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TERMS AND CONDITIONS
Governing the Use of the VMARK Associates, Inc.
Website
Introduction
Welcome to the VMARK Associates website
("website"). VMARK Associates, Inc. ("VMARK
Associates") created and maintains this website to provide information
to and communicate better with potential clients and others who may be
interested in learning more about VMARK Associates and the services it
offers. You may use this website, provided you comply with these terms and
conditions.
In addition to these
terms and conditions you should also read and be aware of the provisions of
our Privacy Policy, which discloses VMARK
Associates’ practices regarding the collection and use of your personal
information, and other policies that govern other parts or our website.
Your Acceptance of These Terms and Conditions
Please take a few minutes to carefully review these
terms and conditions. By accessing and using this website you agree to
follow and be bound by these terms and conditions. If you do not agree to
follow and be bound by these terms and conditions, you may not access, use
or download materials from this website.
These Terms and Conditions May Change
VMARK Associates reserves the right to update or
modify these terms and conditions at any time without prior notice. Your
use of this website following any such change constitutes your agreement to
follow and be bound by the terms and conditions as changed. For this
reason, we encourage you to review these terms and conditions every time
you use this website.
These terms and
conditions were last revised on October 30, 2004.
Copyright Notice and Limited License
Everything you see and hear on this website (the
"Content"), including, for example, all of the text, directories,
photographs, illustrations, graphics, audio clips, video clips, and
audio-video clips, is copyrighted under United States law and applicable
international copyright laws and treaty provisions. The copyrights in the
Content are owned by VMARK Associates or by one of its affiliates, or by
third parties who have licensed their materials to VMARK Associates. The
entire Content of this website is copyrighted as a collective work under United States
law and applicable international copyright laws and treaties. VMARK
Associates owns the copyright in the selection, coordination, arrangement
and enhancement of the Content. You may download, store, print, and copy
selected portions of the Content of this website, provided you:
1. Only use the Content you download for your personal,
noncommercial use or to further your business dealings with VMARK
Associates
2. Do not publish or
post any part of the Content on any other Internet site without obtaining
the prior written consent of VMARK Associates
3. Do not publish or
broadcast any part of the Content in or on any other media without
obtaining the prior written consent of VMARK Associates
4. Do not modify or
alter the Content in any way or delete or modify any copyright or trademark
notices or notices of confidentiality
No right, title or interest in the downloaded Content is
transferred to you when you download Content from this website. VMARK
Associates reserves all intellectual property rights in any Content you
download from this website. Except as expressly stated above, you may not
copy, download, print, publish, display, perform, distribute, transmit, transfer,
translate, modify, add to, update, compile, abridge or in any other way
transform or adapt all or any part of the Content without first obtaining
written permission from VMARK Associates.
If you think that any of the Content on this website
infringes a copyright, trademark, patent or other right of another party,
please email VMARK Associates’ designated agent at ssandler@vmark.net
Trademark
Notice
All of the trademarks, service marks and logos displayed on this website
(the "Trademark(s)") are registered and unregistered trademarks
of VMARK Associates, one of its affiliates, or third parties who have
licensed their Trademarks to VMARK Associates or one of its affiliates.
Except as expressly stated in these terms and conditions, you may not
reproduce, display or otherwise use any Trademark without first obtaining
VMARK Associates' written permission.
Unsolicited
Ideas
VMARK Associates welcomes your comments and feedback regarding this
website. All information and materials, including comments, ideas,
questions, designs, and the like, submitted to VMARK Associates through
this website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For
this reason, we ask that you not send us any information or materials that
you do not wish to assign to us, including any confidential information or
any original creative materials such as product ideas, computer code, or
original artwork. By submitting information or materials to VMARK
Associates through this website, you assign to VMARK Associates, free of
charge, all worldwide rights, title and interest in all copyrights and
other intellectual property rights in the information or materials you
submit. VMARK Associates will be entitled to use any information or
materials you submit through this website for any purpose whatsoever
subject to our Privacy Policy, without restriction and without compensating
you in any way.
Website
Privacy Policy
Click here, to view the VMARK Associates
Website Privacy Policy pertaining to the use of personal data collected
through this website, which is incorporated by reference as part of these
Terms and Conditions.
