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 Web Site Terms, Conditions, Notices and Disclaimers

Web Site Terms, Conditions, Notices and Disclaimers

THE TERMS, CONDITIONS, NOTICES AND DISCLAIMERS SET FORTH HEREIN (THE "TERMS" or "Terms") GOVERN YOUR USE OF THIS WEB SITE AND ANY OF THE PRODUCTS OR SERVICES AVAILABLE ON THE SITE (COLLECTIVELY KNOWN AS THE "SITE" or "Site"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, IMMEDIATELY EXIT THE SITE AND DO NOT ACCESS OR USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW, INCLUDING ANY MODIFICATIONS THAT WE MAY MAKE FROM TIME TO TIME. WE MAY MODIFY THESE TERMS AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS HEREIN.

In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of these Terms shall control and prevail.

Copyright Designation

Copyright 2013, Vantive Enterprises LLC, All Rights Reserved.

Site Content

All content published on the Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, Flash animation and video, may be protected by copyrights or trademarks of the registered owners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Site in whole or in part. If you would like to request permission to use any of the content on the Site, please request permission in advance via email to info[at]VantiveEnterprises.com.

Via the Site's forums, blog and other mediums you have the opportunity to forward content to the Site. You are solely responsible for all content and materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available to the Site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on the Site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge.

We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Third-Party Sites

Vantive Enterprises publishes content on third party websites and directly owns no websites. Certain business partner and affiliate websites, including websites referred to as Vantive Enterprise brands, are third party websites and owned entirely by parties other than Vantive Enterprises LLC. This Site contains links to other Internet sites which are owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. Our inclusion of other web sites of any third-party content or a link to a third-party site is not an endorsement of that content or other web site.

Acceptable Use

If this Site requests registration information from you, you agree to provide us with true, accurate, current, and complete information. Use of the Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site. If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us immediately at info[at]VantiveEnterprises.com so that we can assist and investigate your claim.

Indemnification

You hereby agree to indemnify, defend and hold SITE and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "SITE Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any SITE Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

  • Your use of the Site;
  • Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  • The content, the quality, or the performance of content that you submit to the Site;
  • Your connection to the Site;
  • Your violation of these Terms; or
  • Your violation of the rights of any other person or entity.

SITE reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. 

DISCLAIMERS; These are important so please read this carefully.

This SITE disclaims any responsibility for the deletion, the failure to store, the failure to deliver, or the untimely delivery of any information or material. SITE disclaims any responsibility for any harm resulting from downloading, accessing or using any information or material on the Internet using search results from the Site.

SITE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER SITE NOR ITS PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration

SITE may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Palm Beach, State of Florida, United States of America (USA) and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or SITE may seek any interim or preliminary relief from a court of competent jurisdiction in Palm Beach County, Florida, necessary to protect the rights or the property of you or SITE (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Miscellaneous

SITE may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through email.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and SITE and govern your use of the Site, superceding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of Florida, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in the County of Palm Beach, Florida if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

Section titles in this SITE are for convenience only and have no legal or contractual effect.

 

 

 

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