Acceptable Use Policy

Updated November 1, 2016

The following acceptable use policy (the “Terms”) govern all use of the website (the “Website”) including any associated content.

The Website is owned and operated by FPJ Enterprises, LLC d/b/a GuidePro3D (“GuidePro3D”).

Certain of the Website’s features and functions are available for use free of charge (the “Free Services”) to end users (“Users”). Free Services include freely published information and resources posted by GuidePro3D, at its sole discretion, on the Website or through its blog or email subscription service. Free Services do not include any access to GuidePro3D’s software, consulting services or quality management materials.

The Website and Free Services are offered subject to each User’s acceptance of all of the terms and conditions contained herein, and all other operating rules, policies (including, without limitation, GuidePro3D’s Privacy Policy) and procedures that may be published from time to time on the Website by GuidePro3D (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website or the Free Services each User agrees to become bound by the terms and conditions of this Agreement, as amended. If a User does not agree to all the terms and conditions of this Agreement, then such User may not access the Website, the Free Services or any related content.

1. License to Free Services.

So long as User complies with this Agreement, GuidePro3D gives User a limited, nonexclusive, nontransferable, revocable license to use the Website, solely to access the Free Services.

2. Responsibility of Users.

  1. If a User contributes to, comments upon, or otherwise posts any written content, design, process, work of authorship, documentation, formula, data or other material to the Website (together “Content”), that User is entirely responsible for that Content, and any harm resulting from that Content. By making Content available, a User represents and warrants that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if User’s employer has rights to intellectual property User create, User has received permission from User’s employer to post the Content or make the Content available on the Website;
    • User has fully complied with any third-party licenses relating to the Content
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material;
    • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; or
    • use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, threatening, abusive, hateful, or is otherwise objectionable as reasonably determined by GuidePro3D.
  2. Users shall not, and shall not agree to, and shall not authorize, encourage or permit any third party to:
    • use the Website for any fraudulent or inappropriate purpose; or
    • use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service other than copying or exporting of the Data as contemplated in the Documentation.
  3. If User deletes Content, GuidePro3D will use reasonable efforts to remove it from the Website, but User acknowledges that caching or references to the Content may not be made immediately removable.
  4. Without limiting any of those representations or warranties, GuidePro3D has the right (though not the obligation) to, in GuidePro3D’s sole discretion (i) refuse or remove any Content that, in GuidePro3D’s reasonable opinion, violates any GuidePro3D policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Free Services to any individual or entity for any reason.

3. GuidePro3D Intellectual Property.

Except for the licenses set forth in Section 1, this Agreement does not transfer from GuidePro3D to User any GuidePro3D or third party intellectual property, and all right, title and interest in and to such property, including, without limitation, the Website, will remain (as between the parties) solely with GuidePro3D. The GuidePro3D trademark and logo, and all other trademarks, service marks, graphics and logos used in connection with GuidePro3D, the Website are trademarks or registered trademarks of GuidePro3D or GuidePro3D’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Use of the Website grants User no right or license to reproduce or otherwise use any GuidePro3D or third-party trademarks.

4. Content License.

  1. When Users upload, submit, store, send or receive Content to those parts of the Website which are accessible to the general public through the Free Services, Users give GuidePro3D (and those third party contractors GuidePro3D works with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, display and distribute such Content in accordance with our policies.
  2. GuidePro3D may display User’s profile name, profile photo, and actions User takes on the Website (such as Content that User posts and comments that User posts).
  3. Except for the licenses set forth in this Section, this Agreement does not transfer from User to GuidePro3D any right, title and interest in and to Content posted by User.

5. No Obligation to Review Content.

GuidePro3D has not reviewed, and cannot review, all of the Content posted to the Website, and cannot therefore be responsible for that Content. By operating the Website, GuidePro3D does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. User is responsible for taking precautions as necessary to protect User’s self and User’s computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. GuidePro3D disclaims any responsibility for any harm resulting from the use by Users of Content on the Website or from any downloading by those Users of Content there posted.

