1. THIS IS AN AGREEMENT BETWEEN YOU AND VANGUARD CONSULTING GROUP (THE COMPANY).
This is an agreement ("Agreement") between you and The Company (or, if applicable based on where you live, one of its affiliates) ("The Company"). This Agreement governs your use of any Web site or Web page operated by The Company. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
THE COMPANY OFFERS THE COMPANY WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE COMPANY WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW THE COMPANY MAY MODIFY THIS AGREEMENT
The Company reserves the right to change the terms, conditions, and notices under which it offers the Company Web Sites, including any charges associated with the use of the Company Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Company Web Site. Your continued use of the Company Web Sites after the effective date of such changes constitutes your acceptance of, and agreement to such changes.
3. ADDITIONAL TERMS
Any Company Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Company Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Company Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE COMPANY WEB SITES
The Company Web Sites are only for your personal use. You will not use the Company Web Sites for commercial purposes. You will not use the Company Web Sites in any way that is unlawful, or harms The Company, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "The Company Party" and collectively, the "The Company Parties") or any customer of a The Company Party, as determined in The Company's sole discretion. The Company may tell you about certain specific harmful uses in a code of conduct or other notices available through a Company Web Site, but has no obligation to do so. You may not use the Company Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Company Web Sites. Without limiting the generality of this section, you may not use the Company Web Sites in any manner that could damage, disable, overburden, or impair any Company Web Site (or the network(s) connected to any Company Web Site) or interfere with any other party's use and enjoyment of the Company Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the Company Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Company Web Sites in any way that violates the Company Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. The Company may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Company Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Company Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to The Company related to the Company Web Sites (a "Submission"), you grant The Company permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Company Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. The Company will not pay you for your Submission. The Company may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, The Company may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Company Parties or any customer of a The Company Party.
Your use of any software associated with the Company Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software.
8. INFORMATION AVAILABLE FROM THE COMPANY WEB SITES
The Company and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Company Web Sites, even if such information appears in any e-mail, pager, cell phone or other alerts available through the Company Web Sites. Nothing contained in the Company Web Sites is intended to constitute professional advice.
9. THE COMPANY MAKES NO WARRANTY
THE COMPANY PROVIDES THE COMPANY WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE COMPANY WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE COMPANY WEB SITES, EVEN IF SUCH THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE COMPANY WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY THE COMPANY PARTY WITH RESPECT TO THIS AGREEMENT OR THE COMPANY WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY WEB SITES.
11. CHANGES TO THE COMPANY WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE COMPANY MAY CHANGE THE COMPANY WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Company Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by The Company and persons other than The Company (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE COMPANY WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE COMPANY WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE COMPANY WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE COMPANY WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
The Company may terminate this Agreement, or terminate or suspend your access to the Company Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Company Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE COMPANY WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with The Company, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Arizona, without reference to conflict of laws principles. If this Agreement is with a The Company affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of in for such The Company affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Company Web Sites are directed. If this Agreement is with a The Company affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of in for such The Company affiliate in all disputes arising out of or relating to the use of the Company Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Company Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and The Company with respect to the Company Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Company with respect to the Company Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMPANY WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Company Web Sites are Copyright © 2006 The Company and/or its suppliers. The Company, The Company, The Company logo (World with Vanguard Consulting Group written through it), and/or other The Company products and services referenced herein may also be either trademarks or registered trademarks of The Company in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain Company Web Sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved.
17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
18. Any company or corporation and their respective logos, not expressly owned by The Company, are registered trademarks for those companies and their affiliates. The Company is not partnered or endorsed or supported or affiliated with any company displayed on the Company Internet website or any of The Company’s subordinate companies.
19. The Company makes no warranty either express or implied for any information or program you may see or download from our Internet website. You use this website and anything located or linked to or from this website at your own risk.
20. The Company reserves the right to refuse service to anyone based on information learned while doing a company background check or based on information learned while in the conduct of doing business that is detrimental to the best interest of The Company or it's employees or officers or subcontractors.
21. FOR INFORMATION REGARDING OUR PRIVACY STATEMENT CLICK HERE.