Terms & Conditions

Trimble Viewpoint Network Terms and Conditions

Viewpoint, Inc., and its affiliated companies (collectively, “we” or “Viewpoint”) may offer Members (“you” or “Member”), defined below, the opportunity to earn rewards by participating in online customer platform (the “Program”). The Program is administered by Influitive Corporation, 111 Peter Street, 3rd Floor, Toronto ON M5V 2G9 Canada (“Influitive”). The Company and Influitive are collectively referred to as “Program Entities.”

These terms (“Terms and Conditions”) and the Influitive Terms of Service (https://influitive.com/terms-of-service/) (collectively, the "Program Terms") apply to your participation in the Program. By participating in the Program, you agree to be bound to the Program Terms.

1. Program Overview

The Program allows Members to earn points by participating in a variety of activities and challenges ("Challenges"), including referring new customers to Viewpoint (“Referral”). Points may be accumulated and redeemed for certain rewards, such as discounts on Viewpoint products and services, gift cards, third-party products, charitable contributions, and other rewards (each a "Reward"). The Program also provides a network for Members to connect with each other, post comments, and share experiences related to Viewpoint products and services.

We reserve the right to modify these Terms and Conditions, the Challenges, and Rewards at any time. We may disqualify any Member from participation in the Program if you do not comply with any Program Terms. Influitive reserves the right to modify its Terms of Service at any time.

2. Privacy and Consent to Use Your Data

Participation in the Program may require you to submit personal information about yourself, such as name, title, company, mailing address, phone number, company email address, and profile photo. In addition, you may voluntarily provide personal information via the Challenges. Certain information you provide will be publicly viewable to other Members within the Program, including your name, title, city, company, and profile photo.

Your personal information will be collected, processed and used in accordance with Viewpoint's Privacy Notice, which can be found at https://viewpoint.com/legal/privacy-notice. For information on Influitive's practices, visit its Privacy Policy at https://influitive.com/privacy-policy/.

Viewpoint may use your personal information to contact you about the Program and send you marketing emails related to Viewpoint's products and services. You may opt out of receiving these emails by clicking on the opt-out/unsubscribe link located at the bottom of any of the emails and following the instructions. If you opt out of receiving marketing emails from Viewpoint, you will continue to receive administrative emails regarding your participation in the Program.

In addition, information about current customers of Viewpoint or one of its affiliates may be in Viewpoint’s databases ("Preexisting Information"). When you sign up for the Program, Viewpoint may share this Preexisting Information with Influitive in order to complete your Program profile.

By accepting these Terms and Conditions, you hereby consent to the data practices described herein and in the applicable privacy policies.

3. Eligibility Criteria for Participating in the Program

In order to participate in the Program, you must receive an invitation, meet all eligibility requirements, and accept these Terms and Conditions. Invitations come directly from Viewpoint. Current Members may suggest other potential Members to receive invitations from Viewpoint, which are subject to Viewpoint's sole approval.

Members are legal residents of Canada or the 50 U.S. states and the District of Columbia, who:

  1. Are the age of majority in your jurisdiction;
  2. Are an employee of (a) Viewpoint; (b) a current Viewpoint customer; or (c) a current Viewpoint Industry Partner (“VIP”);
  3. Have a business email address with a domain matching that of (a) Viewpoint; (b) a current Viewpoint customer; or (c) a current VIP; and
  4. Are eligible to participate in the Program under your employer's policies

Employees of Program Entities or their subsidiaries or affiliates are not eligible.

Your participation may require approval by your employer. It is your sole responsibility to review and understand your employer's policies regarding your eligibility to participate in promotions such as this Program. By participating in the Program, you warrant and represent that your actions do not violate your employer’s policies and procedures. The Program Entities disclaim any and all liability or responsibility for disputes arising between participants and their employer related to this matter.

4. Account Creation

Upon receiving an email invitation from Viewpoint to join the Program, you may create an account by clicking on the link within the invitation email. You must use the email address associated with your employer, which must be Viewpoint, a current Viewpoint customer, or a current VIP. You will then create access credentials to log into the Program. You are responsible for all activities that occur under your account, whether or not you know about them, so please keep your access credentials secret.

