Terms of Service
Last Modified: July 6, 2017
Update Log: N/A
Welcome to the website of Clif Griffin Development, Inc., doing business as Objectiv (“Objectiv”, “Company”, “we”, “our”, or “us”). The following terms and conditions, together with any documents and agreements they expressly incorporate by reference (collectively, these “Terms of Service” or “Terms”), govern, your access to and use of objectiv.co (the “Website”), website hosting services, plugin software purchases, and all related databases, software website applications, and online platforms (collectively defined herein as, the “Services” or “Objectiv Services”), as a visiting user, or purchase any Services the Website (a “Client”). The Website is a copyrighted work belonging to Objectiv. All Services Agreements or Payment Schedules for Objectiv Services are incorporate herein by reference.
These terms require the use of MEDIATION (SEE BELOW) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
The Objectiv Services are offered and available to Users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using Objectiv Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Objectiv Services.
1. CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion and timing upon a notification on our Website or through email. You are responsible for providing us with your most current e-mail address. All revisions, updates, or changes are effective immediately when we post them to the Website, and apply to all access to and use of the Objectiv Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law, Venue and Jurisdiction below will not apply to any disputes for which the parties have actual notice on, or prior to the date the revision, update, or change is posted on the Website. Your continued use of the Objectiv Services following the posting of revised, updated, or changed Terms of Service means and shall constitute your acceptance and agreement to the revision(s), update(s), or change(s). You are expected to check, read and agree to this page when we send you a notification on our Website or through email, prior to continuing to access or utilize the Objectiv Services so you are aware of any revision, update, or change, as they are binding on you.
2. WEBSITE ACCESS
We reserve the right to withdraw or amend the Website or any Objectiv Services, and any product, service or material we provide on the Website, in our sole discretion without notice. We will not be liable to you if, for any reason, any part of or the entire Website or Objectiv Services are unavailable for your access or use at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, or the Services.
3. PAYMENT TERMS
Payments and Fees are governed according to the applicable Services Agreement or Payment Schedule agreed upon by both the Client and Objectiv. All payments are to be made pursuant to that Agreement or Payment Schedule and are subject to these Terms of Service.
4. PROHIBITED USES
You may use the Website or Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Objectiv Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (see Content Standards below) set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, Client, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, as determined by us.
Additionally, you agree not to use the Objectiv Services in any manner that could disable, or otherwise harm, interfere, damage, or impair the Website, its Services or interfere with any other party’s use of the Objectiv Services in any way.
5. INTELLECTUAL PROPERTY RIGHTS
The Website, the Objectiv Services, and the online platform, and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are wholly owned by Objectiv, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Objectiv Services for both your personal and commercial use. These Terms of Service do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Objectiv Services or any intellectual property rights owned by Objectiv. Objectiv, Objectiv’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Unless otherwise permitted under these Terms of Service, You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, modify copies of any materials from Objectiv Services, use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from Objectiv Services.
Any use of the Objectiv Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
6. COPYRIGHT POLICY
Company respects the intellectual property of others and asks that users of our Website do the same. In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Website who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users or Clients is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us. Please let us know as soon as possible. Please send the following information to Clif Griffin Development, Inc., d/b/a Objectiv, 1102 Commerce St, Ste. G, Lynchburg, VA 24504:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
7. CLIENT CONTENT
The Client acknowledges that responsibility for all content provided by the Client to Company for the performance of any Objectiv Services (the “Client Content”) is the sole and exclusive responsibility of the Client and that Company will not be held responsible in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws, including but not limited to infringement or misappropriation of copyright, trademark or other property right of any person or entity, arising or relating to the Client Content.
8. HOSTING CONTENT STANDARDS
8.1 Content Regulation. Client acknowledges and agrees that Company may elect at its sole discretion to monitor the Client Content. Company shall have the right, but not the obligation, to remove Client Content which is deemed, in Company’s sole discretion, harmful, offensive, in violation of any provision of this Agreement or breaches any law.
8.2Usage Restrictions. Client expressly agrees not to overburden the Services. Client may not place excessive burdens on Company’s, or the providers of Third Party Services’, CPUs, servers or other resources or interfere with the services Company provides to other customers, or use excessive bandwidth or data transfer. Any activity that results in excessive usage inconsistent with normal usage patterns is subject to corrective action. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of Client’s Web site, Client Content or termination of this Agreement, which actions may be taken in Company’s sole and absolute discretion.
