TERMS OF USE

Effective: November 2011

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE nVision Global TECHNOLOGY SOLUTIONS, INC. WEB SITE (THE “SITE”) OR ANY OF THE TOOLS, PRODUCTS, SOFTWARE, SOLUTIONS OR SERVICES (COLLECTIVELY, THE "SERVICES”) THAT ARE AVAILABLE ON THE SITE. REFERENCES IN THIS DOCUMENT TO YOUR USE OF THE SITE ALSO INCLUDE YOUR USE OF ANY OF THE SERVICES THAT ARE AVAILABLE ON THE SITE

1. OWNERSHIP. The Site is owned and operated by nVision Global Technology Solutions, Inc. and/or its affiliated companies and licensors (“nVision”). The mailing address for nVision is 1900 Brannan Road, McDonough, GA 30253. nVision has various subsidiaries, affiliated legal entities and licensors that may be involved in providing the Site and the Services, and those subsidiaries, affiliates and licensors are entitled to the benefit of these terms and conditions.

2. AGREEMENT. Your use of the Site is subject to the terms of a legal agreement between you and nVision (the “Terms of Use”). Unless you have a written agreement with nVision that covers your use of the Site, your agreement with nVision will always include, at a minimum, the terms and conditions set out in this document. If you have a written agreement with nVision that covers your use of the Site, the terms of that agreement are also applicable, and if there is any conflict between the terms of our written agreement and these terms and conditions, the terms of the written agreement shall take precedence.

3. ACCEPTANCE OF TERMS. In order to use the Site, you must first agree to the Terms of Use. You may not use the Site if you do not accept the Terms of Use. You can accept the Terms of Use by (A) clicking to accept or agree to the Terms of Use, where this option is made available to you by nVision in the user interface for the Site or any Service; or (B) by actually using the Site and/or any of the Services. In this case, you understand and agree that nVision will treat your use of the Site and/or Services as acceptance of the Terms of Use from that point onwards. YOUR USE OF THE SITE AND SERVICES IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS OF USE. YOUR USE OF THE SITE AND/OR SERVICES CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS OF USE AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, THEN YOU ARE NOT PERMITTED TO USE THIS SITE OR ANY OF THE SERVICES. nVision MAY, AT ANY TIME AND FOR ANY REASON, MODIFY, REVISE, OR UPDATE THESE TERMS OF USE, BY UPDATING THIS DOCUMENT. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES WILL BE CONDITIONED UPON THE TERMS OF USE IN FORCE AT THE TIME OF YOUR USE.

4. LICENSE RIGHT. nVision grants you a limited, personal, non-transferable, non-exclusive, non-sublicenseable, revocable license to access and use the Site and the Services only as expressly permitted in these Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to this Site or the Services; any rights, title, interest or license not expressly granted herein are reserved.

5. YOUR ACCOUNT. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to nVision will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) the Site or any of the Services by any means other than through the interface that is provided by nVision, unless you have been specifically allowed to do so in a separate agreement with nVision. You agree that you will not engage in any activity that interferes with or disrupts the Site or the Services (or the servers and networks which are connected to Site and the Services). You agree that you are solely responsible for (and that nVision has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which nVision may suffer) of any such breach. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site. Accordingly, you agree that you will be solely responsible to nVision for all activities that occur under your account.

6. TRADEMARKS. Unless otherwise indicated all product names, trade names, trade dress, corporate logos, emblems and similar intellectual property displayed on this Site are trademarks. They are proprietary to nVision or nVision is otherwise entitled to use such trademarks. No license is granted to you by the use of these trademarks on this Site. Any unauthorized use of these trademarks is expressly prohibited.

7. RESTRICTIONS. Certain Services may permit you to upload information and data to the Site. You are solely responsible for your data (the “Data”) uploaded to the Site. You represent and warrant that the Data does not, and will not at any time, (i) infringe upon or violate any intellectual property, privacy, publicity or other right of any third party, (ii) violate any applicable law, rule or regulation, or (iii) contain any virus or harmful component. You agree that nVision will not be responsible for, or have any liability in connection with, any use or misuse of Data or with respect to electronic transactions. You will not cause, make or permit any infringement or other violation of any third party intellectual property, privacy, publicity or other rights. You will indemnify and defend nVision and hold nVision harmless from any liability, damages or costs (including, without limitation, attorneys’ fees) arising out of, or relating to, breach of this section by you.