Your account is valid only for your current role with your current employer; accounts, points, and Rewards cannot be transferred to any other member or user at your company.

5. Earning Rewards

Members may earn points by submitting Referrals, suggesting colleagues to join the Program, and participating in Challenges. Points may be redeemed for various Rewards.

5.1. Customer Referrals
To earn points for Referrals, you must submit a Qualified Referral to Viewpoint. All Referral requests must be submitted using the Referral form provided within the Program. Referrals are subject to Viewpoint's sole review and approval.

Points can be earned only for Qualified Referrals. A Qualified Referral means that all the following conditions are met:

If Viewpoint has already identified the potential Referral as a prospective customer at the time of your referral request, you will not earn any points for such Referral. If a Qualified Referral is referred by multiple Members, the first Member to submit the required information based on the date and time of the submission will be the only Member entitled to receive the points.

You may earn 500 points for referring a Qualified Referral to Viewpoint. Viewpoint may contact your Qualified Referral to discuss a business relationship.

You may earn an additional 2,000 points if your Qualified Referral responds to Viewpoint's inquiry and indicates an interest in becoming a customer.

You may earn an additional 5,000 points upon your Qualified Referral converting to a customer by executing a sales contract with Viewpoint or an affiliate at any time after becoming a Qualified Referral.

5.2. Suggesting New Members
You may earn points by suggesting new potential Members for Viewpoint to invite to join the Program. Potential new Members must meet the eligibility criteria described above. Suggested Members must be individuals who work at your company and with whom you work (directly or indirectly). Bulk email distribution, solicitation of strangers, or any other promotion in a manner that would appear to constitute unsolicited commercial email or "spam" (in the Program Entities' sole discretion) is expressly prohibited.

5.3. Challenges
You may also earn points by participating in Challenges, such as training activities, providing product reviews, interacting with the Program, and other activities. The number of points that may be earned by completing a particular Challenge varies depending on the Challenge. Your completion of a Challenge is subject to verification by Viewpoint. Your points are not transferable.

The Program Entities may withhold points for investigation or refuse to process any transaction that Viewpoint deems fraudulent, suspicious, in violation of these Terms and Conditions. All Company decisions are final and binding, including decisions as to whether a Qualified Referral, point, or completion of an activity is valid.

5.4. Drawings
Certain Challenges may be designated as drawings, with the chance to win additional points or other prizes. To enter a drawing, participate in the Challenge that is designated as a "Drawing" during the entry period described in the applicable Challenge. After completing the Challenge, you will be automatically entered into a drawing to win the number of extra points as described in the applicable Challenge. No purchase is necessary to take part in such Challenge. The odds of winning depend on the number of eligible entries received. If the potential winner is a Canadian resident, before being declared a winner, the selected entrant must first correctly answer, unaided, a time-limited mathematical skill-testing question to be administered by telephone at a prearranged mutually convenient time or e-mail.

The approximate retail value (if any) of a particular prize will be disclosed on the Challenge relating to the particular drawing.

Viewpoint employees may not participate in Drawings.

6. Redeeming Rewards

To claim a Reward, select the desired Reward and click "Redeem this Reward." You may select Rewards from any level, as long as you have a sufficient number of points available in your account.

Assigned point requirements are subject to change from time to time without notice, and we may substitute Rewards at any time. Should we discontinue a Reward, we will replace with a Reward of equal or greater value or, if no suitable substitute is available, we will advise you to make an alternate selection.

Merchandise Rewards will usually arrive by a commercial delivery service or the U.S. Postal Service within 4-6 weeks of processing your order. We must have a street address to process an order. Applicable manufacturers’ warranties may be included with your Reward. Warranty claims must be directed to the manufacturer. ALL REWARDS ARE PROVIDED AS-IS. THE PROGRAM ENTITIES MAKE NO PRODUCT REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIM ANY AND ALL LIABILITY AS TO THE CONDITION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF PRODUCTS OR SERVICES PROVIDED THROUGH THE PROGRAM.

Points have no cash value and cannot be exchanged for cash or credit. Points cannot be combined with cash to obtain a Reward. Rewards are not transferable and may not be auctioned, traded, bartered or sold. If your account is terminated for any reason, any unredeemed points will be forfeited.

