Terms of Use

YOU ARE BOUND BY THESE TERMS AND CONDITIONS — READ THESE TERMS OF USE BEFORE ACCESSING OR USING THIS WEBSITE.

By accessing this website, you (“User”) accept without limitation or qualification, and agree to be bound and abide by, the following terms and conditions (Terms of Use).

Scope

These Terms of Use apply to Battle Sight Technologies, LLC (Battle Sight) websites, applications, software, and services (collectively, “Services”) that are intended for public use, and to any Battle Sight-branded mobile applications and social media presences, except where superseded or modified by a separate agreement. Any separate service agreements will accompany the applicable Services or be clearly noted.

Modifications

Battle Sight may revise and update these Terms of Use from time to time in its sole discretion. Your continued use of this website following the posting of revised Terms of Use means that you accept and agree to any and all changes to the Terms of Use.

User Conduct

You may use this website only for lawful purposes and in accordance with these Terms of Use.

You agree not to:

(i) use this website in any manner that could disable, overburden, damage, or impair this website, or interfere with any other use of this website, including, but not limited to, any user’s ability to engage in real-time activities through this website;

(ii) use any robot, spider or other automatic device, process or means to access this website for any purpose, including to monitor or copy any of the material on this website;

(iii) use any manual process to monitor or copy any of the material on this website, or to engage in any other unauthorized purpose without the express prior written consent of Battle Sight;

(iv) otherwise use any device, software or routine that interferes with the proper working of this website; or

(v) otherwise attempt to interfere with the proper working of this website.

You further understand and acknowledge that any unauthorized, anticompetitive or illegal use of the website will be in violation of state and federal law, and you will be subject to criminal and civil penalties as a result.

Linking policy

Links from Battle Sight to other websites

Battle Sight may provide limited external links as a service to our visitors. When you select a link to an external website, you leave the Battle Sight domain and are subject to the privacy and security policies of the external website.

Battle Sight may make use of some third-party sites to provide access to information that is otherwise available directly from Battle Sight.

Please note, however, that the Battle Sight:

· Does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked external website;

· Does not endorse the organizations sponsoring linked websites or the views they express or the products and services they offer;

· Cannot and does not authorize the use of copyrighted materials found in linked websites (you must request authorization from the sponsor of the linked websites if you wish to use copyrighted materials from those sites);

· Is not responsible for transmissions you may receive from external websites; and

· Does not guarantee that external websites comply with Section 508 (Accessibility Requirements) of the Rehabilitation Act.

Links from other websites to BattleSight.gov

Battle Sight does not engage in reciprocal linking arrangements. If you create a link to a Battle Sight website, you must do so in a manner that does not imply any affiliation with or endorsement by Battle Sight for your enterprise or websites.

In addition, please be aware that:

· Battle Sight websites are not archivals;

· links may change and material may be removed without warning;

· Because deep links to pages on Battle Sight websites may bypass critical instructions and notices to customers, you should take care to link to content’s parent page(s) where relevant notices and instructions may appear; and

· Battle Sight strongly encourages archival or permanent links to the Battle Sight home page only.

Blogs, collaboration, and comment policy

Battle Sight makes use of certain social media capabilities that permit informal, collaborative communications in a public forum. Participants who engage in such communications are expected to treat each other, as well as our agency and our employees, with respect, and are advised that:

· The use of vulgar, offensive, threatening or harassing language is prohibited.

· Comments should be related to the posted topic.

· Comments that make unsupported claims or accusations are not appropriate.

· Comments pertaining to the promotion or advertisement of a business or commercial transaction are not appropriate.

· Comments promoting or opposing any person campaigning for election to a political office or promoting or opposing any ballot proposition are prohibited.

· A comment should not be attributed to anyone other than the individual making the post, nor be presented in a way that is misleading about its origin.

· Communications made through social media sites will in no way constitute a legal or official notice or communication to Battle Sight or to any employee of Battle Sight for any purpose.

· All comments are subject to review and removal if they fail to conform to the policy at any time.

This policy with regard to blogs, collaboration, and comments is subject to amendment or modification at any time.

Disclaimer of Warranty; Limitation of Liability

(A) USER EXPRESSLY AGREES THAT USE OF THE WEBSITE AND ANY ITEMS OR LINKS DOWNLOADED OR ACCESSED THROUGH IT IS AT USER’S SOLE RISK. NEITHER BATTLE SIGHT, ITS SUBSIDIARIES AND AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE AND ACCESS TO THE MATERIAL CONTAINED WITHIN IT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE.

BATTLE SIGHT HAS NOT REVIEWED ALL OF THE SITES LINKED TO THE WEBSITE AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THE WEBSITE.

(B) BATTLE SIGHT’S WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

BATTLE SIGHT MAKES NO REPRESENTATION THAT MATERIALS IN THE WEBSITE ARE LEGALLY ACCESSIBLE FROM ANY PARTICULAR LOCATION AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED.

(C) UNDER NO CIRCUMSTANCES SHALL BATTLE SIGHT OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING BATTLE SIGHT’S WEBSITE CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, EVEN IF BATTLE SIGHT OR A BATTLE SIGHT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BATTLE SIGHT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

USER Specifically ACKNOWLEDGES THAT BATTLE SIGHT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.

Indemnification

User agrees to defend, indemnify and hold harmless Battle Sight, its parent, subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the unauthorized use of Battle Sight’s website by or on behalf of User.

Miscellaneous

(A) The copyright in all material provided on the website is held by Battle Sight, its subsidiaries and affiliates, or provided with permission from the copyright owner.

(B) The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Battle Sight and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. The name “Battle Sight,” or the Battle Sight logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Battle Sight. Battle Sight prohibits use of the Battle Sight logo as a “hot” link to any Battle Sight site unless establishment of such a link is approved in advance by Battle Sight in writing.