Eligibility And Acceptance Of Terms And Conditions
This page states the terms and conditions forming the agreement under which you may use the Iteris Software, websites, or related content, which is owned and operated by Iteris, Inc. (the "Site", "Iteris Software", "we" or "us"). Please read this page carefully, because it describes your rights and responsibilities. If you do not accept this Terms of Use Agreement ("the Agreement"), you must not use this Site. By using this Site, you understand, acknowledge, and agree that you have read, will abide by, and agree to be bound by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any product, service, or feature, you will still be bound by your obligations under this Agreement and any Additional Terms, including any indemnifications, warranties, and limitations of liability. The Site's Privacy Policy is hereby incorporated in this Agreement by reference.
We may revise this Agreement at any time by updating this posting without advance notice to you. If you are a registered user or subscriber of the Site, we will notify you or your designed representative of material changes. (You are responsible for keeping the appropriate email address up to date.) We will also post a notice on the homepage of this Site notifying all users of any other revisions to this Agreement. Such revisions are effective to you as a user of this Site immediately upon posting or notification to you. Your continued use of this Site upon posting or notification will indicate that you have affirmatively agreed to any such changes. You should visit this Site periodically to review the Agreement, because it is binding on you.
The terms "you" and "user" as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.
Restrictions On Use Of Content
The content of this Site, such as all software, design, text, graphics, artwork, images, photographs, audio clips, video clips, digital downloads, button icons, and other material, including the selection and arrangements thereof (the "Material"), are the property of Iteris, Inc. and/or its subsidiaries, affiliates, assigns, licensors, and the Site's design, hosting, and programming vendors (collectively "operational service providers") and/or the Site's advertisers, promotional partners, and sponsors (collectively, "Advertisers"). The Material is protected, without limitation, pursuant to United States and international copyright, trademark, and other applicable laws, and the unauthorized copying, displaying, or other use of any of the Site's Material may violate one or more of these laws.
You are hereby granted permission to access the Material from the Site in whole or in part, solely for your personal, professional, and non-commercial use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the terms of this Agreement. If pursuant to an authorization from Iteris, Inc. you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data (including but mot limited to data files), are deemed to be licensed to you by Iteris, Inc. Neither title nor intellectual property rights are transferred to you, but remain with Iteris, Inc., who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the software to a perceivable form. Iteris, Inc. does not grant you any permission to use the Material other than the permission expressly stated in this Agreement or in the Additional Terms. All other use of the Materials, including, but not limited to, uploading, downloading, display, publication, public performance, broadcast, transmission, retransmission, modification, creation of derivative works from, reproduction (whether by linking, framing, or any other method), or in any other way exploiting the material, in whole or in part, or downloading and using software for uses other than those expressly permitted may not be made without Iteris, Inc.'s prior express written consent.
Access to the Materials may not be lawful by certain persons or in certain countries. You also understand, acknowledge, and agree that downloading of any object code or software by website users in restricted countries is prohibited. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Notwithstanding any statement to the contrary in this Agreement, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, avatars, or intelligent agents) to navigate or search the Site other than (a) the search engine and search agents available from the Site and (b) generally available third-party web browsers (e.g., Mozilla Firefox or Microsoft Internet Explorer).
Trademarks And Service Marks
There are a number of proprietary trademarks, service marks, logos, slogans, and product designations found on this Site. By making them available on this Site, Iteris, Inc. is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Iteris, Inc.'s or any third party's intellectual property rights. No Iteris, Inc. trademark, service mark, or logo may be used as a hyperlink without Iteris, Inc.'s prior written permission.
All other product or service names, to the extent they appear on the Site, are the property of their respective owners.
Advertising And Other Third-Party Content
This Site may provide banner and general advertising, public cameras, private cameras, and other content provided by our Advertisers. You understand, acknowledge, and agree that the inclusion of such third-party content on this Site is not an endorsement by Iteris, Inc. of the goods, services, or messages conveyed in the content or the business practices (including the privacy policies) of such third-party content providers. Users may from time to time enter into correspondence with or participation in the advertising or promotions offered through the Site. However, all such correspondence, including, without limitations, and resulting contractual agreements are solely between the Advertiser or providers of information and the user. Your further agree that we are not responsible for upholding any applicable terms, conditions, representations of warranty made by Advertisers or other third parties in connection with an agreement between users, or the purchase of goods and services offered by Advertisers or other third parties.
