Welcome to Whitney Veigas Architectural Products Inc.’s SeeSaw service (“SeeSaw”). SeeSaw provides a searchable network of architectural signage firms (“Signage Firms”), and a platform for facilitating the exchange of services from Signage Firms to Signage Customers (“Signage Customers”) (Signage Firms and Signage Customers are collectively referred to as “Users”).
By indicating your acceptance of the following terms of service agreement (“Agreement”), you agree to be bound by and comply with its terms. Accordingly, you should review this Agreement thoroughly and contact us if you have any questions. If you do not agree to comply with the terms of this Agreement, you should not indicate your acceptance of it, and should not use SeeSaw. In order to accept this Agreement and use SeeSaw, you must be of legal age in your applicable state or other jurisdiction to form and perform binding legal contracts. In no case is anyone under eighteen (18) years old allowed use SeeSaw.
Whitney Veigas Architectural Products Inc. (“Whitney Veigas”, “we”, “us”) may revise and update this Agreement from time to time. If you are a registered User, Whitney Veigas will notify you of any material changes to this Agreement by email. Otherwise, you may view the most recent Agreement at the SeeSaw website. Any new features that augment or enhance SeeSaw, including the release of new tools and resources, will be subject to this Agreement. Your continued use of SeeSaw after any such changes will constitute your consent to those changes.
OBLIGATIONS OF WHITNEY VEIGAS AND USERS
What We Do:
1. SeeSaw connects Signage Customers with Signage Firms that may assist them with their architectural signage needs.
2. SeeSaw provides a platform that allows Signage Customers to generate design specifications for architectural signage projects (“Design Specifications”), and makes those Design Specifications and related information available to selected Signage Firms (the “Specification Generator”).
What We Don’t Do:
Whitney Veigas does not actively participate in any interactions or transactions between Signage Customers and Signage Firms. We do not and cannot guarantee that transactions facilitated by SeeSaw will be completed. We do not make any guarantees with regard to the quality or sufficiency of any products or services offered through SeeSaw, of such products or services themselves, or of the ability or availability of any User to enter into or complete any interaction or transaction.
Interactions and Transactions
You are solely and exclusively responsible for, must evaluate and make your own judgment about, and bear all risks associated with (i) your interactions with other Users, whether online or in person, and (ii) your provision or use of any products or services as a result of interactions or transactions facilitated by SeeSaw. Dealings between Signage Customers and Signage Firms, and any terms, conditions, representations or warranties associated with such dealings, are between the Signage Customer and Signage Firm exclusively and do not involve Whitney Veigas. It is your sole responsibility to make whatever investigation and take whatever precautions you deem necessary or appropriate prior to interactions and transactions with Signage Customers or Signage Firms, whether online or in person. You enter into agreements with other Users at your own risk.
In no event shall Whitney Veigas, its officers, directors, employees, agents, licensees, or their successors or assigns, be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User (including you) in connection with use of SeeSaw, whether online or in person, including without limitation pecuniary loss, bodily injury or death, emotional distress, and/or any other damages resulting from your interactions, meetings, agreements or other dealings with Users or other persons you encounter in connection with your use of SeeSaw. Users are not employees or agents of Whitney Veigas, and Whitney Veigas is not an employer or agent of any User.
We may require that you create an account to use or access certain areas of SeeSaw and certain SeeSaw products and features. You agree to provide accurate, current, and complete information during the registration process, including your name and/or business name, and complete contact information, including your email address. We reserve the right to refuse registration for any reason at our sole discretion.
You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your account.
While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
LICENSE TO USE
Whitney Veigas grants you a non-exclusive, limited, revocable license to use SeeSaw in accordance with the terms of this Agreement. Any use, or attempt to use, SeeSaw except for the purposes clearly set forth on SeeSaw is strictly and expressly prohibited. We may terminate this license and your SeeSaw account at any time for any reason. You will not (i) modify or attempt to modify SeeSaw in any manner or form; (ii) copy, distribute, or create derivative works based on the SeeSaw Content (as defined below); (iii) impair SeeSaw or any other person’s use or enjoyment of SeeSaw, including but not limited to, by trespass or burdening network capacity; or (iv) sublicense, sell, resell, or otherwise convey SeeSaw, the SeeSaw Content, or any elements thereof.
You are solely responsible for the information you provide when using the Specification Generator, including but not limited to the project type, the project name, and the estimated bid date. Whitney Veigas has no obligation to review the information you provide and is not responsible for any errors or omissions in such information. Because Design Specifications are generated based on the information you provide, you are solely responsible for reviewing the information entered before submitting it to the Specification Generator, and reviewing the accuracy of the resulting Design Specifications.
