Welcome to Ventraq.com, a web site owned and managed by Ventraq, Inc. (“Ventraq”). In order to access and use this site, you must agree to follow and be bound, without limitation or qualification, by the terms and condition set forth herein (this “User Agreement”). Please read this document carefully.
In addition to this document, you should also review Ventraq’s Privacy Statement which sets forth the privacy rules to which all information collected or contained on the Ventraq.com site is subject.
Change of Terms and Conditions of this User Agreement. The terms and conditions of this User Agreement may change at any time, with or without notice. Ventraq.com will always contain a link to the current version of the User Agreement. By accessing and using this site, you agree to accept the terms and conditions of the User Agreement in effect of the date of your use. Please access and review this User Agreement on a regular basis. Ventraq may terminate, disable or limit your access privileges to portions of the Ventraq.com site, in whole or in part, in its sole discretion, at any time without prior notice.
System Integrity. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of this site, nor may you take any action which imposes an unreasonably large load on Ventraq.com, its system, or infrastructure. All information provided by you with respect to your identity shall be true and accurate. You agree that you will not abuse the Ventraq.com service by engaging activities such as guessing or using in an unauthorized manner someone else's user information or password, or otherwise "hacking" into someone else's account or by using Ventraq.com for criminal, illegal, immoral purposes or for any purposes outside of its intended purpose. You will not access or attempt to access any areas of Ventraq.com that are not intended for your access. If you or your company is party to a support agreement with Ventraq, you are solely responsible for maintaining the confidentiality of your user name and password and for all activities and any fees which you or someone using your account may incur and you shall immediately notify Ventraq if you become aware of any loss, theft, or unauthorized use of your user name or password.
Product, Service and Support Information. The information Ventraq publishes on Ventraq.com may contain references or cross references to Ventraq products and services that are not available in your country. Contact Ventraq for information regarding the products and services that may be available to you.
If you or your company is party to a support agreement with Ventraq, your use of the support services available on or through Ventraq.com is governed by the terms and conditions of your support agreement.
Unsolicited Submissions. Ventraq does not want to receive confidential or proprietary information from you through Ventraq.com. Please note that any unsolicited information or material sent to Ventraq will be deemed NOT to be confidential. By sending Ventraq any unsolicited information or material, you grant Ventraq an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Ventraq is free to use any ideas, concepts, know-how or techniques that you send Ventraq for any purpose. However, Ventraq will not release any personal information about you or otherwise publicize the fact that you submitted materials or other information unless (1) Ventraq obtains your permission to use your name or (2) Ventraq first notifies you that the materials or other information you submit to a particular part of Ventraq.com will be published or otherwise used with your name on it or (3) such release is otherwise allowable under Ventraq’s Privacy Statement as may be in effect from time to time.
Copyright and Trademark Notice. The material and content displayed on Ventraq.com, including but not limited to, design, text, software, sounds, images, names, logos, trademarks, service marks and/or patented material are the property of Ventraq or are the property of their applicable owners, and are protected by U.S. and international copyright, trademark, patent and other laws. You agree not to remove any copyright or other proprietary notices from any material or content and not to make any commercial use of any material and content except as it relates to your particular company. You may print a copy of the information on this web site for your personal use only. You may not reproduce, distribute or substantially copy the information from Ventraq.com, or link to Ventraq.com without the express prior written permission of Ventraq. You are not permitted to post on or transmit to or from Ventraq.com any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material, or other content that could give rise to civil or criminal liability under the law.
Use of Ventraq.com does not grant you any rights to use Ventraq’s trademarks, service marks or trade names. The content on Ventraq.com is protected by copyrights, trademarks and service marks, other intellectual property laws, and other laws and regulations. Ventraq is the copyright owner of all text contained on this web site. The trademarks and service marks on this web site are the property of Ventraq or third parties who have granted Ventraq permission to include their trademarks and service marks on the web site.
Corrections and Modifications. Ventraq is under no obligation to update, correct, or otherwise modify any information or data contained, residing, or transmitted to Ventraq.com. While every reasonable effort is made to ensure that the information presented on and contained on Ventraq.com is accurate and correct, there may be inadvertent (technical and/or factual) inaccuracies and typographical errors. Information contained on Ventraq.com may also become out-of-date. While Ventraq disclaims all responsibility to update or correct any information placed on Ventraq.com, Ventraq reserves the right to make changes and updates to any information contained on Ventraq.com without prior notice.
Consent to Monitoring and Disclosure. Ventraq is under no obligation to monitor the information residing on or transmitted to or through Ventraq.com. However, you agree that Ventraq may monitor the site to (a) comply with any necessary laws, regulations, or governmental requests; (b) operate Ventraq.com in a manner Ventraq deems proper; or (c) to protect against conduct Ventraq deems inappropriate. Ventraq shall have the right, but not the obligation, to reject or eliminate any information or data residing on or transmitted to Ventraq.com that it believes is unacceptable or inconsistent with these terms and conditions.
Endorsements and Linked Sites. Links to third party web sites (“linked sites”) are provided for your information and convenience. Ventraq does not control and is not responsible for, nor does control, the content, products, or services provided by linked sites. Ventraq does not endorse or guarantee the products, information or recommendations provided by linked sites, and is not liable for any failure of products or services advertised on those sites. Linked sites may provide less security than Ventraq.com and may have their own terms and conditions. Your use of such linked sites is governed by those terms and conditions appearing on the linked sites. . It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, trojan horses and other items of a destructive nature.
