Viewabill Terms of Use Agreement

Last Updated: May 5, 2015.

Welcome to Viewabill. Any means that you may access the Viewabill service, including the website and mobile applications, and the service itself, is collectively referred to as the "Site" and is governed by this Terms of Use Agreement. The term "Viewabill" or "us" or "we" or "our" refers to Mitratech, the owner of the Site. There are two types of users on Viewabill: firms (referred to as "Firms") and their clients (referred to as "Clients"). The term "you" or "User" refers to the user or viewer of our Site, whether a Firm, a Client, or any other user.

Acceptance of Agreement.
Except to the extent you have entered into a separate written agreement with us governing your use of the Site, by using the Site you agree to comply with and be bound by the terms and conditions outlined in this Terms of Use Agreement ("Agreement"), together with the Privacy Policy and Acceptable Use Policy, with respect to the Site. You understand and agree that you are entering into this Agreement electronically, which will have the same force and effect as an agreement in writing. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site.

This Agreement may be amended by us as we deem necessary and such modifications shall take effect upon you receiving notification thereof. You further agree that we may provide you with required notices and terms about the Site electronically, either by (a) posting such notice on the Site or (b) by sending you an e-mail to the e-mail address that you provided to us. Such updates You may always review the most current version of this Agreement by clicking on the "Terms & Conditions" link on the home page of the Site.

Registration and Client Consent to Firm Access to Client Content
To use certain portions of the Site requires you to register. When registering you agree to provide us with accurate, complete registration information. You must be at least 13 years old to use the Site. Your registration must be done using your real name and accurate information. You are responsible for preventing any unauthorized use, and you agree to accept all risks of unauthorized access to your registration data. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, we prohibit the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

The Site allows Clients to view time and billing information entered on your account by a Firm that you have engaged. By using the Site and linking your account with a Firm, you are providing your consent to such Firm’s use of the Site to share time and information to you and your engaged matter or matters on the Site.

Copyright and Proprietary Information.
In this Agreement, the content on the Site, including all information, writings, methods, data, logos, marks, designs, graphics, pictures, sound files, digital download files, other files, and their selection and arrangement, is called "Content." All Content other than User Content (as defined herein) and all software available on the Site or used to create and operate the Site is the property of Viewabill or its licensors, and is protected by domestic and international copyright laws, and all rights to the Site, including such software and Content are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Viewabill.

Content provided by Users is called "User Content." User Content may belong to either Firms or Clients. User Content includes, but it is not limited to biographical information supplied by Users and any information submitted by a User for display on the Site including without limitation a Firm’s time and billing information to be shared with their Clients. All User Content is that User’s property. Viewabill’s only right to that User Content is the limited licenses granted to it in this Agreement for the purpose of operating the Site.

Our Limited License of Content to You.
Viewabill grants you a limited, revocable, non-exclusive, non-sublicensable license to access and use the Site, and to view, copy and print the portions of the Content available to you on the Site for personal or internal business use only. No Content other than User Content may be distributed by you to any third parties without our express permission. Such license is subject to this Agreement and specifically conditioned upon your compliance with this Agreement. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by us at any time.

Your Limited License of User Content to Us.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide content to Users and to operate the Site now and in the future. We also need the right to use your User Content in order to aggregate certain raw data contained or derived from that content, in a manner consistent with our Privacy Policy (link), to provide our Users additional services and information.

Therefore, by posting or distributing User Content to or through the Site, you (a) grant Viewabill and its affiliates and subsidiaries a non-exclusive, royalty-free, sub-licensable, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Site, in the manner in and for the purposes for which the Site from time to time uses such User Content; and (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Site; (ii) the use and posting or other transmission of such User Content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity; and (iii) you will comply with all of the provisions of the Viewabill Acceptable Use Policy, which can be found here.