Links
to Other Websites
This site may contain hyperlinks to websites that are not operated by VMARK
Associates. These hyperlinks are provided for your reference and
convenience only, and do not imply any endorsement of the material or
services provided on these third-party websites or any association with
their operators. VMARK Associates does not review or control these websites
and is not responsible for their content. VMARK Associates expressly
disclaims any responsibility for the content of any third party websites
linked to our website or the products or services of such third party.
These third-party websites (and the websites to which they link) may
contain information that is inaccurate, incomplete, or outdated. VMARK
Associates does not make any representations regarding the content or
accuracy of materials on such non-VMARK Associates websites or the products
or services of any third party operating such websites. You access and use
these websites (and the websites to which they link) solely at your own
risk.
Not
a Substitute for Medical Advice
The information provided on this website is not intended nor recommended as
a substitute for professional medical advice. Always seek the advice of
your physician or other qualified health provider regarding any medical
condition or treatment. Nothing contained on this website is intended to be
for medical diagnosis or treatment.
DISCLAIMER
OF WARRANTIES
THIS WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE
PURSUANT TO APPLICABLE LAW, VMARK ASSOCIATES AND ITS AFFILIATES DISCLAIM
ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING,
VMARK ASSOCIATES DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE
UNINTERRUPTED OR ERROR FREE. VMARK ASSOCIATES DOES NOT REPRESENT OR WARRANT
THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST
CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEBSITE OR THE
MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
VMARK ASSOCIATES IS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE
FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS
PROGRAMS. INFORMATION PUBLISHED ON THIS WEBSITE MAY BE INCOMPLETE OR
OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. VMARK
ASSOCIATES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE,
VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE
RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY
INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS
CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT
APPLY TO YOU. VMARK ASSOCIATES MAKES NO CLAIMS THAT THE MATERIALS ARE
APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO
THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES.
IF YOU ACCESS THE WEBSITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT
YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR
JURISDICTION.
LIMITATION
OF LIABILITY
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES,
SHALL VMARK ASSOCIATES, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR
INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF
OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION
PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER
DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY
OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR
PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS
AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF VMARK ASSOCIATES OR ITS
AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF
VMARK ASSOCIATES AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR
LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE
HUNDRED ($100.00) DOLLARS.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VMARK ASSOCIATES, ITS
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS,
ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND
ACCOUNTING FEES, RESULTING FROM YOUR USE OF THE MATERIALS (INCLUDING
SOFTWARE) OR YOUR BREACH OF THE TERMS OF THIS AGREEMENT. VMARK ASSOCIATES
SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING
OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN
DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.
Termination
If we offer member only access to one or more sections of this website, you
agree that we may terminate or suspend your use of the website without
prior notice and acknowledge and agree that we may immediately deactivate
or delete your account and all related information and files in your
account and/or bar any further access to such files or the website. You
also agree that we will not be liable to you or any third party for any
termination of your access to the website.
Governing
Law and Jurisdiction
This website is controlled and operated by VMARK Associates from its
offices within the Commonwealth of
Massachusetts in the United States.
Any claim relating to these Terms and Conditions and/or the use of this
website shall be governed by the laws of the Commonwealth of Massachusetts.
By using this website, you consent to personal jurisdiction in the federal
and state courts of Massachusetts
for any action arising out of or relating to this website, these Terms and
Conditions or your use of this website. The federal and state courts of Massachusetts shall
have exclusive jurisdiction over all such actions.
Severability
and No Waiver
If any provision of these Terms and Conditions is held invalid or
unenforceable by any court of competent jurisdiction, the other provisions
of these Terms and Conditions shall remain in full force and effect. Any
provision of these Terms and Conditions held invalid or unenforceable only
in part or degree will remain in full force and effect to the extent not
held invalid or unenforceable. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other
term.
Entire
Agreement
This Agreement and the Privacy Policy constitute the entire agreement
between you and VMARK Associates with respect to your access to and/or use
of this website and the Content and shall not be modified except by VMARK
Associates as provided herein or through a written document signed by both
parties. VMARK Associates may assign its rights and duties under this
Agreement and the Privacy Policy to any party at any time without notice to
or approval by you.
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