Terms of Service
Effective January 4th, 2018
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISNIG FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 19 BELOW.
Vontech reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
The Services are intended solely for persons who are at least 13 years old. By using the Services you represent and warrant that you are at least 13 years old. If you are not 13 or older, you may not use the Services.
In compliance with the requirements of Children’s Online Privacy Protection Act (COPPA), we do not collect any information from any person under 13 years of age. If you are aged 13 years or younger, you may not use our Services or access or provide any user information. If you are 13 or older but under the age of 18, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is 13 or older but under the age of 18, you are fully responsible for his or her use of the Services.
In order to access certain features of our Services, you are required to sign up for an account, and select a password and user name (“User ID”). For example, if you have previously purchased any products from us, you may be able to access your account in order to see information regarding your purchase history. If you sign up for an account, you promise to provide us with accurate, complete, and updated registration information about yourself. You are obligated to use your own name.
If you would like us to terminate your account, please contact us at firstname.lastname@example.org. Upon receipt of your request, and except as set forth below, we will remove your account and your associated information from the Services within a reasonable time period. Please note that any information you have submitted to publicly accessible areas of the Services (such as a blog or message board) may not be removable. If we intend to remove your account, we will try to provide advance notice to you prior to our removal of your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Vontech.
Furthermore, you may not transfer your account to anyone else without our prior written permission.
Vontech hereby grants you permission to use the Services provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to, and that you understand the following restrictions and obligations:
With respect to all users, you may not transfer your access to others, or allow others to access the Services through your own access. If you wish to create an organizational or business account, please contact Vontech at email@example.com
You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.
You may not interfere with or damage the Services including, without limitation, through the use of viruses, bots, harmful code, denial-of-Services attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology.
Except as authorized through the Services, you may not copy, rip, or capture any content encountered on the Services. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else (including Vontech).
If you download software through the Services (“Downloaded Software”), you acknowledge that your access to and use of the Downloaded Software is governed by a separate agreement that will provided with the Downloaded Software (the “End User License Agreement”). To the extent there is a conflict between these Terms and the End User License Agreement, the terms of the End User License Agreement shall control with respect to your use of the Downloaded Software.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.
Further, you acknowledge that the Services, including all associated intellectual property rights, are the exclusive property of Vontech and its licensors.
Conditioned upon your compliance with these Terms, Vontech grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Content to which you are permitted access. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Vontech or its licensors, except for the licenses and rights expressly granted in these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that Vontech has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.
Vontech may immediately and without notice terminate these Terms and disable your access to the Services if Vontech determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third-party rights; or (c) such action is needed to protect the safety or property of other users, Vontech, or third parties.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Third Party Content
By using Vontech’s Services, Vontech may provide you with access to third party websites, information, and Services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that Vontech does control such third-party websites and Services, and cannot be held responsible for their content, operation, or use. Vontech does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or Services provided by such third-party websites and Services. Vontech disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and Services, and you hereby irrevocably waive any claim against Vontech with respect to the content or operation of any such third-party websites and Services.
Disclaimer of Warranties; Disputes with Third Parties
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," AND VONTECH, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. VONTECH, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
If there is a dispute between users of our Services, or between users and any third party, you agree that Vontech is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Vontech, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL VONTECH (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO VONTECH IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Vontech (a) via email (in each case to the address that you provide) or (b) by posting to the website or other Vontech Service.
The failure of Vontech to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without Vontech’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Vontech may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Middlesex County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Middlesex County, Massachusetts. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND VONTECH ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
These Terms constitute the entire agreement between you and Vontech regarding your use of Vontech’s Services, and supersede all prior written or oral agreements. Additional terms may apply to certain products or Services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
If you have any questions about Vontech’s Services, please do not hesitate to contact us at firstname.lastname@example.org