Welcome to Whitney Veigas Architectural Products Inc.'s Identia Online service (the "Service"). Upon creation of a user account ("Account"), sign professionals can use the Service to upload and modify information including location plans, project documentation, and sign types ("Content"), and share this information with clients, project partners, and vendors.

By using the Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Whitney Veigas Architectural Products Inc. ("Whitney Veigas") may revise and update these Terms of Service from time to time. While we may attempt to inform you of any such changes, you should periodically review the most recent version. You may view the most recent Terms at http://identiasigns.com/online/support/online-terms.html.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.

Account Terms

1. You must be 18 years or older to use the Service.

2. You must be a human to use the Service. Accounts registered by "bots" or other automated methods are not permitted.

3. You must provide true, accurate, current, and complete information about yourself, including but not limited to your legal full name, a valid email address, and any other information requested in order to complete the signup process ("Registration Information").

4. Your Account may only be used by one person — a single login shared by multiple people is not permitted.

5. You are responsible for maintaining the security of your Account, including your user name and password. You agree to notify Whitney Veigas immediately if you suspect any unauthorized use of your account or access to your password. Whitney Veigas cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

6. You are responsible for all Content posted and activity that occurs under your account, even when Content is posted by others (for examples, Partners and Vendors) with whom you have granted access to data in your account.

7. Whitney Veigas does not pre-screen Content, but Whitney Veigas and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

9. If you become a customer of the Service, you agree that Whitney Veigas can disclose the fact that you are a customer.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts.

2. If you initially sign up for an Account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.

3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

5. For any upgrade or downgrade of the Service, the credit card that you provided will automatically be charged the new rate on your next billing cycle.

6. Downgrading your Service may cause the loss of features or capacity of your Account. Whitney Veigas does not accept any liability for such loss.

Cancellation and Termination

1. You can cancel your Account at any time by clicking on the Manage Account link at the top of the application screen. The Account screen provides a simple no questions asked cancellation button. You are solely responsible for properly canceling your Account. An email or phone request to cancel your account is not considered cancellation.

2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

3. Whitney Veigas, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Whitney Veigas service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Whitney Veigas reserves the right to refuse service to anyone for any reason at any time.

4. If you cancel your subscription to the Service, Whitney Veigas will make available to you a file of the Content in your Account within 30 days of cancellation, if you so request at the time of cancellation. You agree and acknowledge that Whitney Veigas has no obligation to retain your Content and may delete such Content more than 30 days after cancellation.

Modifications to the Service and Prices

1. Whitney Veigas reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon sixty (60) days' notice from us. Such notice may be provided at any time by posting the changes to the Identia website (www.identiasigns.com) or the Service itself.

3. Whitney Veigas shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Copyright, Content Ownership and Trademarks

1. Whitney Veigas claims no intellectual property rights to any Content you provide to or create with the Service. Your Content uploaded remains yours. However, by setting your Account to share Content publicly, you agree to allow others to view and share your Content.

2. Whitney Veigas will not review, share, distribute, or reference any Content except as provided herein, or as may be required by law. Individual records of Account or Content data may be viewed or accessed only for the purpose of resolving a problem, support issues, or suspected violation of these Terms of Service, or as may be required by law.

3. To the extent that you own the rights, including the worldwide copyright, in and to any trademarks, service marks, logos, graphics, text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you submit through the Service, you retain those rights solely and exclusively. By submitting any Content to the Service, you hereby grant to Whitney Veigas a non-exclusive license to use, modify, publicly display, reproduce, and distribute such Content solely on and through the Service. This license will terminate at the time you remove the Content from the Service, or upon cancellation or termination of your Account. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted to the Service.

4. You acknowledge that the Identia website, the Service and any and all software used in connection with the Service contains proprietary and confidential information, and that Whitney Veigas owns all right, title and interest in and to the Service and all such software, including all copyrights, trademarks, and other intellectual property rights ("Whitney Veigas Content"). You agree that you shall not use the Whitney Veigas Content in any way whatsoever except per your use of the Service in compliance with these Terms of Service. You agree not to copy, modify, distribute, or create derivative works based on the Whitney Veigas Content, and you agree not to exploit the Whitney Veigas Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

5. WHITNEY VEIGAS, IDENTIA, IDENTIA ONLINE and other Whitney Veigas trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Whitney Veigas Architectural Products Inc. in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners.

Privacy Policy

Registration Information and Content are subject to our Privacy Policy, the terms of which are incorporated into this Agreement by reference.

Representations and Warranties

You represent and warrant that (a) all of the information provided by you to Whitney Veigas to use the Service is correct and current, (b) you are authorized to submit, post and display the Content on and through the Service, and (c) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

Limitations on Liability

Whitney Veigas is not responsible for any actions or inactions on the part of any user of the Service. Whitney Veigas assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication made through the Service. Whitney Veigas is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Service or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service.

Under no circumstances will Whitney Veigas be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline. The Service is provided "AS-IS" and as available and Whitney Veigas expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Whitney Veigas cannot guarantee and does not promise any specific results from use of the Service.

Disclaimer of Warranties

WHITNEY VEIGAS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WHITNEY VEIGAS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS (EXCEPT AS EXPRESSLY STATED BY WHITNEY VEIGAS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL WHITNEY VEIGAS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WHITNEY VEIGAS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WHITNEY VEIGAS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND WHITNEY VEIGAS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

WHITNEY VEIGAS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WHITNEY VEIGAS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

Indemnity

You agree to indemnify, defend, and hold harmless Whitney Veigas and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content, including but not limited to Content you submit or otherwise make available on or to the Service, your use of the Service, your violation of these Terms, or your violation of any rights of another.

Governing Law

The laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions, govern this Agreement and your use of the Service. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts for any claim or dispute with Whitney Veigas or in any way relating to or arising from your use of the Service.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

2. You understand that Whitney Veigas uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Whitney Veigas, or any other Whitney Veigas service.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Whitney Veigas.

5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. While Whitney Veigas prohibits such Content on the Service, you understand and agree that Whitney Veigas cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.

6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Whitney Veigas customer, employee, member, or officer will result in immediate account termination.

7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

9. You must not transmit any worms or viruses or any code of a destructive nature.

10. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Whitney Veigas) of other Identia Online customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

11. Whitney Veigas does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

12. You expressly understand and agree that Whitney Veigas shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Whitney Veigas has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

13. The failure of Whitney Veigas to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Whitney Veigas and govern your use of the Service, superceding any prior agreements between you and Whitney Veigas (including, but not limited to, any prior versions of the Terms of Service).

14. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

15. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Whitney Veigas' failure to enforce any right or provisions in this Agreement will not constitute a waiver of provision, or any other provision of this Agreement. Whitney Veigas will not be responsible for failures to fulfill any obligations due to causes beyond its control.

If you have any questions regarding this Terms of Service, please contact us at identiainfo@whitneyveigas.com.