Terms of Use

CastAR, Inc. (“castAR”)”, “we” or “us”) Terms of Use

The terms and conditions set forth below (the “Terms”) govern your use of castAR’s corporate web site. These terms are a legal contract between you and castAR and govern your access to, and use of, the castAR website located at www.castAR.com (the “Site”). If you do not agree with any of these terms, do not access or otherwise use the Site or any information contained on this Site. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. CASTAR MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE AT ANY TIME. CASTAR CAN CHANGE THESE TERMS AT ANY TIME.  IF CASTAR MAKES ANY CHANGES, CASTAR WILL POST UPDATED TERMS OF USE ON THIS SITE AND MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY SHALL BE TO CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. As long as you comply with these Terms, castAR grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

GENERAL USE RESTRICTIONS

Certain information and content available on and through this Site, including content, logos, graphics and images including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (together, the “Materials”) are made available to you by castAR and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition law.

castAR grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to access this Site solely for your personal or internal business use.

You may use information on castAR products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by castAR for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal or internal business operations and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Except for the limited licenses set forth above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.

These limited licenses terminate automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, or any Materials.

CASTAR SOFTWARE DEVELOPMENT KIT AND GLASSES

Your or your company’s use of the castAR software development kit and/or any loaned or sold castAR glasses, as applicable, is governed by a separate agreement between castAR and you or your company.

PRIVACY POLICY

Your use of this Site is governed by the castAR Privacy Policy.

THIRD PARTY CONTENT

Certain information and other content on the Site may be the material of third party licensors and suppliers to castAR (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

LINKS TO THIRD PARTY SITES

This Site may be linked to other sites that are not castAR sites. castAR is providing these links to you only as a convenience, and castAR is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. You will need to make your own independent judgment regarding your interaction with these sites.  Without limiting the foregoing, when you click on the “Forum” tab on our Site, you will be transmitted to our developer’s forum that is hosted by a third party and your use of the developer’s forum is subject to the terms and rules of, and privacy policy of, the third party provider.

UNAUTHORIZED ACTIVITIES

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. castAR reserves the right to bar any such activity.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of castAR, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to castAR on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold castAR and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) castAR or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

PROPRIETARY RIGHTS

castAR is a trademark of castAR in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of castAR, Copyright © 2016 castAR, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Feedback and Information

Any feedback you provide at this Site shall be subject to the terms of castAR’s submission policy.

DISCLAIMER OF WARRANTIES

Your use of this Site is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by castAR, and they may include inaccuracies or typographical or other errors. castAR does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. castAR has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by castAR or our licensors.

CASTAR, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CASTAR DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

LIMITATION OF LIABILITY

CASTAR SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR THIRD PARTY CONTENT TO OR FROM THIS SITE. CASTAR’S LIBAILITY TO YOU FOR DIRECT DAMAGES RELATING TO YOUR USE OF THIS SITE SHALL NOT EXCEED IN THE AGGREGATE FIFTY DOLLARS (US$50.00). IN NO EVENT SHALL CASTAR BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF CASTAR KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

LOCAL LAWS; EXPORT CONTROL

castAR controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or legally available for use in other locations. If you access this Site outside the United States of America, you are responsible for following United States export laws and regulations, as well as any applicable local laws and regulations.

GENERAL

You acknowledge and agree that castAR may preserve any transmittal or communication by you with castAR through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or castAR determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of castAR, its employees, users of or visitors to the Site, and the public.

If you violate these Terms, castAR may terminate and/or suspend your access to this Site without notice. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in the Santa Clara County, California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The failure to require performance of any provision shall not affect a party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of a these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. castAR’s failure to enforce any of these Terms is not a waiver of such term. All of the terms and conditions of these Terms shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of the parties. These Terms, and any other agreements referenced herein, are the entire agreement between you and castAR and supersede all prior or contemporaneous negotiations, discussions or agreements between you and castAR about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.