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VERSITECH WEB SITE TERMS AND CONDITIONS
• GENERAL
Use
of the WWW.VERSITECHLLC.NET website (the "Site") is governed by the
following Terms and Conditions and a Privacy Policy, both of which
Users must read before using the Site. All pages within this
Site are owned and operated by VersiTech, LLC (the "Company"). A
"User" is defined as any person who accesses the Site. By using
the Site, you agree to be bound by these Terms and Conditions, which
may be wholly or partially changed, modified, added to or reduced at
any time by the Company in its sole discretion. YOU AGREE TO
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. Users should visit the Site periodically to determine the
applicable Terms and Conditions.
• USER CONDUCT AND USE OF THE SITE
•
User agrees to use the Site for lawful purposes only. User shall
comply with all federal, state, and local laws applicable to the use of
this Site and shall not post or transmit any material that violates or
infringes in any way upon the rights of others (including, without
limitation, any copyright, trademark or other intellectual property
rights); is unlawful, threatening, abusive, defamatory, libelous,
invasive of privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable; encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any
law; or contains advertising or any solicitation.
•
The Company is not in any way associated with or responsible for
content posted or transmitted by Users. The Company, to the
extent it is capable, will monitor content posted on or transmitted to
the Site, and reserves the right to remove anything that is, in its
sole discretion, unacceptable, and to disclose data to law enforcement
agencies or authorities who may investigate reports of misuse or abuse
of this Site. All Users access and participate in the Site at
their own risk. If a User finds abusive or offensive content on
the site, User may contact the Company via registered mail, with
sufficient information identifying the abusive or offensive material,
so that the Company may determine, in its sole discretion, whether or
not to delete the material. This process may take up to 30 days.
The Company reserves the right, in its sole discretion, to
correct any errors or omissions in any portion of the Site.
• User agrees to indemnify, release and hold harmless the Company from all liability related to User's use of the Site.
User
agrees not to transmit or otherwise make available on the Site any
material protected by copyright, trademark or other proprietary right
without the express permission of the owner of such rights. The
burden of determining that the material is not protected by such rights
is on the User. User shall be solely liable for and shall
indemnify and hold the Company harmless for any damages resulting from
any infringement of copyrights, trademarks, proprietary rights, or any
other harm resulting from the User's submissions to the Site. By
submitting material to any area of the Site, the User represents and
warrants that the owner has expressly granted the Company the
royalty-free, perpetual, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate, and distribute
such material (in whole or in part) worldwide and/or to incorporate it
in works of any form, medium or technology now known or hereafter
developed for the full term of any copyright or other rights that may
exist in such material.
• LINKING
The
Site contains links and pointers to other related World Wide Web
internet sites and resources. Links to and from the Site to
other sites maintained by third parties, do not constitute an
endorsement by the Company of any third party resources or their
contents.
• COPYRIGHT AND COPYRIGHT AGENT
All
content available at this site, such as text, graphics, logos, icons,
images, audio clips, video clips, and/or other content, is the property
of the Company or used by the Company with the permission of the owner
of such content and is protected by U.S. and international copyright
law. The compilation (meaning selection, composition, and
arrangement) of all of the content on the Site is the exclusive
property of the Company and protected by U.S. and international
copyright law. The Company reserves the right to remove any
content, from any source, at any time, for any reason (including, but
not limited to, claims or allegations made by third parties relating to
such content).
The
Company respects the intellectual property of others and asks that
Users do the same. If a User or any other party feels that its
work has been copied in a way that constitutes copyright infringement,
that person should provide the Company's designated Copyright Agent
with the following information:
•
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
•
Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site;
•
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material;
•
Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted;
•
A statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law;
•
A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
The Company's designated Copyright Agent may be reached as follows:
Copyright Agent
300 East Main Street
Fort Wayne, IN 46802
• TRADEMARKS
VersiTech
and the VersiTech logo are service marks of the Company. The
Company's trademarks may not be used in connection with any product or
service that is not the Company's, in any manner that is likely to
cause confusion among consumers, or in any manner that dilutes,
disparages, or devalues the Company or the Company's mark.
• DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
• Use of Site services or access to any portion of the Site is done at the sole risk of User.
•
The Company will not be held liable for the receipt of any unwanted
email or the content of any email resulting from or associated with the
Company. At no time will the Company be held responsible for any
inability to prevent emails from being sent to any party. If a
User provides his or her email address to the Company, this will
constitute permission for the Company to send emails regarding the
Company or its sponsors, unless and until the User opts to unsubscribe
from such email communications.
•
THE SITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE
COMPANY DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE,
THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
INFORMATION IS FREE OF ROGUE PROGRAMMING. IN NO EVENT WILL THE
COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PORTION OF THE
SITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT, ALL CONTENT OF
THE COMPANY OR ANY ERRORS, INACCURACIES, OMISSIONS OR LACK OF
AUTHENTICITY IN ANY SUCH CONTENT.
•
The above disclaimer of liability includes, without limitation, any
damages or injury caused by any unavailability of service, error,
deletion, theft, alteration, or destruction of data, computer virus,
tortious behavior, negligence, or any other cause of action or
inaction. User assumes the entire cost of all damage,
servicing, repair, or correction resulting from the use of the Site in
any manner, including but not limited to the offensive or illegal
conduct of other Users or third parties.
• MISCELLANEOUS
• GOVERNING LAW
Any
disputes arising out of or related to the use of the Site or these
Terms and Conditions will be governed by the law of the State of
Indiana, regardless of conflict of law provisions. Sole
and exclusive jurisdiction and venue over any dispute arising out of or
relating to these Terms and Conditions shall be the appropriate federal
or state court in Allen County, Indiana.
• SEVERABILITY
The
invalidity or unenforceability of any provision of these Terms and
Conditions will not affect the other provisions hereof, and these Terms
and Conditions will be construed and remain in full force and effect in
all respects with such invalid or unenforceable provisions limited or
excluded to the minimum extent required under applicable law.
• ENTIRE AGREEMENT
These Terms and Conditions represent the entire agreement between the Company and Users with respect to use of the Site.
• LIMITATION ON CAUSES OF ACTION
Any
cause of action Users may have with respect to use of the Site must be
commenced within one (1) year after the claim or cause of action
arises.
• CONTACT/ADDRESS FOR LEGAL NOTICE
Except
for Copyright notices, referred to in section 4 of these Terms and
Conditions, all questions, comments and legal notices should be
submitted to:
Copyright Agent
300 East Main Street
Fort Wayne, IN 46802
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