Additional restrictions may apply to particular Rewards. See details in each Reward for restrictions. Viewpoint employees are ineligible to redeem earned points for rewards.

7. Guidelines on Endorsements and Testimonials

As a Member, you may have the opportunity to share your experiences with Viewpoint products, both within the Program network and publicly. You are responsible for making truthful and accurate statements about Viewpoint products and services.

You must disclose your relationship with Viewpoint at the outset of any referral communication and any other public comments regarding Viewpoint, including posts on social media. You must disclose the fact that you may receive a Reward for a successful Referral. Disclosures must be clear and conspicuous.

8. Member Content

You may choose to post photos, reviews, advice, Feedback (defined below), responses, and other content ("Member Content") in connection with participating in the Program (including Challenges and Program discussion forums). As between the Program Entities and you and except for Viewpoint employees, you retain ownership over your Member Content.

8.1. License to Use Member Content
By providing Member Content, you hereby grant us permission to use, copy, and modify your Member Content for the purpose of operating, developing, and improving the Program and Viewpoint products and services. This license is transferable and irrevocable. After you stop using the Program, copies of your Member Content may continue to exist within the Program. However, you acknowledge that the Program Entities have no obligation to maintain your Member Content after the termination of your account.

Member Content may include ideas, suggestions, documents, and proposals (“Feedback”). Providing Feedback is voluntary. With respect to Feedback, you acknowledge that:

By uploading or posting Member Content, you acknowledge that Member Content will be exposed to other Members, who may copy, re-post, and otherwise use your Member Content in connection with the Program.

Viewpoint may make archival and back-up copies of Member Content indefinitely. You agree that Viewpoint has no responsibility or liability for the deletion of any Member Content.

8.2. Prohibited Member Content
You acknowledge that Member Content is not prescreened. However, Viewpoint reserves the right to remove Member Content at its sole discretion. You may not post any Member Content that falls into any of the following categories:

8.3. Copyright Policy
Viewpoint will disable access to or remove Member Content that it believes in good faith is infringing a copyrighted work. Viewpoint will suspend or terminate access of Members that Viewpoint believes in good faith are repeat copyright infringers. If you believe that your copyright has been infringed by Member Content posted through the Program, please refer to Viewpoint’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 and Conditions.

9. Viewpoint Content

All materials provided through the Program, such as training materials, Challenges, photos and graphics, features and functionality, and the software powering the Program (“Materials”), are the property of Viewpoint, Influitive, or their respective licensors. The Materials are protected by copyright, trademark and other intellectual property laws. As used in these Terms of Use, “Materials” excludes Member Content.

Viewpoint®, Vista™, Spectrum™ and other trademarks and logos that we use are trademarks of Viewpoint. Any third-party trademarks that appear within the Program are the property of their respective owners. You may not use any of these trademarks without express permission from Viewpoint or their owners.

So long as you comply with these Terms and Conditions, you may use and download a single copy of the Materials, solely in connection with your status as a Member, and solely to fulfill your obligations to your employer.

10. Confidentiality

By accessing and using the Program, you may encounter confidential information owned by Viewpoint or its customers, including information relating to Viewpoint or its customers' technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and personal information (“Confidential Information”), in each case, whether or not designated as “confidential.” You agree that you shall: (a) not access or use Confidential Information other than as permitted in connection with your role as a Member; (b) not disclose or permit access to Confidential Information to any third party; and (c) safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care you use to protect your own confidential information (in no event less than a reasonable degree of care).

11. Terminating the Program

Your Member account may be terminated as follows:

11.1. Ceasing to be a Member
If you leave your current company, your account will terminate automatically. If you start a new position with a different company that is also a current Viewpoint customer or VIP, you may request an invitation to become a Member. However, any points that you previously accumulated under your prior Member account will not transfer to your new Member account.

11.2. Upon Your Request
You may request that your Member account be terminated by emailing Kathleen Orazio, Kathleen.orazio@viewpoint.com and requesting removal from the Program.

11.3. At Viewpoint's discretion
Viewpoint may terminate your account if your employer ceases to be a Viewpoint customer or VIP, or if Viewpoint believes (in its sole discretion) that you may have violated these Program Terms.