When you access a non-Ventraq website, even one that may contain the Ventraq logo, please understand that it is independent from Ventraq, and that Ventraq has no control over the content on that website.
Public Communications, Forums and Interactive Features. The Site may provide micro-blog areas and other features for communication. Such features are referred to herein as “Visitor Features.” Ventraq may, in its sole discretion and without advance notice, discontinue provision of any Visitor Features to any or all Site visitors and may, in its sole discretion, remove any Content provided by a Site visitor. Please be sure to exercise caution in deciding whether to post particular Content. Such posting must comply with these Terms and any applicable laws and regulations.
We hope that all of those who use and have access to the Site will follow the Terms and otherwise conduct themselves properly. However, we cannot be responsible for monitoring, verifying or substantiating Content or Code provided by users of the Site. Also, the appearance of any particular product, service, opinion, statement or other Content on the Site does not necessarily mean that Ventraq endorses, sponsors or recommends it. Therefore, you agree that neither Ventraq nor any of its employees or contractors shall be liable to you for any breach of the Terms by Site users or for other injurious behavior engaged in by entities who use or gain access to the Site, its Contents or Code. Also, any Content provided by a Site Visitor is also subject to the grant of rights set forth in these Terms.
Users of Visitor Features are bound by and must comply with the Terms and all applicable laws and regulations. For example, users agree NOT to do the following:
(a) Transmit any Content that is damaging, disruptive, obscene, unlawful, inaccurate, defamatory, illegal or otherwise objectionable to Ventraq, including but not limited to, communications that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual;
(b) Impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary rights of any person or entity;
(c) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations having the force of law, while you are using or accessing any Visitor Features;
(d) Infringe the copyrights, trademarks, or otherwise injure the personal or proprietary rights of any person or entity;
(e) Modify, without proper authorization, Content provided by another user;
(f) Advertise any service, product, membership, group or event that is not provided by, sponsored by or otherwise authorized by Ventraq.
Disclaimer and Limitation of Liability.
(a) VENTRAQ.COM IS PROVIDED ON AS “AS IS” BASIS AND VENTRAQ EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VENTRAQ DOES NOT WARRANT THAT VENTRAQ.COM WILL BE AVAILABLE FOR ACCESS AT ANY OR ALL TIMES, THAT ANY OR ALL FAILURES, DEFECTS, OR ERRORS IN VENTRAQ.COM WILL BE CORRECTED, THAT YOUR USE OF VENTRAQ.COM WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES VENTRAQ WARRANT THAT THE FUNCTIONS CONTAINED IN VENTRAQ.COM, OR INFORMATION SUPPLIED IN CONNECTION WITH ITS USE, WILL MEET YOUR REQUIREMENTS.
(b) ALL SERVICES AND DATA ACCESSED OR RECEIVED BY YOU THROUGH VENTRAQ.COM ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND VENTRAQ EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING SUCH SERVICES AND DATA, INCLUDING WARRANTIES OF ACCURACY OR COMPLETENESS AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(c) YOU ACKNOWLEDGE AND AGREE THAT VENTRAQ HAS MADE NO WARRANTIES OR REPRESENTATIONS REGARDING VENTRAQ.COMOR THE SERVICES OR DATA ACCESSED OR RECEIVED BY YOU THROUGH THE VENTRAQ.COM
(d) YOU ACKNOWLEDGE THAT SOME OF THE SERVICES OR INFORMATION YOU MAY RECEIVE THROUGH USE OF VENTRAQ.COM MAY BE PROVIDED BY THIRD PARTIES AND THAT VENTRAQ HAS MADE NO WARRANTIES OR REPRESENTATIONS REGARDING INFORMATION PROVIDED BY SUCH THIRD PARTIES OR THEIR SERVICES.
(e) IN NO EVENT SHALL VENTRAQ BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE VENTRAQ.COM OR ANY DATA ACCESSED OR RECEIVED BY YOU FROM VENTRAQ.COM INCLUDING, WITHOUT LIMITATION, LOST BUSINESS, LOST SAVINGS OR LOST PROFITS EVEN IF VENTRAQ HAS BEEN ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. IN THOSE STATES THAT DO NOT ALLOW SUCH EXCLUSION OF LIABILITY, VENTRAQ’ LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL VENTRAQ BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF THIRD PARTIES OR FOR THE SERVICES THAT MAY BE PROVIDED BY THIRD PARTIES THROUGH VENTRAQ.COM.
Indemnification. You acknowledge and agree that you are personally responsible for your conduct while using Ventraq.com. You agree to defend, indemnify, and hold harmless Ventraq, and its affiliates and their officers, directors, employees and agents, from and against any and all claims, direct, incidental, special, consequential or exemplary damages, losses, liabilities and all costs and expenses, including, but not limited to, attorneys' fees arising directly or indirectly from your violation of this User Agreement or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right, and invasion of any privacy rights.
General Provisions. Any provision of this User Agreement that is prohibited by law, or is unlawful or unenforceable under applicable law, shall be ineffective only to the extent of such prohibition, without invalidating the remaining provisions of this User Agreement. This User Agreement and all matters relating to the use of and access to this site shall be governed in all respects by the laws of the State of New Jersey and the United States.
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