6. Content Posted on Other Sites.

We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which GuidePro3D links, if any, and that link to the Website. GuidePro3D does not have any control over those non-GuidePro3D websites and webpages, and is not responsible for their content or their use.

7. Data Privacy.

  1. GuidePro3D reserves the right to utilize metadata (e.g. usage statistics, access activity, customer data storage profiles, etc.) for internal purposes such as marketing, research, pricing, and technical/product development.
  2. GuidePro3D will never sell or share demographic data or repository data to or with any third parties.

8. Copyright Infringement and DMCA Policy.

As GuidePro3D asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If User believes that material located on the Website or linked to by GuidePro3D violates User’s copyright, User is encouraged to notify GuidePro3D in accordance with GuidePro3D’s Digital Millennium Copyright Act (“DMCA”) Policy. GuidePro3D will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. GuidePro3D will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of GuidePro3D or others. In the case of such termination, GuidePro3D will have no obligation to provide a refund of any amounts previously paid to GuidePro3D.

9. Advertisements.

GuidePro3D reserves the right to display advertisements on the Website.

10. Changes.

GuidePro3D reserves the right, in its sole discretion, to modify, add, or remove portions and/or functionality of the Website and Free Services. GuidePro3D reserves the right, at its sole discretion, to modify or replace any part of these Terms relating to the Free Services. The revised Terms will be effective immediately upon being made available on the Website. User’s use of the Free Service after modifications to these Terms become effective constitutes binding acceptance of such changes by the User. It is User’s responsibility to check these Terms periodically for changes.

11. Warranties.

The Free Services are provided “as is”. GuidePro3D and its suppliers and licensors hereby disclaim all warranties of any kind in respect of the Free Services, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither GuidePro3D nor its suppliers and licensors, makes any warranty that the Free Services will be error free or that access thereto will be continuous or uninterrupted. User understands that User’s use of the Free Services are at User’s own discretion and risk.

12. Limitation of Liability.

  1. In no event will GuidePro3D, or its suppliers or licensors, be liable to any User with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for loss or corruption of data; or (iv) for any amount that exceeds fifty dollars ($50). GuidePro3D shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  2. In no event will GuidePro3D, or its suppliers or licensors, be liable for any deficiency or failure in the quality or regulatory functions of any User, any failure to obtain the approval of any regulatory or governmental agency, or liability arising from the products manufactured or distributed by any User under any contract, negligence, strict liability or other legal or equitable theory.

13. General Representation and Warranty.

Each User represents and warrants that (i) such User’s use of the Website will be in strict accordance with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in such User’s country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which such User resides) and (ii) such User’s use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification.

User agrees to indemnify and hold harmless GuidePro3D, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of User’s use of the Website, User’s violation of this Agreement, or User’s negligent or unlawful act or omission.

15. Miscellaneous.

  1. This Agreement, if applicable, constitutes the entire agreement between GuidePro3D and Users concerning the subject matter hereof, and supersedes all prior representations, agreements and understandings, written or oral. This Agreement will be governed by the laws of the state of North Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Mecklenburg County, North County. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. User may not assign User’s rights under this Agreement to any party. GuidePro3D may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The parties hereto are acting as independent contractors, and nothing in this Agreement shall be construed as establishing a partnership, joint venture, agency, employment or other similar relationship between the parties hereto. If the performance of this Agreement or of any obligation hereunder, except for the payment of any amounts due hereunder, is prevented, restricted or interfered with by reason of any cause beyond the reasonable control of the affected party, such party, upon prompt written notice to the other party, shall be excused from such performance to the extent of the aforementioned prevention, restriction or interference.
  2. After the expiration or termination of this Agreement, except with regard to Sections 3, 12, 14 and 15 which shall survive the termination of this Agreement, this Agreement shall be of no further force and effect and the parties shall have no further obligations hereunder.