SeeSaw, the SeeSaw website, and all elements thereof are owned by Whitney Veigas, and may be protected by copyright, trademark, patent, trade secret, and/or other laws (“SeeSaw Content”). Except as expressly stated herein, Whitney Veigas owns and retains all rights, including the worldwide copyright, in all elements of SeeSaw solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any SeeSaw Content without our prior written permission.
WHITNEY VEIGAS, SEESAW and other Whitney Veigas trademarks, service marks, graphics, and logos used in connection with SeeSaw 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 SeeSaw may be the trademarks of their respective owners. The use of company names, product names and logos or images on SeeSaw does not necessarily constitute an endorsement of the named company or products by Whitney Veigas.
Whitney Veigas claims no ownership of or any rights in any content provided or uploaded by Signage Firms, including but not limited to text and photographs (“Signage Firm Content”). To the extent you own rights to such Signage Firm Content, you retain those rights solely and exclusively. By posting Signage Firm Content to or through SeeSaw, you grant Whitney Veigas a worldwide, royalty free, non-exclusive license to copy, reproduce, modify, adapt, publicly display, and otherwise use such Signage Firm Content on and through SeeSaw.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that (i) all of the information provided by you to Whitney Veigas to use SeeSaw is correct and current, (ii) you are authorized to submit, post and display the Signage Firm Content on and through SeeSaw, and (iii) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. You also represent and warrant that your use of SeeSaw will comply with all applicable laws, and will not violate the rights, including intellectual property rights, of any third party.
LIMITATION OF LIABILITY
In no event will Whitney Veigas, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any damages of any kind, including without limitation lost profits, direct, indirect, incidental, punitive, or consequential damages, arising out of or in connection with SeeSaw, this agreement, any breach of the terms of this Agreement by any third party, death or bodily injury, emotional distress, property damage, and/or any other damages resulting from any actual or attempted transaction between Users, or the inability to use SeeSaw, even if Whitney Veigas has been advised of the possibility of such damages.
Because Whitney Veigas is not involved in transactions between Users, if a dispute arises between a Customer and a Signage Firm, the Customer and Signage Firm each release Whitney Veigas, its officers, directors, employees and agents from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Your sole and exclusive remedy against Whitney Veigas for any dispute or claim with or against Whitney Veigas or any User with respect to this Agreement or SeeSaw is to discontinue using SeeSaw.
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 SeeSaw. Whitney Veigas is not responsible for any problems or technical malfunction of any computer systems, servers or providers, computer equipment, or software, due to technical problems or traffic congestion on the internet or on SeeSaw or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from the use of SeeSaw.
DISCLAIMER OF WARRANTIES
SEESAW, INCLUDING ALL CONTENT AND INFORMATION MADE AVAILABLE THROUGH SEESAW, IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WHITNEY VEIGAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO SEESAW OR ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH SEESAW. WHITNEY VEIGAS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WHITNEY VEIGAS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND/OR PRODUCTS RESULTING FROM USER INTERACTION ON SEESAW WILL BE AS REPRESENTED BY SIGNAGE FIRMS OR THAT SIGNAGE CUSTOMERS OR SIGNAGE FIRMS WILL PERFORM AS PROMISED.
WHITNEY VEIGAS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH SEESAW, 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.
You agree to indemnify, defend, and hold harmless Whitney Veigas and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any and all third-party claims, losses, costs, liabilities, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) in connection with any Claim that arises out of or relates to (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, (ii) any transaction entered into by you as a Customer or Signage Firm, (iii) any actual or alleged infringement of any proprietary rights of any third party, or (iv) any inaccurate or untruthful information provided by you or made available through SeeSaw. “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
SeeSaw contains links to websites which may not be controlled by Whitney Veigas, and which may have their own terms of service and privacy policies. Whitney Veigas is not responsible for, and does not endorse or accept any responsibility for, the contents of or your use of such websites.
You are solely responsible for obtaining and maintaining any insurance, or verifying that a User has obtained insurance, which you deem necessary or advisable to cover any loss or damage which may be incurred by anyone in connection with the use or provision of any products or services. To the extent that you maintain such insurance, you are solely responsible for ensuring that your policy covers the intended exchange.
This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its choice-of-law rules. The federal and state courts of the Commonwealth of Massachusetts shall be the exclusive forum for resolution of claims or disputes relating to or arising out of this Agreement or your use of SeeSaw. You submit to the exclusive jurisdiction of the appropriate state or federal courts in the Commonwealth of Massachusetts in any proceeding relating to any such claim or dispute.
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 or concerns about this Agreement, SeeSaw, or Whitney Veigas, please contact us. We’d love to hear from you.
Whitney Veigas Architectural Products, Inc.
56 Coulton Park
Needham, MA 02492