TERMS OF USE
Welcome to Virtuosant.com (the “Site”). Virtuosant Technology, Inc. (“we”, “our” or “us”) offers you a wide range of content and information about its products and services via this Site. Your use of the Site is governed by the terms and conditions below (the “Terms of Use”). Accessing, browsing or otherwise using the Site indicates your agreement to such Terms of Use, so please read the following carefully before proceeding.
General
We may change these Terms of Use from time to time. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the revised Terms of Use. In addition, we may, in our discretion, change, move or delete portions of, or add to, the Site from time to time.
Privacy
Please review our Privacy Policy to understand our practices with regard to our use of information you may supply to us. Our Privacy Policy is incorporated into these Terms and Conditions by this reference.
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also agree that we may send e-mail to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate.
Copyrights
All content included on this Site, including images, illustrations,
designs, icons, photographs, video clips, audio clips, logos, button icons,
software, written materials and other materials (collectively, the "Content")
is our property or the property of our content suppliers and is protected
by United States and international copyright laws. The compilation (meaning
the collection, arrangement and assembly) of all Content on this Site
is our exclusive property and is also protected by United States and international
copyright laws. All software used on this Site is our property or our
software suppliers and is protected by United States and international
copyright laws. You shall use the Content and software on this Site solely
for informational purposes. Any other use, including the reproduction,
modification, distribution, transmission, republication, display or performance,
of the Content or software on this Site is strictly prohibited. The Content
of our Site, and the Site as a whole, are intended solely for personal
use by the users of our Site. You may download or copy the Content and
other downloadable materials displayed on the Site for your personal use
only. No right, title or interest in any downloaded materials or software
is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in
any sale of, or exploit in any way, in whole or in part, any of the Content,
the Site, or any related software.
Trademarks
Virtuosant, Virtuosant Foundation Application Solution Technology, VFAST, Virtuosant Foundation Portal, Virtuosant Portal Solution Packs and certain other trademarks, tradenames and logos displayed on the Site are registered and/or common law trademarks of Virtuosant Technology, Inc. in the United States and other countries. Our trademarks may not be used in connection with any product or service unless we expressly consent to such use in writing. IBM and WebSphere are trademarks or registered trademarks of IBM Corporation or its affiliates. All other trademarks that appear on this Site are the property of their respective owners, who are not affiliated with, or sponsored by us or our affiliates.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, suggestions, ideas, and other
submissions disclosed, submitted or offered to us on or through this
Site or otherwise disclosed, submitted or offered in connection with
your use of this Site (collectively, "Comments") shall be and remain
our property. Such disclosure, submission or offer of any Comments shall
constitute your assignment to us of all worldwide right, title and interest
in and to all copyrights and other intellectual property rights in the
Comments. Accordingly, we will own exclusively all such right, title
and interest, to the extent permitted by law, shall not be limited in
any way in our use or implementation, commercial or otherwise, of any
Comments, and shall not owe you any compensation or other remuneration
for any such use or implementation.
Links to Other Web Sites and Services
This Site contains links to outside services and resources, the availability and content of which we do not control. We are not responsible for examining or evaluating, and we do not warrant the offering of, these services or resources or the content of any third party Web sites to which this Site is linked. We do not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third part provider of such service or resource.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY US ON AN "AS IS" BASIS. WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS
OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF
THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING
OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR
SITE, AND THAT WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL
SENT FROM US ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS
SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE
AND CONSEQUENTIAL DAMAGES. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Site is created and controlled by us in the State of Georgia, United States. As such, the laws of the State of Georgia will govern these Terms of Use, as well as all sales of products and other transactions effected through this Site and any disputes relating thereto, without giving effect to any conflicts of laws principles. We reserve the right to make changes to our Site and these Terms of Use at any time and for any reason. Any dispute arising under these Terms of Use shall be resolved exclusively by the state courts of the State of Georgia, Fulton County and/or the federal courts of the Northern District of Georgia.
Indemnification
You agree to defend, indemnify and hold Virtuosant Technology harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of the Site.
License and Site Access
Unless otherwise specified, this Site and the Content hereof are displayed solely for the purpose of promoting and selling our products and services available in the United States and select foreign markets. We grant you a limited license to access and make personal use of this Site pursuant to the Terms of Use stated herein. This license does not include any resale or commercial use of this Site or its Content; collection and use of any product or service listings, descriptions, or prices; derivative use of this Site or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us without our express written consent. You may not use any meta tags or any other hidden text utilizing our trademarks or tradenames without our express written consent. Any unauthorized use of this Site by you or your agents automatically terminates the permission or license granted hereunder without notice. Notwithstanding the foregoing, you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray us, or our product or services in a false, misleading, derogatory, or otherwise offensive manner and is not used in any way, or on another Web site, that violates applicable law. You may not use our logo or other proprietary graphic or trademark as part of the link without our express written permission.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under United States or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
We may assign you a customer extranet username and password to enable you to access and use certain portions of this Site and customer-specific project deliverables. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Use, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Termination
These Terms of Use are effective unless and until terminated by us. We may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in our sole discretion you fail to comply with any term or conditions contained herein. Upon any termination of these Terms of Use by us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under these Terms of Use or otherwise.
International Access
This Site may be accessed from countries other than the United States. This Site may contain products and services, or references to products and services, that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
If you have any questions regarding these Terms of Use for this Site, please contact us at contact@virtuosant.com.