Viewabill reserves the right to remove any User Content from the Site, suspend or terminate your right to use the Site at any time, or pursue any other remedy or relief available to us under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. We do not pre-screen User Content, but we and any designee have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Service.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site. We have the right to modify, adapt, translate, and create derivative works from such User Content because the normal operation of the Site does this to your User Content when it processes it for use and display on the Site.

Linking to the Site.
You may provide links to the Site provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site; (b) your site does not engage in illegal or pornographic activities; and (c) you discontinue providing links to the Site immediately upon request by us.

Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. We are not obligated to create or provide support, corrections, upgrades, bug fixes and/or enhancements to the Site.

Third-Party Content and Third-Party Applications.
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information, including time tracking software that you may use in connection with your use of the services. You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk.

The provider of each Third Party Site is solely responsible for that Third Party Site, the content therein, any warranties to the extent that such warranties have not been disclaimed, any training, support or maintenance for the Third Party Site, and any claims that you or any other party may have relating to that Third Party Site or your use of that Third Party Site. You acknowledge that Viewabill is not a party to the license between you and the provider with respect to that Third Party Site; and Viewabill is not responsible for that Third Party Site, the content therein, or any warranties or claims that you or any other party may have relating to that Third Party Site or your use of that Third Party Site.

Your use of any permitted third-party application is governed by the End User License Agreement that applies to that application, and not by this these Terms. That End User License Agreement is an agreement between you and the provider of that third-party application, and you acknowledge that that End User License Agreement is a binding agreement between you and that provider. Your use of the Services through a third party application, including any Content that may be delivered to you from the third party application, is subject to the Acceptable Use Policy.

Security Standards.
We will comply with the security and back-up standards set forth on Security Standards page (the "Security Standards") and that the Security Standards are in compliance with all applicable federal and California state privacy and data security laws, rules, regulations and industry standards.

Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or violation of any other agreement or infringement of the rights of any third party through your use of the Site.

Disclaimer.
THE INFORMATION, ADVICE, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN THE NEXT SECTION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH ADVICE IS AT YOUR OWN RISK. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Limitation of Liability.

  1. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any services or products obtainable therefrom, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, or (iv) the content contained on the Site.
  2. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT SPENT ON SERVICES OR PRODUCTS OFFERED BY THE SITE, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
  3. Use of Information.
    We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy (link). All remarks, suggestions, ideas, graphics, or other information about the Site communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

    Privacy Policy.
    Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link (link).

    Acceptable Use Policy.
    Our Acceptable Use Policy, as it may change from time to time, is a part of this Agreement. You must review this Acceptable Use Policy by clicking on this link (link).

    Legal Compliance.
    You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the content and materials provided therein.

    Inactive Accounts; Cancellation; Termination of Agreement.
    You and/or Viewabill may terminate this Agreement and your use of the Site at any time. Specifically, we reserve the right to terminate your user account and your use of the Site without prior notice if we believe in our discretion that you have violated or acted inconsistently with this Agreement. When your account is terminated we may retain an archival copy of your User Content after termination for up to 120 days; however, we do not make any guarantee that we will do so.

    Miscellaneous.
    You and we are independent parties, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or the licenses within it, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid.

    This Agreement shall be treated as though it were executed and performed in Columbus, Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth herein. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

    Electronic Communications.
    When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    Notice of Official Request for Information.
    In the event that Viewabill is served with a notice that we are legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand or similar process) or are required by a regulatory body (collectively "Official Request for Information") to disclose your User Content or Viewabill has direct knowledge that a service provider used by Viewabill has been served with an Official Request for Information that would require disclosure of your User Content, we will notify you within 24 hours of our actual notice of such Official Request for Information. Such notification to you may be made electronically as set forth in the Electronic Communications Section 21 above.

    Questions and Comments

    If you have any questions regarding this Agreement or your use of the site please contact us here:

    Mitratech
    5001 Plaza on the Lake, Suite 111
    Austin, TX 78746

    Attention: Legal Department

    Email: info@mitratech.com