Links To Third-Party Websites
Iteris, Inc. Sites may provide links to third-party websites and other resources that could be of interest to our users. You understand, acknowledge, and agree that these links are provided solely as a convenience to you and not as an endorsement by Iteris, Inc. of the content, advertising, or business practices (including the privacy policies) of such third-party websites. These third-party websites may have different privacy policies and business practices than we do. Therefore, we do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality, or completeness of the content or activities conducted on such websites. You further agree that Iteris, Inc., its corporate affiliates, successors and assigns, and their respective officers, directors, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising, or business practices of linked third-party sites. If you decide to access and use linked third-party websites, you understand, acknowledge, and agree that you do so at your own risk.
Privacy Policy
To participate in some activities on the Site, you will be asked to provide certain true, complete, and current Personal Information, personal information is defined as any Recorded information about an identifiable individual that may include his or her (1) name, address, email address, phone number, (2) race, nationality, ethnicity, origin, color, religious or political beliefs or associations, (3) age, sex, sexual orientation, marital status, family status, (4) identifying number, code, symbol, (5) finger prints, blood type, inherited characteristics, (6) health care history including information on physical/mental disability, (7) educational, financial, criminal, employment history, (8) others' opinion about the individual, and (9) personal views except those about other individuals. All Personal Information and any additional type of information collected from users in general is subject to our Privacy Policy, which is incorporated by reference into this Agreement. For more information, see our official Privacy Policy. Any non-personal content you provide to the Site in any manner, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas, or the like, shall be deemed to be non confidential and we assume no obligation to protect such information from disclosure. You understand, acknowledge, and agree that the submission of such information shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by Iteris, Inc., its corporate affiliates, employees, representatives, agents, operational service providers, or Advertisers any purpose whatever, and we shall be free to reproduce, use, disclose, and distribute such content without restriction.
By submitting content to any area of the Site open to the other users or the general public, you understand, acknowledge, and agree that your content will be considered "Public Domain" material and will not be subject to the privacy protections generally afforded your Personal Information. The public domain is defined as consisting of works that are either ineligible for copyright protection or with expired copyrights. Public domain refers to the total absence of copyright protection for work. The public domain is a range of abstract materials commonly referred to as intellectual property which are not owned or controlled by anyone. The term indicates that these materials are therefore "public property", and available for anyone to use for any purpose.
You further agree that Iteris, Inc. may save and archive any content of any nature posted to the Site and that Iteris, Inc. may, without liability to any user, disclose such content if required to do so by law or to comply with legal processes; to respond to claims that any of the content violates the property, privacy, publicity, or any other rights of another individual, organization, or corporation; or to protect the rights, property, or safety of Iteris, Inc., its corporate affiliates, Advertisers, employees, suppliers, operational service providers, users, and members of the public.
Modification, Suspension, Or Discontinuance Of Site
Iteris, Inc. reserves the right, at its sole discretion and at any time, to modify or discontinue any portion of the Site or any of the products or services offered on the Site, on a temporary or permanent basis, with or without notice. You understand, acknowledge, and agree that Iteris, Inc. will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the products or services offered by the Site.
Security Of The Site
To participate in some Site activities, users must complete a registration process and may receive/select a "user name" and password. You understand, acknowledge, and agree that you are responsible for maintaining the confidentiality of your Personal Information and Sensitive Personal Information defined in the Privacy Policy and the user name and password received or selected upon registration on the Site. You will be fully responsible for all uses of your registration and for any activity that occurs under your password or account, whether or not authorized by you. You further agree to immediately notify Iteris, Inc. of any unauthorized use of your registration and/or password.