Viewpoint may terminate the Program for any reason 30 days after providing notice of termination on the Program website. Viewpoint specifically reserves the right to alter, withdraw or terminate any Reward without notice or liability to the affected Member. Any changes may also affect Program points that you have accumulated, as well as any future accumulation of points. Points that have not been redeemed by the effective date of the Program termination will be forfeited.

In the event of termination, the Program Entities may retain your personal information in accordance with their respective privacy policies.

12. Links to Third-Party Sites

The Program may contain links to other websites (“Linked Sites”) as a convenience to you. If you click on the Linked Sites, you will leave the Program platform and be subject to the terms of use and privacy policies of the Linked Sites. The Linked Sites are not under the control of Viewpoint, and Viewpoint is not responsible for the contents of any Linked Site.

13. Warranty Disclaimer

Applicable manufacturers’ warranties may be included with Rewards. Warranty claims must be directed to the manufacturer.

The Program is developed and hosted by a third-party company, Influitive. You acknowledge that Viewpoint has no liability for the functionality or security of the Program. Viewpoint makes no representations about the suitability, reliability, availability, timeliness, or accuracy of the Materials, Rewards, or the Program for any purpose. To the fullest extent permitted by law, the Program, Rewards, and Materials are provided “as is” and “as available” without warranties any kind. To the fullest extent permitted by law, Viewpoint disclaims all warranties with regard to the Program, Rewards, and Materials, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Viewpoint expressly disclaims any representation or warranty that the Program, Rewards, or Materials will meet your requirements; that the Program, Rewards, or Materials will be free from viruses or other harmful components; or that communications within the Program will be secure and not intercepted.

14. Limitation of Liability

*To the maximum extent permitted by applicable law, Viewpoint, its affiliates, officers, directors, employees, agents, services providers and licensors will not be liable to you or anyone else for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty, or any other legal theory. *

In no event will Viewpoint’s total liability to individual Members arising out of or in connection with the Program or Materials exceed $1,000.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Viewpoint and you.

15. Indemnification

You agree to defend and indemnify Viewpoint, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of any applicable rule, law, or regulation; (ii) your breach of the Program Terms; and/or (iii) your use of the Program. You cannot enter into any settlement that affects an indemnified party’s right or interests without the indemnified party’s prior written consent.

16. Modifications to Terms and Conditions and Privacy Notice

We have the right to change the Terms and Conditions and Privacy Notice at any time. If we make any changes, we’ll let you know, either by posting the modifications on the Program or by communicating with you directly. Changes will be effective 30 days after providing notice. Your continued use of the Program will be considered your acceptance to the changes.

17. Contact Us

Contact Viewpoint in any of the following ways if you have any comments or questions about these Terms and Conditions.
Address: 1515 SE Water Avenue, Suite 300, Portland, Oregon 97214, USA

E-mail: legal@viewpoint.com

18. Entire Agreement

These Terms and Conditions constitute the entire agreement between individual Members and Viewpoint and govern your use of the Program. These Terms and Conditions supersede any prior agreements, communications, representations, or understandings between you (as an individual Member) and us, including any prior versions of these Terms and Conditions. Notwithstanding the foregoing, if your employer is a current Viewpoint customer and has executed an agreement with Viewpoint on an enterprise level, that agreement will take precedence over these Terms and Conditions, solely respect to that customer's use of Viewpoint products or services governed by that agreement.

19. General

19.1. Severability and Survival
If a court finds any provision of these Terms and Conditions unenforceable as written, then the court shall interpret, modify, or strike all or a portion of that provision so as to effect as much of the parties’ agreement and intent as is legally possible. Regardless of the enforceability of any particular provision, the other portions of these Terms and Conditions shall continue in full force and effect. Those provisions of these Terms and Conditions that by their nature are intended to survive termination of the Terms and Conditions shall so survive.

19.2. Assignment
You may not assign these Terms and Conditions or any right or license granted in these Terms and Conditions to another party.

Viewpoint may assign these Terms and Conditions without restriction.

19.3. Disputes
The table below explains which Viewpoint entity is the Viewpoint party to these Terms and Conditions, what law governs, and which courts will have exclusive jurisdiction over any disputes that arise from or relate to these Terms and Conditions, the Program, or the Materials, regardless of choice of law or conflicts rules:
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