2. Limited License
3. Limitations on Use
5. Comments and Ideas
We welcome your comments and ideas, including ideas for new products, improvements to our existing products, and improvements to the Website and its contents. We carefully review and consider your comments and ideas, but are unable to implement all of them. In order for us to freely respond to your comments and ideas and to implement our own ideas (which may be similar or identical to yours), all comments and ideas submitted to us will become our property. By submitting comments or ideas to us, you waive all rights you may have in them. Your comments and ideas will not be treated as confidential.
6. Required Technology
Your access and use of the Website may require certain equipment, connectivity services and other technology (e.g., computers or other similar devices, internet connectivity, reading programs, etc.). It is your responsibility to obtain and maintain all of this required technology at your own expense. Although we generally try to make the Website compatible with available technology, we do not imply or guarantee in any way that the Website will be compatible or otherwise accessible using any specific model, brand, or type of technology.
7. Errors, Updates, and Changes to Website
8. User Account
If you create an account with us to access either the Website or content, or both, or for any other reason, you are responsible for maintaining the confidentiality of any and all information necessary to obtain access thereto, including without limitation, your account number or user identification and your password and restricting access to your computer. Access to your account is restricted to a single individual only, unless specifically designated otherwise on the registration page. By accepting and using the password, you are certifying that you agree to accept and abide by the terms and conditions herein. You agree that you are responsible for all activities that occur under your account and you agree to defend, indemnify, and hold harmless Veros, our affiliates, licensors and suppliers against all claims, demands, actions, expenses, losses, damages and costs (including but not limited to reasonable attorney fees and legal costs) arising from or incurred as a result of: (a) Your activities in connection with the Website and/or content; (b) Any violation of these Terms and Use by you; (c) Any improper or unauthorized use of the content by you; or (d) Any allegation that anything you transmit through or in connection with the Website infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third-party.
9. Website Registration
Certain sections of the Website may require you to create and register a user account (your “Account”) that you may use to receive information from us and/or participate in certain features and functionality of the Website. If registration is requested, you agree to provide us with accurate and complete registration information. It is your responsibility to inform us of any changes to that information and we may rely on the information you provide, including any user identifications or passwords you create, to identify you and your activity and track your usage of the Website to help us improve the products and services we provide. You further agree to allow us to periodically send promotional emails to you about the Website, our products and services and the product and services of our affiliated companies and business partners. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email or email us at firstname.lastname@example.org. We also provide detailed unsubscribe information in the bottom of each email. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. We do not permit anyone other than you to use the sections requiring registration by using your name or password or access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify us immediately by emailing email@example.com. We are not and shall not be responsible for any loss or damage resulting from your failure to protect your user name and passwords. If we have reason to believe your registration information is not true, accurate, complete or current, we reserve the right to terminate your registration and refuse any and all future use of the Website or the contents.
10. Linking to the Website
11. Links to Third-Party Websites
The Website may contain links to websites of third-parties such as governmental agencies, individuals, and companies, as well as to other Websites owned and/or operated by us. These website links are provided for convenience only. By placing a link to a website, we are not endorsing, sponsoring, or recommending such sites or the materials disseminated by or services provided by them. We have no control over the content of third-party websites and make no representation or warranty regarding the third-party website content or accuracy of information. Any concerns regarding third-party services or resources should be directed to the provider of the outside service or resource. We shall not be responsible for and assume no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations, or any other form of content contained in any third-party content appearing on the Website. Your use of content linked from the Website is at your own risk.
13. Interactive Sections of Website
Certain sections of the Website may allow you to post user-supplied information or content. We do not control the communications or information provided by users of these features. All contents furnished by you or other users of the Website are the sole responsibility of the person furnishing the information. You understand we are not obligated to monitor any interactive sections of the Website where users may post messages or supply information. However, we reserve the right to modify, edit or remove any postings or other information, in whole or in part, at any time for any reason. We further reserve the right to disclose any posting or other information provided by users if we, in our sole discretion, believe such disclosure is reasonably necessary to comply with any law, regulation, or court order or if the disclosure is necessary to protect the rights, property, or safety of Veros, its employees, its users, or the public. We assume no responsibility for the accuracy, completeness, applicability, analysis, or timeliness of the information or for any loss or damage that may occur as a result of relying on information on the Website. Further, you agree that you will not receive any royalty or any other payment or attribution or acknowledgement and that neither we, our affiliates, licensors, or suppliers shall owe you any other obligation.
14. Independent Contractor
15. No Solicitation
You shall not distribute on or through the Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without our express written permission. In no event may any person or entity solicit anyone with data retrieved from the Website.
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. We shall not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors. We are not providing an endorsement of any advertiser’s website.
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” and “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEBSITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEBSITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR THE CONTENT.
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE CONTENT, THE INTERACTIVE AREAS OF THE WEBSITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, OUR SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTHS PRECEDING THE LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
20. Third-Party Rights
The provisions of paragraphs 17 (Disclaimer), 18 (Limitation of Liability), and 19 (Indemnification) are for the benefit of Veros and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
21. Remedies for Breach
22. Unlawful Activities
23. Remedies for Violation
24. Governing Law
25. Forum Selection and Consent to Jurisdiction
26. Cost of Suit
27. Waiver of Jury Trial
28. Agreement Jointly Prepared
29. Not Legal Advice
The Content on the Website is published with the understanding that the Website and authors of the content are not engaged in rendering legal, accounting, or any other professional service by providing this material. Specifically, this information does not constitute legal advice and no attorney-client relationship is formed. The content is presented without any representation as to the accuracy, completeness, adequacy, or currency of the content, which is not warranted or guaranteed whatsoever. Particular state laws, regulations, and special contractual provisions can greatly impact rights, responsibilities, and legal obligations. Therefore, only a competent attorney or other applicable professional looking at all the pertinent facts and circumstances of a particular situation can provide definitive guidance. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Your use of the Website and/or content is at your own risk.
31. Conformity to Statute and Severability
32. Entire Agreement
33. No Waiver
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by our authorized representative. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
34. Contact and Inquiries