8.3Caching License. Client expressly grants to Company a license to cache the entirety of the Client Content and Client’s Website, including content supplied by third parties, hosted by Company under this Agreement and agrees that such caching is not an infringement of any of Client’s intellectual property rights or any third party’s intellectual property rights
9. LICENSE TO COMPANY
Client hereby grants to Company a non-exclusive, royalty-free, worldwide right and license during the Initial Term of any Services Agreement or Payment Schedule and any Term thereafter to do the following to the extent necessary in the performance of Objectiv Services:
(a) Digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Client Content;
(b) Make archival or back-up copies of the Client Content and the Client Website;
(c) Except for the rights expressly granted above, Company is not acquiring any right, title or interest in or to the Client Content, all of which shall remain solely with Client; and
(d) Company, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, the Hosting services, (ii) take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, Client Content and/or website(s)), and/or (iii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal.
Client further agrees that Company shall not be liable to Client for any loss or damages that may result from such conduct.
10. MAINTAINING CLIENT WEBSITE
Because some Objectiv Services permit Client to electronically transmit or upload content directly to the Client’s Website, Client shall be fully responsible for uploading all content to the Client’s Website and supplementing, modifying and updating the Client Website, including all back-ups. Client is also responsible for ensuring that the Client Content and all aspects of the Client’s Website are compatible with the hardware and software used by Company to provide the Services, as the same may be changed by Company from time to time. Specifications for the hardware and software used by Company to provide the Services will be available on Company’s Website. Client shall periodically access Company’s Website to determine if Company has made any changes thereto. Company shall not be responsible for any damages to the Client Content, the Client’s Website or other damages or any malfunctions or service interruptions caused by any failure of the Client Content or any aspect of the Client’s Website to be compatible with the hardware and software used by Company to provide the Services.
11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
12. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, we provide these links for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
13. RELATIONSHIP OF THE PARTIES AND PROVIDERS
Users and Clients are not employees or agents of Objectiv or any User or Client. The relationship between Objectiv and a User or Client is that of service provider/client. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms of Service.
14.1 Geographic Restriction. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14.2 Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED, THE OBJECTIV SERVICES ARE MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. OBJECTIV SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
14.3 Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OBJECTIV’S LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE EXCEED THAT AMOUNT PAID TO OBJECTIV ACCORDING TO ANY SERVICES AGREEMENT OR PAYMENT SCHEDULE. IN ADDITION, IN NO EVENT WILL OBJECTIV, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE OBJECTIV SERVICES, THE ONLINE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OBJECTIV SERVICES, OR ONLINE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, DEATH, DISABILITY, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. These limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy.
14.4 Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, managers, members, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of Objectiv Services, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
14.5 Governing Law. These Terms of Service and the relationship between you and the Company will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule whether of the Commonwealth of Virginia or any other jurisdiction.
14.6 Venue. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or Objectiv Services shall be instituted and litigated exclusively in the state or federal courts located in the city of Lynchburg, in the Commonwealth of Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to exclusive venue in such courts.
14.7 Dispute Resolution. The Parties acknowledge and agree that all disputes under these Terms of Service shall be submitted to alternative dispute resolution measures identified and pursuant to the terms and provisions set forth below, which shall be the sole and exclusive way the Parties shall resolve any dispute arising from or underlying the terms and conditions of these Terms of Service.
- Alternative Dispute Resolution (ADR). The Parties, will first seek peaceful conflict resolution through negotiation and mediation. Any controversy or dispute arising out of or related to these Terms of Service, or the breach, termination or validity thereof, shall be resolved in accordance with the procedures specified below, which shall be the sole and exclusive procedures of the resolution of any such controversy or dispute.