8. PRIVACY. The terms of the Privacy Policy are incorporated herein. You have read the nVision Privacy Policy and agree that the terms of the Privacy Policy are reasonable and satisfactory. Your acceptance of these Terms of Use is also your consent to the information practices in the Privacy Policy. You consent to the use of your personal information by nVision and its third-party providers in accordance with the terms of and for the purposes as set forth in the Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site may be transferred and stored in the United States and/or another location outside the jurisdiction in which you submitted such information and processed and used by nVision as permitted under this Privacy Policy.

9. TERMINATION. nVision may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally at nVision's sole discretion, without prior notice to you. You may stop using the Site at any time. You shall remain liable for any obligations that you incurred before suspension or termination. You acknowledge and agree that if nVision disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.

10. WARRANTY DISCLAIMER. nVision has no special relationship with or fiduciary duty to you and you expressly agree that the use of this Site is at your sole risk. No express or implied representation or warranty is given for the correctness, completeness and/or quality of the information provided or made available through the Site. You release nVision and its shareholders, directors, officers, agents, or employees from all liability relating to your use of the Site. THE SITE AND THE SERVICES, AND ANY DATA, REPORTS OR INFORMATION OF ANY KIND MADE AVAILABLE THROUGH THE SITE OR THE SERVICES, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, PERFORMANCE, EFFORT OR NON-INFRINGEMENT.

11. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§ 2701-2711). nVision makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web site linked to the Site. nVision will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other information or content stored on nVision’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

12. INDEMNITY. You agree to defend, indemnify and hold harmless nVision and its subsidiaries, affiliates and licensors, and their respective shareholders, directors, officers, agents, or employees, from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting fees, resulting from or arising out of your breach of these Terms of Use, the Privacy Policy, your use of the Site or your use of any information obtained from the Site.

13. LIMITATION OF LIABILITY. Under no circumstances shall nVision and its subsidiaries, affiliates and licensors, or any of their respective officers, directors, employees, shareholders, agents or representatives, be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site, or any content, information or data accessed through or generated by the Site or the Services. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of nVision or its subsidiaries, affiliates and/or licensors have been advised or should have known of the possibility of such damages. If you are dissatisfied with the Site or any Service, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. Any offers encompassed on this web site are non-binding and without obligation.

14. LINKS. This Site contains links to other nVision websites and may contain links to other third party websites which are not owned or operated by nVision. Such links to third party websites are provided solely as a convenience to you and not as an endorsement by nVision, its third party providers, or distributors of the contents of such other websites. nVision cannot control and shall not be held responsible for any content provided on said third-party websites. In particular, nVision does not approve the content of third party websites or adopt such content as nVision’s own content. nVision does not make any representation or warranty regarding any third party websites or the content or materials on such websites. The providers of such third party websites are solely responsible for such third party websites and the content provided thereon. Therefore, nVision disclaims any and all liability for damage or injury resulting from access or use of such third party websites or content provided thereon. Such links contained on this Site are for your convenience only. Access and use of such third party websites is at your own risk.

15. ATTORNEYS’ FEES. If nVision takes any action to enforce these Terms of Use, it will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which nVision may be entitled.

16. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of these Terms of Use will cause such damage to nVision as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that nVision shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms of Use by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by nVision in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.

17. NOTIFICATION AND CONTACT INFORMATION. To the extent that nVision may need to contact you, you agree that nVision may do so via any electronic means, including, but not limited to, communication posted on the Site or electronic mail. If you have any questions or concerns about these Terms of Use or if you need further assistance with respect to access to or use of the Site offered by nVision, please contact us in writing at the address below.
                 
                  nVision Global Technology Solutions, Inc.
                  1900 Brannan Road
                  McDonough, GA 30253

18. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. nVision shall not be liable for any failure to perform its obligations hereunder when such failure results from any cause beyond nVision's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable, or sublicensable by you except with nVision's prior written consent. This Site is operated by a U.S. entity and the Terms of Use are governed by the laws of the State of Georgia, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Henry County, Georgia, USA, without regard to the conflict of laws provisions thereof. Both parties agree that the Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use, and that all modifications, with the exception of those made by nVision, must be in a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind nVision in any respect whatsoever.