The Typical Guru.com and clearview.Typical Guru.com websites (collectively, the “Website”) are intended to provide information about the products and services of Typical Guru, Inc. (“Typical Guru”). Users of the Website may include current customers, potential customers, business partners, and other Website visitors (collectively, “Users”). On the Website, Users may be able to obtain information regarding Typical Guru’s products and services, obtain training information and materials relating to those products and services, obtain information regarding Typical Guru’s business partners and third-party products and services, download updates to Typical Guru software products, and post information and correspond with other Users of the Website.
The Website is comprised of various web pages owned and operated by Typical Guru. Please browse the Website and make use of its various features, but please be aware that your use of the Website is subject to the following terms and conditions. Your use of the Website constitutes your agreement to be bound by, and to act in accordance with, all terms, conditions, and notices set forth in these Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.
Modification/Suspension/Discontinuance of the Website and/or Your Access. Typical Guru reserves the right to modify, suspend, or discontinue the Website, any portion of the Website, any information or offerings made available through the Website, and/or your access to the Website at any time and without prior notice or liability to you.
Username and Password. To use certain features of the Website, you must use a username and password. You are responsible for maintaining the confidentiality and security of your username and password. You are responsible for all activity occurring under your username and password. You agree to immediately notify Typical Guru of any unauthorized use of your username or password or any other breach of security.
No Unlawful or Prohibited Use. As a condition of your use of the Website, you warrant to Typical Guru that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or servers or networks connected to the Website. You may not use the Website in any manner that could interfere with any other party’s use and enjoyment of the Website. You may not, through any means, obtain or attempt to obtain any materials or information not intentionally made available through the Website. You agree that your use of the Website will not violate the rights of any third party or breach any contract or duty to any third party.
Typical Guru reserves the right, but has no obligation, to investigate your use of the Website to determine whether you have violated these Terms of Use or failed to comply with any applicable law, regulation, legal process, or government request.
Privacy Notice. Your use of the Website constitutes your acknowledgment of and agreement to our Privacy Notice. This Privacy Notice is incorporated into and made a part of these Terms of Use. For information on how Typical Guru uses and protects the personal and anonymous information you may provide through the Website or provide through other interactions with Typical Guru, view our Privacy Notice by clicking here.
Intended Users. By accessing, providing information on or through, or otherwise using the Website, you affirm that you are at least eighteen (18) years old, or that you are over the age of thirteen (13) and possess legal parental or guardian consent, and that you are competent and capable of understanding and complying with these Terms of Use and that you acknowledge Typical Guru may contact you if you provide contact information such as an email address. Typical Guru will never knowingly solicit or accept personally-identifiable information from children under the age of thirteen (13) and will never knowingly contact children under the age of thirteen (13) for marketing purposes.
Posting Content and Interacting with Other Users.
As part of the Website, Users are allowed to post information and possibly other material and to interact with other Users, including through a blog on the Website (all information and material posted by Users is referred to in this Section 6 as “Content”).
Rules Regarding Posting Content. You are solely responsible for any Content that you post on the Website, or that you allow others to post under your username. You can edit or remove some or all of your Content at any time or contact Typical Guru Construction Software to remove it for you if you are unable to do so yourself. Copies of your posts (even if you remove the original posts) may remain in our storage media, according to Section 6(d) below. You must not use the Website (including the features that allow you to post Content) for unlawful purposes or to promote illegal activities. If you do use the Website for such purposes, your access may be suspended or terminated, and Typical Guru may notify law enforcement authorities of your actions.
Ownership of Content. Typical Guru owns all right, title, and interest in and to all Content posted on the Website. By posting Content, you acknowledge Typical Guru’s unrestricted right to use or disclose the Content (or materials or ideas similar to the Content) in any media, now known or hereafter developed, without notice, compensation, or other obligation to you or any other person. You further acknowledge and agree that Typical Guru may have something similar to the Content already under consideration or development. Users who post Content on the Website will retain a non-exclusive license to use, reproduce, publish, edit, translate, modify, adapt, distribute, publicly perform, publicly display, and make derivative works of the Content alone or as part of other works.
Users will not be paid any compensation for their posts of Content. Typical Guru is under no obligation to post or use any Content you may provide, and Typical Guru may remove any Content at any time for any or no reason in Typical Guru’s sole discretion. In the event Typical Guru removes any Content you posted on the Website, Typical Guru maintains ownership of the Content and reserves the right to disclose any Content as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to otherwise use the Content in any manner.
By posting Content, you warrant and represent that the use and posting of the Content will not infringe, misappropriate, or otherwise violate the copyright, trademark, trade secret, right of publicity, or other proprietary, privacy or other rights of any third party. You shall be solely liable for any damages resulting from any infringement, misappropriation, or other violation of copyright, trademark, trade secret, right of publicity, or other proprietary, privacy, or other right of any third party, or any other harm resulting from your use of the Website.
