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    Terms of Use

    Last modified: January 27, 2021

    Binding Effect

    These Terms of Use are a binding agreement (this “Agreement”) between you and Virtualitics, Inc. (the “Company”). By accessing the website located at www.virtualitics.com (the “Site”), you agree to abide by the terms of this Agreement, as they may be amended by the Company from time to time in its sole discretion. You agree that by using the site you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

    Privacy Policy

    The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking the privacy Policy link on the Site. The Privacy Policy is expressly incorporated into this Agreement by this reference

    No Warranties

    The Company hereby disclaims all warranties. The Company is making the Site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from the use of, or inability to use, the Site. To the maximum extent permitted by law, Company expressly disclaims any and all warranties, express or implied, regarding the Site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Site will meet your requirements or that the operation of the Site will be uninterrupted or error-free.

    Limited Liability

    The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials provided to you by the
    Company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

    Affiliated Sites

    The Company has no control over, and no liability for any third party websites or materials. The Company may work with a number of partners and affiliates whose websites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about,
    and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, the terms of this Agreement shall govern your use of any and all third party content.

    Prohibited Uses

    The Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any
    associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

    Copyright

    All contents of Site are: Copyright © 2021 Virtualitics, Inc. All rights reserved.

    Governing Law

    The terms of this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes arising out of or related to the use of the Site.

    Severability: Waiver

    If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

    No License

    Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

    California Use Only

    The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

    Modifications

    The Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Site; and (c) discontinue the Site at any time. The Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting. You agree to review the terms of this Agreement and other online policies posted on the Site periodically to be aware of any
    revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

    Acknowledgement

    BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM.

    Privacy Policy

    Last modified: January 27, 2021

    Collection of Information

    Information You Provide to Us

    We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, purchase a license to the Software, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, company or employer information, financial information in connection with purchasing a Software license, job title, phone number and any other information you choose to provide. Information About Your Use of the Services Usage Information We collect information about your use of the Services, such as Software functionality and analytics (with your consent) and the amount of data transferred in using our Services. Automatically Collected Information When you access or use our Services, we automatically collect information about you, including:

    • Log Information: We collect log information about your use of the Services, including the type of browser you use, Software version, access times, pages viewed, your IP address, and your MAC address.
    • Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and your MAC address.
    • Information Collected by Cookies and Other Tracking Technologies: We use different technologies to collect information, including cookies. Cookies are small data files stored on your hard drive or in
      device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. For more information about cookies and how to disable them, please see “Your Choices” below.

    Use of Information

    We use the information we collect to provide, maintain, and improve our Services, such as to register, administer, and secure your account and make the Services available to you. We may also use the information we collect to:

    • Send you technical notices, updates, security alerts and support and administrative messages and to respond to your comments, questions and customer service requests;
    • Communicate with you about releases, products, services, and offers;
    • Monitor and analyze trends, usage and activities in connection with our Services;
    • Detect, investigate, and prevent fraud and other illegal activities and protect the rights and property of Virtualitics and others;
    • Personalize and improve the Services;
    • Comply with our legal obligations;
    • Enforce, or otherwise use in connection with, any terms governing use of our Services; and carry out any other purpose described to you at the time the information was collected.

    Sharing of Information

    We will not share data except in the following circumstances:

    • With other users of our Software at your direction or with your consent;
    • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
    • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
    • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Virtualitics or others;
    • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
    • Between and among Virtualitics and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
    • With your consent or at your direction.

    We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

    Advertising and Analytics Services Provided by Others

    We may allow others to provide analytics services and serve advertisements on our behalf across the internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by Virtualitics and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. If you are a resident of the EEA (defined below), you may have additional choices. Please visit http://youronlinechoices.eu/ for more information.

    Data Retention

    We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.

    Transfer of Information to the U.S. and Other Countries

    Virtualitics is based in the United States and we process and store information in the U.S. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.

    Residents of the European Economic Area

    If you are a resident of the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your personal data. Legal Basis for Processing If you are a resident of the EEA, when we process your personal data we will only do so in the following situations:

    • We need to use your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing the Virtualitics Services you have requested).
    • We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, to communicate with you about releases or changes to our Services, and to provide, secure, and improve our Services.

    Data Subject Requests If you are a resident of the EEA, you have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you may contact us as indicated below. Questions or Complaints If you are a resident of the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm

    Your Choices

    Account Information

    You may update, correct or delete information about you at any time by emailing us at info@virtualitics.com. If you wish to deactivate your account, please email us at info@virtualitics.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you in connection with our data retention policies. Cookies Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of some of our Services. Promotional Communications You may opt out of receiving promotional emails from Virtualitics by following the instructions in those emails or by emailing us at info@virtualitics.com. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

    Contact Us

    If you have any questions about this Privacy Policy, please contact us at: Virtualitics Inc, 225 S. Lake Avenue Suite 120, Pasadena, CA, 91101 (info@virtualitics.com) .

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