Causeway Terms of Service
Thank you for using Causeway, a service provided by Vital Technical Marketing, Inc., dba VTM Group (“VTM” or “we” or “us”) located at 3855 SW 153rd Drive, Beaverton, Oregon, 97003, United States.
Additional terms and conditions for use of the Website are included in the Services Agreement between VTM and your organization (“Company”). Please contact your Company for information on the Causeway Services Agreement.
This Website is offered and available to users who are 18 years of age or older and are authorized by the Company. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
You must follow any additional policies made available to you within Causeway. Do not misuse Causeway by attempting to access Causeway via any other method than the provided interface. Causeway may only be used for lawful purposes. You agree not to use the Website:
- To transmit, or procure the sending of, any advertising or promotional material without VTM’s prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- To interfere with the proper working of the Website
VTM retains all intellectual property rights of Causeway. These terms do not grant you the right to use any branding or logos used in our services. Don't remove, obscure, or alter any legal notices displayed in Causeway.
Causeway contains content developed by your Company that is not VTM's. This content is the sole responsibility of your Company. VTM holds the right to review content to determine whether it is illegal or violates our policies, and we hold the right to remove content violating the law or our policies. This does not necessarily mean we review content; do not assume that VTM reviews your organization's content.
In connection with your use of Causeway, we may send you service announcements, administrative messages, and other information.
VTM may suspend or stop your access to Causeway if you do not comply with these terms or policies.
Consent to Processing of Your Personal Data
Causeway User Account
Causeway requires users to hold a user account with their Company's Causeway site. You may create your own account, or an account may be created for you by a site administrator. VTM and your Company's site administrators reserve the right to review your user account to ensure you have privileges to access Causeway.
Privacy and Copyright Protection
VTM shall maintain in confidence the business and technical information disclosed to VTM by your Company in connection with your organization's Services Agreement.
Content Within Causeway
Causeway allows users to submit content to be retained within the Causeway site (“User Contributions”). You, and your Company, retain total ownership of any intellectual property rights you hold in that content. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
VTM agrees that any content created or stored within Causeway will be owned by your Company. VTM specifically retains title and copyright in all other materials and documents previously published or authored by or for it. Existing databases, macros, automated reports, or the existing infrastructure of Causeway is solely owned by VTM.
Modifying and Terminating our Services
Causeway is constantly changing and improving. Functionalities and features may be added, removed, suspended, or stopped at any time within the terms of the Services Agreement between VTM and your Company.
Warranties and Disclaimers
VTM PROVIDES CAUSEWAY “AS IS”. VTM WARRANTS THAT ALL SERVICES PROVIDED SHALL BE PERFORMED IN ACCORDANCE WITH GOOD WORKMANLIKE STANDARDS IN THE COMPUTING INDUSTRY AND SHALL MEET THE DESCRIPTIONS AND PERFORMANCE STANDARDS OUTLINED IN THE SERVICES AGREEMENT BETWEEN VTM AND YOUR COMPANY.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, OR IN THE SERVICES AGREEMENT BETWEEN VTM AND YOUR COMPANY, VTM DOES NOT MAKE SPECIFIC PROMISES ABOUT THE SERVICES OR FUNCTION OF CAUSEWAY. VTM MAKES NO COMMITMENTS ABOUT THE CONTENT WITHIN CAUSEWAY, FUNCTION OF CAUSEWAY, RELIABILITY, AVAILABILITY, OR ITS ABILITY TO MEET YOUR NEEDS. TO THE FULLEST EXTENT PROVIDED BY LAW AND AS EXPRESSLY SET OUT IN THESE TERMS, VTM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
Liabilities of Services
YOU AGREE THAT EXCEPT IN THE CASE OF VTM'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHEN PERMITTED BY LAW, VTM (OR VTM'S SUPPLIERS AND DISTRIBUTORS) WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. VTM WILL HAVE NO LIABILITY UNDER THESE TERMS FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, AND EXCEPT IN THE CASE OF PERSONAL INJURY, DEATH OR DAMAGE TO REAL OR PERSONAL PROPERTY, FRAUD OR WILLFUL MISCONDUCT.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VTM, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY EXPRESSED OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOUR COMPANY PAYS FOR CAUSEWAY FOR THE LAST SIX (6) MONTHS. IN ALL CASES, VTM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Business/Organization Use of Causeway
If you are using Causeway on behalf of a business or organization, that business or organization accepts these terms. It will hold harmless and indemnify VTM and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of Causeway or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
About Causeway's Terms of Service Agreement
VTM reserves the right to modify these terms to reflect changes to the law, changes to our services, or from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
These terms control the relationship between VTM and your use of Causeway, and do not create any third party beneficiary rights. If you do not comply with these terms, and we do not take immediate action, this does not mean we are giving up rights we have (such as taking future action). If a particular item is found not to be enforceable, it will not affect other terms.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon, U.S.A. without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon, U.S.A., or any other jurisdiction).
Waiver and Severability
No waiver by the VTM of any term or condition set out in these Terms of Services shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the VTM to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.