By posting Content, you warrant and represent that the use and posting of the Content will not infringe, misappropriate, or otherwise violate the copyright, trademark, trade secret, right of publicity, or other proprietary, privacy or other rights of any third party. You shall be solely liable for any damages resulting from any infringement, misappropriation, or other violation of copyright, trademark, trade secret, right of publicity, or other proprietary, privacy, or other right of any third party, or any other harm resulting from your use of the Website.
No Endorsement or Guarantee. Content posted by Users is the responsibility of the Users who make such postings. The Website may contain offensive, harmful, inaccurate, unreliable, deceptive, or otherwise inappropriate Content posted by Users. Typical Guru is not obligated to monitor the Content and takes no responsibility for such Content. Typical Guru merely provides access to such Content as a service to Users. Typical Guru may or may not pre-screen Content before it is posted, and Typical Guru shall have the right, but not the obligation, in its sole discretion to refuse to post Content. Typical Guru also reserves the right to remove any Content for any or no reason in Typical Guru’s sole discretion at any time and without prior notice or liability to the User who posted the Content or to any other party. Typical Guru does not endorse or guarantee in any way the accuracy or reliability of the Content. You acknowledge and agree that any reliance on the Content will be at your own risk.
Retention and Storage. Typical Guru retains the right to make archival and back-up copies of and to store the Content, including drafts of Content that you never actually post to the Website, indefinitely. You agree, however, that Typical Guru has no responsibility or liability for the deletion of, or failure to store or transmit, any Content.
Copyright Policy. Typical Guru will disable access to or remove Content that it believes in good faith is infringing a copyrighted work. Typical Guru will suspend and/or terminate access of Users of the Website that Typical Guru believes in good faith are repeat copyright infringers. It is Typical Guru’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed by Content posted on the Website, please refer to Typical Guru’s Digital Millennium Copyright Act Policy for information regarding how to file or respond to a notice of infringement. This Digital Millennium Copyright Act Policy is incorporated into and made a part of these Terms of Use, and your use of the Website constitutes your acknowledgement of and agreement to the Digital Millennium Copyright Act Policy.
Feedback. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Typical Guru through any suggestion or feedback webpage on the Website or otherwise in your interaction with Typical Guru, you acknowledge and agree that: (a) your Contributions do not contain the confidential or proprietary information of you or any third party; (b) Typical Guru is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Typical Guru is entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (d) Typical Guru may have something similar to the Contributions already under consideration or development; (e) your Contributions automatically become the property of Typical Guru; and (f) you are not entitled to any compensation of any kind from Typical Guru for your Contributions.
Use of Website Materials and Trademarks. The Website, including all the material on the Website, is the sole and exclusive property of Typical Guru or its licensors. Typical Guru and its licensors retain all right, title, and interest (including all copyright, trademark, and all other proprietary rights) in the Website. Unless otherwise provided in these Terms of Use or in a specific portion of the Website, no part of the Website may be copied, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, licensed, or distributed in any way, except that you may download one copy of the materials on any single computer solely for your own personal use, provided you keep intact all copyright, trademark, and other proprietary notices on the materials. Any displays or printouts of any part of the Website must be marked as follows: “© 2015 Typical Guru Construction Software. All rights reserved.” Unless otherwise provided in these Terms of Use or allowed by law, you may not modify, translate into any language or computer language, create derivative works based on, or reverse engineer any material on the Website. Any unauthorized modification of the materials or use of the materials for any unauthorized purpose is a violation of Typical Guru’s copyright, trademark, and other proprietary rights and is strictly prohibited. Unless otherwise provided in these Terms of Use, the use of any such material on any other website or computer network without Typical Guru’s written consent is strictly prohibited. Your use of the trademarks, service marks, trade names, and logos on the Website (“Marks”) in any manner other than as authorized in these Terms of Use or elsewhere in a specific portion of the Website, or as authorized in writing by Typical Guru or the owner of the Mark(s), is strictly prohibited.
Links to Third-Party Sites. The Website may contain links to other websites (“Linked Sites”) as a convenience to you. If you click on the links, you will leave this Website and be subject to the terms of use and privacy policies of the Linked Sites. The Linked Sites are not under the control of Typical Guru, and Typical Guru is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Viruses. We make reasonable attempts to exclude viruses from the Website, but we cannot ensure that the Website will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading any information from the Website. Typical Guru assumes no responsibility for, and you are solely responsible for, any damages to computer equipment or other property that may result from use of the Website or downloading anything from the Website.
