afsweb.com. You can also reach us at:

   Terms of Use
   Advanced Field Services
   1501 Main Street – Suite 400
   Columbia, SC 29201
   Fax: (803) 758-2540
   

2. Updates to These Terms of Use.
   
   We may update these terms of use at any time. You are responsible for periodically reading these terms of use. If you use this website after we have updated these terms of use, you acknowledge that you have read the updated terms of use and agree to follow them.

3. Privacy Policy Statement.
   
   We are committed to protecting your privacy. Please read our Privacy Policy statement carefully to understand how we collect information about you and how we may use or disclose such information. By using this website, you acknowledge that you have read our privacy policy statement and agree to our privacy practices.

4. Using the Content on This Website.
   
   The content on this website is owned, controlled, or licensed by or to us. It is protected by copyright, trademark, and other intellectual property laws and rights throughout the world. You may only use the content for your personal and non-commercial use. You may not copy, distribute, publish, adapt, modify or create derivative works from, publicly display or perform, or in any way exploit any content on this website, unless you first request and obtain permission from the owner of such content. If we choose to grant you additional rights to our content, you agree not to change or delete any proprietary notice on the content.
   
   To request additional rights to content on this website, please email termsofuse@afsweb.com with all specifics necessary for us to consider and respond to your request.

5. All Rights Reserved.
   
   We retain all right, title and interest in this website and any content, features, products, or services offered on this website, including any and all intellectual property rights. We reserve all rights not expressly granted.

6. Prohibited Uses of This Website.
   
   

   In using this website, you may not:

   1. violate these terms of use, infringe upon our rights or the rights of others, or violate any laws;
   2. conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;
   3. post, email, or otherwise make available through the website, any content that:
      1. incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence,
      2. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, or
      3. is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, gambling, and drugs;
   4. pretend that you are someone else or disguise the origin of any message, communication, or transmittal you send to us through this website;
   5. use any robot, spider, scraper, or other automated or manual means to access this website, or copy any content or information on this website;
   6. attempt to gain unauthorized access to any portion of this website or any related networks or systems by hacking, password "mining", or any other illegitimate means;
   7. probe, scan, test the vulnerability of or breach the authentication measures of, this website or any related networks or systems;
   8. modify or reroute or attempt to reroute this website;
   9. link to this website from any unsolicited bulk messages or unsolicited commercial messages ("spam"); or
   10. utilize framing, squeeze back, overlay or other techniques to enclose or display this website or any content on this website, with any other software or content of a third party, or systems.
   
   

7. Electronic Notices and Communications.
   
   By visiting this website or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that:

   1. we may communicate with you electronically by email or, as appropriate, by posting general notices on this website;
   2. all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and
   3. any notices are deemed to be given and received on the date we transmit any electronic communication as described above.
   
   

8. Unsolicited Ideas and Feedback.
   
   Neither we nor our employees accept or consider unsolicited ideas, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names. The purpose of this policy is to avoid any potential misunderstandings or disputes if our offerings or strategies seem similar to ideas that you submitted to us.
   
   If you choose to send us your ideas anyway, through this website or otherwise, you agree that:

   1. your ideas automatically become our property, without any compensation to you,
   2. we can commercialize these ideas and use them for any purpose and in anyway, and
   3. we can give these ideas to others.

   You also represent and warrant that such ideas are your original ideas, and that you have all the necessary rights for you to grant us rights to them.

9. Materials Posted on This Website.
   
   We do not endorse, control, or claim ownership over any materials that you or others post or provide us through this website. By posting or otherwise providing us any such materials, you agree to grant us an irrevocable, perpetual, royalty-free license to:

   1. use, modify, copy, distribute, and publicly perform and display such materials on this website;
   2. publish your name with such materials on this website; and
   3. give these rights to others.

   You represent and warrant that you have all the necessary rights for you to grant these rights and that the use and publication of such materials does not violate or infringe the rights of any third party or breach any law.
   
   We may remove any materials or content that you or others post or otherwise provide us at any time without notice. If you believe that any materials or content on this website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at termsofuse@afsweb.com.

10. No Personal Advice.
    
    The content and information provided on or through this website cannot replace or substitute for professional advice, including advice for financial and legal matters. You should seek professional advice as appropriate and not rely on content and information provided on or through this website.

11. Third Parties.
    
    This website may contain:

    1. references to names, marks, data, content, products or services of third parties;
    2. links to third party websites; and
    3. descriptions of services and products provided by third parties.