By use of our registration for any Site activity, you understand, acknowledge, and agree that you are automatically subject to the following rules of conduct and the Site's Privacy Policy. You further agree that we reserve the right, at our sole discretion, to terminate your subscription or registration at any time, block access to your subscription file or profile(s) and/or reject participation in any other activity or service provided to you by the Site. We also reserve the right to take such actions, with or without notice, and without any liability to the members, account holder, and user.
The Site's subscriber activities are to be accessed only by registered users of the Site, which should have only one unique user name with one unique password. If you are found to share passwords with any non-registered member we will terminate your subscription immediately without notice.
As a user of this Site, the following actions are also prohibited:
Violations of the Site's system or network security may result in civil or criminal liability. The Site will investigate possible violations of system or network security and may involve, and cooperate with a user's employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. Iteris, Inc. will also terminate the subscription of any person that Iteris, Inc. believes, in its sole judgment, to have violated its security provisions.
Indemnification And Limitation Of Liability
You understand, acknowledge, and agree to defend, indemnify, and hold harmless Iteris, Inc. and its corporate affiliates, successors and assigns, advertisers, suppliers and operational service providers and their respective officers, directors, employees, representatives, and agents, or others involved in creating, promoting, or otherwise making available this Site from and against any claims, actions, costs, expenses, or demands, including, without limitation, reasonable legal and accounting fees, resulting from any content you submit, post to, or transmit through this Site, your use of the Site, your violation of this Agreement, your violation of any rights of another, or otherwise arising out of your use of this Site in any manner. Iteris, Inc. will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit, or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with Iteris, Inc. in asserting any available defenses.
The Site and its Material may contain technical inaccuracies, typographical errors, and out-of-date information. The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material, and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that the use of the Site and the Material is at your own risk. The Site reserves the right to make or refrain from making changes to the Site and Material at any time.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ITERIS, INC, ITS OWNER AND OPERATOR, PARENT COMPANY, CORPORATE AFFILIATES, SUCCESSORS OR ASSIGNS, AND ITERIS, INC.'S ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES) RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE, OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, THE MATERIALS, ANY RELATED SERVICE OR PRODUCT, ANY OTHER WEBSITE, OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, WHETHER OR NOT THE COMPANY OR AN AUTHORIZED REPRESENTATIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
Disclaimer Of Warranties
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND ITERIS, INC., THE SITE, MATERIALS, SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. ITERIS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, ITERIS, INC. DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED IN ANY SERVICE OR PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE AND ITS SERVER OR SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SOFTWARE, OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.
ITERIS, INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTOGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU UNDERSTAND AND AGREE THAT ITERIS, INC'S MAXIMUM LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, AND LOSSES ARISING FROM YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THIS SITE OR ANY OF THE MATERIAL, SOFTWARE, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, OR ARISING FROM ITERIS'S PROVISION THEREOF SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY MATERIALS, SOFTWARE, PRODUCTS OR SERVICES WITHIN THE TWELVE MONTH PERIOD PRECEDING THE DATE ITERIS RECEIVES NOTICE OF SUCH CLAIMS.
User Termination
Iteris, Inc. reserves the right, at its sole discretion, to terminate your subscription or registration at any time or block access to the Site and/or any other service provided to you. Iteris, Inc. reserves the right to take such actions, with or without notice, for any reason or for no reason, and without any liability to the account holder or user.
Legal Venue, General, And Contact Information
This Agreement is governed by the internal substantive laws of the State of North Dakota, without respect to its conflict of laws provisions. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within North Dakota. You agree to submit to the personal jurisdiction of the courts in the State of North Dakota for any cause of action arising out of this Agreement.
If any provision of this Agreement, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in this Agreement, in a particular "Legal Notice," or Additional Terms, this Agreement constitutes the entire agreement between you and the Site with respect to the use of Site.
No changes to this Terms of Use Agreement shall be made except by a revised posting on this Site and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this Site will constitute any amendment of, waiver or change to this Agreement, unless such an amendment, waiver, or change is in writing and signed by an authorized officer or representative of Iteris, Inc.
The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
If you have any questions regarding this Agreement, please contact the Iteris, Inc. via email at 511webmaster@iteris.com.
This Terms of Use Agreement was last updated on September 17, 2020 and is effective immediately.