Warranty Disclaimer. The information, content, products, training, and other services available through the Website may include inaccuracies or typographical errors. Unless otherwise agreed by you and Typical Guru in writing, Typical Guru makes no representations about the suitability, reliability, availability, timeliness, or accuracy of the information, content, products, training, and other services contained on the Website for any purpose. To the maximum extent permitted by applicable law, all such information, content, products, training, and other services are provided “as is” and “as available” without warranty or condition of any kind. Unless otherwise agreed by you and Typical Guru in writing, Typical Guru hereby disclaims all warranties and conditions with regard to the information, content, products, training, and services offered through and/or contained on the Website, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and noninfringement. Typical Guru expressly disclaims any representation or warranty that the operation of the Website will meet the User’s requirements; that the Website will be free from viruses or other harmful components; that communications to or from the Website will be secure and not intercepted; that the capabilities offered on the Website will be uninterrupted; or that access to the Website will be free from errors or defects or that such errors or defects will be corrected. Typical Guru does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, any Linked Site, or any banner or other advertisement.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Typical Guru be liable for any direct, indirect, punitive, incidental, special, or consequential damages, including without limitation damages for loss of use, data, or profits, arising out of or in any way connected with (a) the use, inability to use, delay, or performance of the Website; (b) the provision of or failure to provide services; (c) any information, content, products, training, and other services obtained through the Website; or (d) any other matter relating to the Website, whether based on contact, tort, negligence, strict liability, or other theory of liability, even if Typical Guru has been advised of the possibility of such damages. If you are dissatisfied with any portion of the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
Limitations to Sections 11 and 12. Applicable law may not allow the exclusion of certain warranties or the exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions in Sections 11 and 12 may not apply to you. However, in no event shall Typical Guru’s total liability to you for damages, losses, and causes of action (whether in contract, tort, negligence, strict liability, or other theory of liability) exceed the amount paid by you, if any, for accessing or using features of the Website.
Indemnification. You agree to defend, indemnify, and hold harmless Typical Guru and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, causes of action, or demands, including without limitation reasonable attorneys’ fees and costs, arising out of or relating to your breach of these Terms of Use, your violation of any law or right of any third party through your use of the Website, or your use or misuse of the Website.
Termination/Access Restriction. In the event that you violate any of these Terms of Use, Typical Guru reserves the right, in its sole discretion, to immediately terminate your access to the Website, or any portion thereof, and the related products and services. Typical Guru shall not be responsible to you for such termination. Upon such termination, any payment you have made to Typical Guru for use of the features on the Website will not be returned to you. Upon such termination, you must immediately discontinue use of the Website and destroy any copies you may have made of any portion of the Website. Upon termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account. Typical Guru may retain copies of information and content related to your account for archival and backup purposes. Accessing the Website after such termination will constitute an act of trespass.
Discontinued Use/Survival. You may discontinue your participation in and access to the Website at any time. These Terms of Use will continue to apply to all past use of the Website by you, even if you are no longer using it, whether voluntarily or because Typical Guru terminated your access.
Modification to Terms of Use. Typical Guru reserves the right to change these Terms of Use at its discretion. We will post any new Terms of Use here, and we encourage you to visit this area frequently to stay informed. If changes are significant, Typical Guru will also notify you of such changes via the contact information you have provided to Typical Guru. Changes to these Terms of Use will apply immediately after the date on which we post the revised Terms of Use to the Website. Each version of these Terms of Use will be identified at the top of the page by its effective date, and we will keep prior version of these Terms of Use in an archive for your review.
Contact Us. Contact Typical Guru in any of the following ways if you have any comments or questions about these Terms of Use or Typical Guru’s products or services.
Address: 1515 SE Water Avenue, Suite 300, Portland, Oregon 97214, USA
E-mail: legal@Typical Guru.com
Phone: (971) 255-4800
Fax: (971) 255-4747
Severability. The provisions of these Terms of Use are independent of each other, and the invalidity or unenforceability of any term, clause, or provision of these Terms of Use shall not affect the validity or enforceability of any other term, clause, or provision, and such invalid or unenforceable term, clause, or provision shall be deemed to be removed from these Terms of Use.
General. These Terms of Use are governed by the laws of the State of Oregon, USA, and you hereby consent to the exclusive jurisdiction and venue of courts, both federal and state, in Portland, Oregon, USA in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Typical Guru as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of Typical Guru’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Typical Guru with respect to such use. If Typical Guru fails to act with respect to your breach or default of any of these Terms of Use, Typical Guru is not waiving its right to act with respect to any subsequent and/or similar breach or default. You may not assign, delegate, or transfer your rights or obligations under these Terms of Use. We may assign our rights under this Agreement without your consent. Unless otherwise specified in these Terms of Use or agreed by you and Typical Guru in writing, these Terms of Use constitute the entire agreement between you and Typical Guru with respect to the Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted in these Terms of Use are reserved by Typical Guru.