    These references, links, and descriptions are provided solely for your convenience. By including these references, we do not endorse these parties, their content or any products and services they offer. These parties are not under our control and we are not responsible for them, or the operation or availability of their websites. You are responsible for knowing when you are leaving our website to visit a third party website, and for knowing the terms of use and privacy policy for each such third party website.
    
    If you choose to deal with such parties, you agree that you have a direct relationship with them and are solely responsible for any such dealings. If you have concerns with any third party website, please address them with the administrator of that website.

12. Accounts, Passwords, and Security.
    
    This website may offer features or services that require you to establish a personal account and password. You agree:

    1. to establish your personal account with your true, accurate, and current information;
    2. to keep your account information up-to-date and notify us of any changes by email at corporate@afsweb.com;
    3. not to use anyone else’s account to access these features and services;
    4. to safeguard your account and password, and take responsibility for any activity on your account; and
    5. to notify us immediately of any unauthorized use of your account or password, or any other breach of security, by email at corporate@afsweb.com.

    We take reasonable measures, including using commercially-available encryption, to safeguard any personal and login information you communicate with us electronically. However, we do not guarantee that such information will not be intercepted by a third party during transmission over the public networks or otherwise. You solely bear the risk of communicating with us electronically, and we will not be held liable for any resulting loss or damage. With respect to services and information provided through this website pursuant to a separate agreement, the terms of such agreement will supplement or, in the event of a direct conflict, supersede your obligations under this paragraph.

13. No Warranties; Disclaimers.
    
    We make no guarantee about the accuracy or reliability of the content, materials, features, services on this website.
    
    WE DO NOT WARRANT THAT THIS WEBSITE OR ANY CONTENT, MATERIALS, FEATURES, OR SERVICE OF THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, PROVIDE YOU WITH SPECIFIC RESULTS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    
    THE CONTENT, MATERIALS, FEATURES, AND SERVICES ON THIS WEBSITE ARE PROVIDED "AS-IS", "WITH ALL FAULTS", AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. YOU AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE AFS INFORMATION AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE.
    
    AFS SHALL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO CONTRACT, TORT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY AFS SERVICES OR INFORMATION AVAILABLE THROUGH IT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    
    YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.

14. Separately Licensed Software.
    
    Any software that is made available for download on this website is protected by copyright and other intellectual property laws throughout the world. Before using such software, you must read and agree to the terms and conditions in the license agreement that accompanies it. You may only use such software as described in its accompanying license agreement.
    
    WITHOUT LIMITING THE FOREGOING, YOU MAY NOT COPY OR REPRODUCE SUCH SOFTWARE ON ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
    
    AS PERMITTED BY LAW, AND EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE:

    1. IT IS PROVIDED "AS-IS", "WITH ALL FAULTS", AND "AS AVAILABLE";
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY; AND
    3. WE DO NOT WARRANT IT WILL BE ERROR-FREE, UNINTERRUPTED, PROVIDE YOU WITH SPECIFIC RESULTS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    
    

15. Force Majeure.
    
    We are not liable for any loss, delay or damage, and will not be deemed to be in breach of this contract, due to any event or circumstance beyond our reasonable control, including without limitation, war, invasion, Internet failures, electrical shortages, terrorist attacks, earthquakes, and acts of God.

16. Claims Must be Filed Within One Year.
    
    To the extent permitted by law, any claims related to this website or these terms of use must be brought within one year. The one year period begins when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors.

17. Indemnity.
    
    You agree to defend, indemnify, and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including attorney’s fees) arising from your use of this website, violation of these terms of use, or violation of any third party rights.
    
    You hereby agree to waive any and all laws that may limit the efficacy of any releases contained herein, specifically the provisions of California Civil Code Section 1542.t

18. No Agency Relationship.
    
    Neither these terms of use nor any content, materials, features, or services of this website create any partnership, joint venture, employment, or other agency relationship between us. You are not authorized to enter into any contract on our behalf, or bind us in any way.

19. Remedies.
    
    Without limiting other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to this website and/or block your future access to this website for any reason.
    
    You agree that any violation, or threatened violation, by you of these terms of use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.
    
    These remedies are in addition to any other remedies we may have at law or in equity.

20. Applicable Law.
    
    You agree that all matters relating to your access to or use of this website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California, without regard to its conflicts of laws rules. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California. You also waive any objections to such jurisdiction or venue.

21. Contract Interpretation.
    
    All parts of these terms of use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of this contract will not affect the validity and enforceability of the remaining provisions.