- Negotiation. First, the Parties shall attempt in good faith to resolve any dispute of whatever nature arising out of the making or performance of, or otherwise relating said transaction or enforceability or validity thereof or any provision of these Terms of Service (hereinafter, “Dispute”), promptly by negotiations between the Parties in the normal course of business for five (5) business days. If such good faith attempts do not resolve the Dispute, either Party may give the other Party written notice of any such Dispute and request formal negotiations between the Parties. Such written notice shall be sent to the other Party via the applicable notice contact and shall include the specific provision(s) involved in such Dispute, any facts or arguments in support of the matter, and a specific description of the relief or remedy sought. Within thirty (30) days from the date of mailing of such written notice, representatives of both Parties, having the authority to settle the Dispute, shall agree to meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. If the Dispute has not been resolved within forty-five (45) days from the date of mailing of such written notice or a mutually agreed upon extension thereof, or if the Parties fail to meet within such thirty (30) days or a mutually agreed upon extension thereof, the Parties shall initiate mediation of the Dispute in accordance with Section 14.7(c). All negotiations pursuant to this Section 14.7 are deemed confidential and shall be treated as compromise and settlement negotiations for the purposes of Rule 408 of the Federal Rules of Evidence and any comparable state law provision. Without limiting the terms of these Terms of Service above, either Party may seek a preliminary and/or permanent injunction, attachment or other similar equitable remedy available to it pending the outcome of negotiation and mediation hereunder, or a suit to compel compliance with this dispute resolution process, in accordance with Sections 14.7 herein.
- Mediation. Each Party shall provide the other party with a written offer of terms of settlement that are acceptable as a minimum, if the Parties are still unable to resolve such Dispute by negotiation within the time limits set, the Parties shall, within thirty (30) days thereafter, select a mediator and perform a good faith attempt to settle the Dispute by mediation, to be conducted at the initiating Party’s cost. Unless the Parties agree otherwise, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association then in effect by a mediator selected by mutual agreement of the Parties. If the Parties are unable to agree on a mediator within such thirty (30) days, or a mutually agreed extension thereof, the mediator will be selected by the American Arbitration Association. Within thirty (30) days after the mediator has been selected, both Parties and their respective attorneys shall meet with the mediator for one (1) mediation session of at least four (4) hours, it being agreed that each Party representative attending such mediation session shall be senior to the representatives designated herein, with the authority to settle the Dispute. If the Dispute cannot be settled at such mediation session or at any mutually agreed continuation thereof, either Party may give the other Party and the mediator a written notice declaring the mediation process at an end, in which the Dispute may be resolved through the courts having jurisdiction over the Parties.
Notwithstanding this Section 14.7(b) and (c) herein, the Parties shall personally bear their own costs incurred in performing this Section 14.7(a)-(c) and the party initiating the action shall bear the costs of any mediator selected or appointed hereunder. In the event of a default under these Terms of Service, the defaulting party must reimburse the non-defaulting party or parties for all costs, fees and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including, without limitation, reasonable attorneys’ fees.
14.8 Breach for Nonpayment. In the event that the Client fails to pay and deliver to Company any payment pursuant to Section 3 above, Company is not required to perform Section 14.7(a)-(c) but may instead seek resolution of the Dispute through the courts having jurisdiction over the parties without first seeking resolution through negotiation and mediation.
14.9 Waiver of Jury Trial. In the event any litigation should arise between you and the Company in any state or federal court, you and the company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
14.10 Waiver of Class or Consolidated Actions. All claims and disputes within the scope of these Terms of Service must be mediated or litigated on an individual basis and not on a class basis, and claims of more than one customer or Client cannot be mediated or litigated jointly or consolidated with those of any other customer or Client.
14.11 No Assignment. You may not assign your rights under these Terms of Service without our prior written consent, and any attempted assignment will be null and void.
14.12 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OBJECTIV SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14.13 Waiver. No failure by the Company to enforce any term or condition set forth in these Terms of Service 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 Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
14.14 Severability. 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.
14.16 Counterparts; Headings. These Terms of Service may be executed simultaneously and in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one (1) and the same instrument. The headings provided for herein are for convenience and reference only, and shall not be deemed a substantive part of the Terms.
14.17 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
14.18 Copyright/Trademark Information. All trademarks, logos and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
14.19 Notices. We may give notice to you by email or other reasonable means. You shall give notice to Objectiv by certified mail (postage pre-paid and return receipt requested) to:
Clif Griffin Development, Inc., d/b/a ObjectivAttn: Clif Griffin
1102 Commerce St, Ste. G
Lynchburg, VA 24504
QUESTIONS. Please contact us with any questions regarding these Terms of Service by emailing us at: email@example.com