Typical Guru’s Digital Millennium Copyright Act Policy
Typical Guru Construction Software (“Typical Guru”) has adopted this policy in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
Infringement Policy. Typical Guru will respond to clear notices of alleged copyright infringement that comply with or substantially comply with the requirements set forth below. Typical Guru does not act as an arbiter or judge of disputes about intellectual property rights. It is Typical Guru’s policy to disable access to or remove text and other material (“Content”) posted on Typical Guru’s Typical Guru.com and clearview.Typical Guru.com websites (collectively, the “Website”) by website users that Typical Guru believes in good faith is infringing a copyrighted work. By disabling access to or removing Content, as a prudential matter, Typical Guru is not endorsing or validating a claim of infringement. If Typical Guru disables access to or removes Content from the Website, Typical Guru will make a good-faith attempt to contact the party responsible for posting or displaying the Content so the owner may make a counter-notification as provided for below. It is also Typical Guru’s policy to suspend and/or terminate access of users that Typical Guru believes are repeat copyright infringers. Typical Guru will document notices of alleged infringement and counter-notifications.
Designated Agent. In accordance with the DMCA, Typical Guru has a Designated Agent to handle copyright infringement notices and counter-notifications.
Designated Agent’s contact information:
Typical Guru, Inc.
Attn: DMCA Agent
Address: 1515 SE Water Avenue, Suite 300, Portland, Oregon 97214, USA
E-mail: legal@Typical Guru.com
Phone: (971) 255-4800
Fax: (971) 255-4747
Infringement Notification. If you believe your work has been displayed or otherwise used on the Website in a manner that infringes your copyright, you must provide written notification of such to Typical Guru’s Designated Agent via mail, fax, and/or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your work has been infringed by Content on the Website. If you are unsure whether your work has been infringed, we recommend that you contact an attorney before sending notice to Typical Guru’s Designated Agent.
You must use the following format for your written notification:
Identify in sufficient detail your copyrighted work that you believe has been infringed by Content on the Website;
Identify the Content on the Website that you claim infringes your copyrighted work. You must identify all Content that you believe infringes, describe how the Content infringes your work, and describe where the Content is located on the Website with sufficient detail so that Typical Guru can verify its existence and remove it if Typical Guru believes in good faith that it infringes your copyrighted work. In the event that the allegedly-infringing Content is located in more than one place on the Website, identify each location;
Provide your contact information, including your full name, mailing address, telephone number, and e-mail address;
You must include a statement that, under the penalty of perjury, you have a good-faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
You must include a statement that, under the penalty of perjury, you have a good-faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
You must include a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
You must sign the written notification physically or electronically.
In addition to the foregoing, it would help if you included a copy of the copyright Certificate of Registration for your work, if any, or other information that supports your claim that the work is protected by copyright and that you are the owner of that copyright.
Review of Infringement Notices. After the Designated Agent receives your infringement notice, Typical Guru will review it. If your notice contains the required information as explained above and if Typical Guru has a good-faith belief that the Content is infringing your copyright, Typical Guru will remove or disable access to the infringing Content.
Counter Notification. The provider of affected Content may make a counter notification pursuant to the DMCA. To file a counter notification, you must provide written notification to Typical Guru’s Designated Agent via mail, fax, and/or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your Content is not infringing the copyright of a third party. If you are unsure whether your Content infringes the work of a third party, we recommend that you contact an attorney before sending notice to Typical Guru’s Designated Agent.
You must use the following format for your written notification:
Identify the Content that has been removed or to which access was disabled, including a description of where the Content was located on the Website before it was removed or before access to it was disabled. In the event that the Content was located in more than one place on the Website, you should identify each location;
Provide your contact information, including your full name, mailing address, telephone number, and e-mail address;
You must include a statement that, under the penalty of perjury, you have a good-faith belief that the Content was removed or blocked as a result of mistake or misidentification of the Content to be removed or blocked;
You must include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, in the District Court of Oregon, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person; and
You must sign the written notification physically or electronically.
Review of Counter Notification. After the Designated Agent receives your counter notification, Typical Guru will review it. Typical Guru may determine that the Content is not infringing and may reinstate the Content or access to the Content on the Website.
Notice of Repeat Infringement and Account Termination. Typical Guru will, if appropriate, terminate repeat infringers’ access to the Website. If you believe a Website user is a repeat infringer, please follow the instructions above to contact Typical Guru’s Designated Agent and provide sufficient information so Typical Guru can verify that the user is a repeat infringer.