WEBSITE USER AGREEMENT
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEBSITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
This Internet Website User Agreement (the "Agreement") is between you (“You”), the visitor to this Internet Website www.vcpm.com (the "Website"), and VCPM, Inc., the owner and operator of this Website (the "Owner"). All references to "us", "this Website" or "this site" shall be construed to mean the Owner. If the user is not an individual, then "You" means Your company, its officers, members, agents, successors, and assigns. The Owner controls and owns all right, title, and interest in any text, graphics, images, audio, video, software, data compilations and any other form of information (the “Content”) capable of being stored in a computer that appears on or forms part of this Website. The Owner grants a non-exclusive, non-transferable, and revocable license to You and provides the services (the “Service”) available at this Website to You subject to the following terms and conditions of use:
1. You agree to read these terms and conditions of use carefully before using the Website. Use of the Website signifies Your unconditional agreement to the terms and conditions of this Agreement. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If You do not agree to these terms and conditions of use, do not access or otherwise use this Website. These terms and conditions are subject to revisions and amendment at any time and continued use of the Website shall be deemed acceptance of those revised or amended terms.
2. The Owner reserves the right, at its sole discretion, from time to time to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website. Continued use of the Website is acceptance of any modification.
3. The Website is protected by one or more copyrights pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You will abide by any and all copyright notices, trademark notices, ownership information or restrictions contained in any Content on the Website. If you download and make copies of the Content and other downloadable items displayed on this Website, You must maintain all copyright and other notices contained in such Content. Copying or storing of any Content on the Website for reproduction, redistribution, or publication to third parties for commercial purposes is expressly prohibited without prior written permission from the Owner. All rights to the Owner’s copyrighted materials not expressly granted herein are reserved by the Owner.
4. The Owner, at its sole discretion, may change, suspend, or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or Content. The Owner may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability.
5. You hereby agree to defend, indemnify and hold harmless the Owner, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney’s fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by You of this Agreement, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim.
6. The Website may contain hypertext links and pointers to the other World Wide Web Internet sites and resources operated and controlled by party’s other than the Owner. Links to and from the Website to such third-party sites do not imply or constitute an endorsement by the Owner of any third-party material or contents.
7. The Owner does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at Your sole risk.
8. The Owner reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Owner's sole discretion are objectionable or in violation of this Agreement.
9. Some comments and information on the Website may be based upon the Owner’s management’s current expectations, estimates and/or projections about the Owner’s markets and industries. These statements about the Owner are forward-looking statements which are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Therefore, actual outcomes and results may differ from what is expressed or forecasted.
10. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Website, You hereby grant to the Owner a perpetual, worldwide, irrevocable, unrestricted, non- exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise fully exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Owner for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
11. You acknowledge that Communications involving the Website are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Owner, no confidential, fiduciary, and contractually implied or other relationship is created between You and the Owner other than pursuant to this Agreement.
12. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law’s provisions. You hereby agree and consent that the sole and exclusive jurisdiction for any action or proceeding arising out of or relating to this agreement shall be an appropriate state or federal court located in the Commonwealth of Pennsylvania.
13. If You send any creative materials, suggestions, ideas, notes, drawings, concepts, or other information (the "Information") to the Owner in printed form, electronic means or otherwise, the Information shall be deemed to be the property of the Owner and shall not be subject to any obligations of confidence, non-disclosure or non-usage. The Owner is hereby entitled to unrestricted usage of the Information on a worldwide basis without compensation to the provider of the Information. Additionally, the Owner may gather, process, and use information and materials received from You or collected through Your use of the Website for any lawful reason or purpose.
14. This Agreement constitutes the entire agreement between the Owner and You with respect to Your use of and access to the Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Owner with respect to the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Agreement. Any cause of action You may have with respect to Your use of and access to the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give legal effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or the Website to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by the Owner. The failure of the Owner to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor bar the Owner’s right to enforce the provision.
Terms and Conditions of VCPM, Inc., 2021.
This applies to all services, projects and support provided by VCPM, Inc.
15. The Owner makes no warranty or representation that the Website will meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. The Owner makes no guarantee of any specific results from the use of our Services.
16. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17. No part of this Website is intended to constitute a contractual offer capable of acceptance.
18. While every effort is made to ensure that all graphical representations of products and / or descriptions of services available from the Owner correspond to the actual products and / or Services, the Owner is not responsible for any variations from these descriptions.
19. The Owner does not represent or warrant that such products and/or Services will be available. For this reason, please contact the Owner if You wish to enquire as to the availability of any products and/or Services. Any such enquiry does not give rise to any express or implied warranty that the products and/or services forming the subject matter of Your enquiry will be available at the time of Your inquiry.
20. The Service is provided “as is” and on an “as available” basis. The Owner gives no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law the Owner provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
21. The Owner accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, Owner’s equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions.
22. To the maximum extent permitted by law, the Owner accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its content at their own risk.