Terms of Use and Privacy Policy
Welcome to the Vertex Professional Group, Inc. Website. Vertex Professional Group, Inc. (”we” or “us” ) maintains this website (the “Site”)as a service to our customers.
1. Acceptance of Agreement. By accessing or using the Site, you are bound by the terms and conditions outlined in this Terms of Use Agreement (”Agreement” ), our privacy policy (the “Policy” ) and all applicable laws and regulations. This Agreement and the Policy, as the same may be amended from time-to-time, constitutes the entire and only agreement between us and you, with respect to the Site. We may amend the Agreement and Policy at any time by posting the Amended Agreement and Policy on the Site without specific notice to you. Any changes will go into effect when posted on the Site. The amended Agreement and Policy will apply to all current and past users of the Site .
2. Content. The text, data, content, organization, images, photographs, graphics, design, software (including the underlying source and object codes), digital conversion and any other materials included in or related to the Site (inclusively “Content” ) are our property and are protected under applicable copyrights, trademarks and other proprietary and intellectual property rights. The collection, arrangement and assembly of all Content on the Site is copyrighted as a “collective work” under the United States Copyright Laws of which we are the owner. We may in our discretion edit, delete or modify any Content.
3. Limited Right to Use. Pursuant to the terms of this Agreement, you are hereby granted a limited, nonexclusive license to use the Content to gather information regarding our services and/or to purchase our products and/or services. The Content may not be reproduced, distributed, assigned, sublicensed, sold, used in the preparation of derivative works or used for any purpose other than as specifically authorized by us. The Content may not be modified and any copyright, trademark or other proprietary notices may not be removed. The license granted under this section does not extend to any content owned by third parties and our licensors. Any use of the Site or Content not described herein is strictly prohibited.
4. Trademark Ownership. We own all trademarks, service marks and logos that are used and displayed on the Site other than trademarks specifically claims by third parties (the ? Trademarks? ) Nothing on the Site grants any license or right to use any Trademark.
5. Opinions Expressed in Photographs. The opinions expressed in the photographs on the Site do not necessarily reflect the opinions of Vertex Professional Group, Inc.
6. Third-Party Services. The Site provides links to third-party merchant websites (”Merchants”). You understand that we do not operate or control Merchants in any way. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our Site.
7. Disclaimer. THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE USE OR OPERATION OF THE SITE OR THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE CONTENT OR PRODUCTS AVAILABLE THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, RELATED TO THE SITE, ITS USE OR OPERATION AND ANY INFORMATION ON THE SITE. The Site, and the Content may contain bugs, errors, problems or other limitations. We and our affiliates are not liable for any damages, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the bargain between us and you. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation or guarantee not expressly stated in this Agreement.
11. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties” ) harmless from any liability, loss, claim and expense, including attorney’s fees, related to your violation of this Agreement, the Policy or your use of the Site.
12. Termination. We reserve the right, to immediately and without notice suspend or terminate your registration or ability to access the Site or any other service provided to you by us.
13. Information and Press Releases. We disclaim any duty or obligation to update information about us or any press releases on the Site. You shall not rely upon information about other companies contained on the Site provided or endorsed by us.
15. Statute of Limitations/Limitation of Actions. Any cause of action by you relating to the Site or products must be instituted within one year after the cause of action arose or be waived and barred. All actions are subject to the limitations set forth in this Agreement.
16. Waiver. Our failure to enforce any provision of this Agreement is not a waiver of such provision nor of the right to enforce such provision.
17. Miscellaneous. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. If any part of this Agreement is held invalid or unenforceable, that portion shall be consistently construed with applicable law and the remaining portions shall remain in full force and effect.
PRIVACY POLICY
1. Collecting Information About You. In general, you can visit many areas of the Site without revealing any personal information. We may track the internet domain address from which people visit us and analyze this data for trends and statistics, but individual users will remain anonymous unless you voluntarily tell us who you are. Our order forms require you to give us contact information and demographic information. This is information that personally identifies you or allows us to contact you. This information will include information such as your name, shipping/billing address, telephone number, e-mail address, business information and other similar information. If you choose not to provide the information we request, you may be unable to receive products or services.
2. Using Information About You. We use the personal information you provide to us for internal purposes, such as making the Site easier to use by not making you enter your personal information more than once, delivering products or services, creating and publishing Content most relevant to you, analyzing trends and statistics, informing you of our new products, services, and offers. We may establish a business relationship with other persons or entities who we deem trustworthy and whose privacy policies are consistent with ours. In such cases, we may share information, that will enable such persons or entities to contact you regarding products and services that may be of interest to you. We may also disclose information when we, in good faith, believe that the law requires it or as further protection of our legal rights.
3. Cookies. To ensure we are publishing Content that you need and want, we collect Site-visitation statistics using “Cookies.” A Cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. As you access our Site, the Cookies gather information regarding your browsing activities. We use Cookies to remind us of who you are, tailor our products and services to suit your personal interest, estimate our audience size, process your order and/or analyze your visiting patterns. We do not use the technology to capture your individual e-mail address or any other personal information about you. The information assists us in designing and arranging our web pages in the most user-friendly manner and in continually improving our Site to better meet your needs. You can set your browser to notify you when you are sent a Cookie, giving you the chance to decide whether to accept it. If you choose not to have your browser accept cookies from our Site, you will be able to view the text on the screens; however, you will not experience a personalized visit, nor will you be able to subscribe to the service offerings on the Site.
4. Security. Our Site has security measures in place in order to protect the information under our control. Our security software is up to industry standards. No data transmission over the internet can be guaranteed to be 100% secure. While we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site and you do so at your own risk. You should keep your password in a safe place and not divulge it to anyone. Also, remember to sign off of your account and close your browser window when you have finished your visit.
5. Editing, Updating, Correcting and Deleting Information About You. If you prefer not to receive information from us or from any of our affiliates, please let us know by contacting us via e-mail. Include your e-mail address, full name and specifically what information you do not wish to receive. If you would like to update or correct your e-mail address, street address or other personal information, please contact us the same way. Remember, if you delete certain information you may be unable to continue to purchase products or services or access other portions of our Site without entering additional information.
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Last Updated: 1/25/2009
