YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
The Site provides information regarding our products and services, as well as an online portal to purchase our products, services and materials, and related purposes.
You agree to notify the Company immediately of any unauthorized use of your account, user name, or password. The Company shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than the Company (each a “Third-Party Site”). The Company may work with a number of partners and affiliates whose sites are linked with the Site. The Company shall not be responsible for and does not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third Party Site, any Website accessed from a Third-Party Site, or any changes or updates to such sites. The Company makes no guarantees about the content or quality of the products or services provided by such sites. The Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that the Company shall not be responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5.1 Rights and Responsibilities of the Company. The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, disable, and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company Copyright Agent with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Company’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached By email: [email protected]
The Company is not the publisher or author of the User Content. It is a passive service for storage and dissemination of the ideas and opinions that Site members may choose to post and distribute as User Content. The Company does not screen works before they are posted, and no prior approval is required for posting. The Company disclaims all copyright and ownership in such works and all responsibility for them. Although we cannot make an absolute guarantee of system security, the Company takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us at [email protected] for help.
The Company reserves the right to refuse service to anyone and to cancel user access at any time.
5.2 Rights and Responsibilities of Site Users or Other Posters of User Content. You are legally and ethically responsible for any “User Content,” including without limitation, writings, files, pictures, or any other work, that you post or transmit using any service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. If you choose to User Content, you must grant, and do hereby actually grant by submitting such User Content, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to the Company to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, any and all User Content, without any further consent, notice and/or compensation to the User or to any third parties. By submitting User Content to the Company, you represent and warrant that such User Content is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform the Company in the event that any such User Content has changed since you submitted such User Content and, if appropriate, you agree to make such modifications. In posting a work as User Content, you authorize other members who have access to the Site to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to the Company to copy your works as part of the normal backup process.
5.3. Your Rights and Responsibilities as a Site User and Reader of User Content. You are not required to provide your real name when signing up as a user of the Site permits anonymous or pseudonymous accounts. If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, Company staff will not take a role in mediating conflicts between you and other users. The Company does not take responsibility for your behavior or that of other users. Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).
6. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS, OR FORMS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.
IN NO EVENT SHALL THE COMPANY OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF THE COMPANY TO YOU IS $100 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
8. Unsolicited Submissions. Except as may be required in connection with your use of Site Services, the Company does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information, or material submitted to the Company through or in association with this Site shall be considered non-confidential. By providing such submissions to the Company you hereby grant the Company a license to use, reprint, distribute, modify, and create derivative works which will be owned by the Company. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality, and content.
9. Compliance with Intellectual Property Laws. When accessing the Site or using the Site’s or the Company’s Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Site user account. If you believe that any content on the Site is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at [email protected], as described above in Section 5.1.
11. Compliance with Export Restrictions. You may not access, download, use, or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
12. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
14. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 20[__] [NAME] ALL RIGHTS RESERVED.
15. Trademarks. “Value Scout,” and all images and text, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of the Company. Any other trademarks, product names and company names, or logos cited herein are the property of their respective owners.