ACCEPTANCE OF TERMS
Verenia maintains this site ("Site") for information, commercial and communication purposes. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other propriety notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without Verenia’S written permission.
Verenia shall have the right at any time to change or modify the Terms of Service applicable to Your use of this Site, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to posting on this Site, or by electronic or conventional mail, or by any other means by which You obtain notice thereto. Any use of this Site by You after such notice shall be deemed to constitute acceptance by You of such changes, modifications, or deletions.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Verenia or its parents, affiliates, subsidiaries, third-party content providers, or licensors and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Verenia and protected by the United States and international copyright laws. All software used on this Site is the property of Verenia or its software suppliers and protected by United States and international copyright law.
Verenia, the design mark Verenia and other graphics, designs, logos, page headers, button icons, scripts, trade names, and service names are trademarks, registered trademarks or trade dress of Verenia, its parents, affiliates, sponsors, or subsidiaries in the United States and/or other countries. Verenia’ trademarks, service marks, trade names, service names, and trade dress may not be used in connection with any product or service that is not Verenia, its parents, subsidiaries, sponsors or affiliated companies, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Verenia, its parents, sponsors, affiliates, or subsidiaries. All other trademarks, service marks, trade names or service names not owned by Verenia, its parents, sponsors, affiliates or subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Verenia or its parents, sponsors, affiliates or subsidiaries.
Prices listed on this Site are subject to change without notice. Any rights not expressly granted herein are reserved to Verenia.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(A) YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER Verenia, ITS AFFILIATES, PARENTS, SPONSORS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE.
(B) YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET. Verenia PROVIDES THIS SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OR TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY, AND Verenia, ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR SPONSORS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(D) IN NO EVENT WILL Verenia, ITS AFFILIATES, SUBSIDIARIES, SPONSORS, PARENTS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Verenia SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
(E) Verenia MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEB SITE THAT YOU MAY ACCESS THROUGH THIS SITE OR WHICH MAY LINK TO THIS SITE. WHEN YOU ACCESS A NON-Verenia WEB SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM Verenia, AND THAT Verenia HAS NO CONTROL OVER THE CONTENT ON THAT WEB SITE. IN ADDITION, A LINK TO A Verenia WEB SITE DOES NOT MEAN THAT Verenia ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE OF SUCH WEB SITE. IN ADDITION, THE APPEARANCE OF CONTENT IN A PUBLIC FORUM DOES NOT MEAN THAT Verenia ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT OR THE USE OF SUCH IDEAS AS APPEAR IN THE FORUM. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIAL FOUND ON THE SITE, OR ANY OF THE POLICIES, TERMS OF SERVICE RELATING TO USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
(F) ANY COMMUNICATION OR MATERIAL YOU TRANSMIT TO THE SITE BY ELECTRONIC MAIL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DATA, QUESTIONS, COMMENTS, SUGGESTIONS, AND THE LIKE, WILL BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY. ANYTHING YOU TRANSMIT OR POST MAY BE USED BY Verenia. OR ITS AFFILIATES FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO REPRODUCTION, DISCLOSURE, TRANSMISSION, PUBLICATION, BROADCAST, AND POSTING. FURTHERMORE, Verenia IS FREE TO USE ANY IDEAS, CONCEPTS, KNOW-HOW, OR TECHNIQUES CONTAINED IN ANY COMMUNICATION YOU SEND TO THE SITE FOR ANY PURPOSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DEVELOPING, MANUFACTURING, AND MARKETING PRODUCTS USING SUCH INFORMATION.
You agree to indemnify, defend and hold harmless Verenia, its officers, directors, parents, subsidiaries, agents, licensors, suppliers and any third party information providers to this Site from and against any and all cause(s) of action, claims, losses, expenses, damages, costs, including reasonable attorneys’ fees arising out of Your use of this Site.
Either Verenia or You may terminate this Agreement at any time. Without limiting the foregoing, Verenia shall have the right to immediately terminate Your Account in the event of any conduct by You which Verenia, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement. The provisions of Sections 3, 4, 6, 7, and this Section 8 shall survive termination of this Agreement.
COPYRIGHTS AND COPYRIGHT AGENT
Verenia respects the rights of all copyright holders and in this regard, Verenia has adopted and implemented a policy that provides for the termination in appropriate circumstances of users, subscribers, and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Verenia’ Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material:
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
(A) Entire Agreement. The Terms of Service constitutes the entire agreement between you and Verenia and governs Your use of this Site, superseding any prior agreements between you and Verenia with respect to the use of this Site. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Verenia services, affiliate services, third-party content or third-party software.
(B) Choice of Law and Forum. The Terms of Service and the relationship between You and Verenia shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Verenia agree to submit to the personal and exclusive jurisdiction of the courts located within the County of DuPage, Illinois.
(C) Waiver and Severability of Terms. The failure of Verenia to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
(D) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.