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AGREEMENT
BETWEEN USER AND BVERTICALS, Inc.
This Web site is offered to you, the user, conditioned on your acceptance
without modification of the terms, conditions, and notices contained
herein. Your use of this Website constitutes your agreement to all
such terms, conditions, and notices.
PERSONAL
AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may
not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell
any information, software, products or services obtained from this
Web site.
COPYRIGHT
AND TRADEMARK NOTICES:
All contents of this Web site are: Copyright © 2002 BVERTICALS,
Inc.and/or its suppliers. Other images/videos owned by other parties
are noted on the appearing web page. All rights
reserved.
No
photos, news stories, graphics, or GenerationVibe logos may be used
or reproduced without written permission.
Pontiac
and Pontiac Vibe are registered trademarks of General Motors, Inc.
BVERTICALS,
Inc., GENERATIONVIBE and GENVIBE are trademarks of BVERTICALS, Inc.
Other product and company names mentioned herein may be the trademarks
of their respective owners.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BVERTICALS, Inc.
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THIS WEB SITE AT ANY TIME.
BVERTICALS,
Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. BVERTICALS, Inc. AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL BVERTICALS, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB
SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH
THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF BVERTICALS, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to BVERTICALS,
Inc. that you will not use this Web site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices.
LINKS
TO THIRD PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties
other than BVERTICALS, Inc.. Such hyperlinks are provided for your
reference only. BVERTICALS, Inc. does not control such Web sites,
and is not responsible for their contents. BVERTICALS, Inc.'s inclusion
of hyperlinks to such Web sites does not imply any endorsement of
the material on such Web sites or any association with their operators.
USE
OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS
If this Web site contains bulletin boards, chat rooms, or other
message or communication facilities (collectively, "Forums"),
you agree to use the Forums only to send and receive messages and
material that are proper and related to the particular Forum. By
way of example, and not as a limitation, you agree that when using
a Forum, you shall not do any of the following:
Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others. Publish, post,
distribute or disseminate any defamatory, infringing, obscene, indecent
or unlawful material or information. Upload files that contain software
or other material protected by intellectual property laws (or by
rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents. Upload files that
contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
Delete any author attributions, legal notices or proprietary designations
or labels in any file that is uploaded. Falsify the origin or source
of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services, or conduct or
forward surveys, contests, or chain letters. Download any file posted
by another user of a Forum that you know, or reasonably should know,
cannot be legally distributed in such manner.
You
acknowledge that all Forums are public and not private communications.
Further, you acknowledge that chats, postings, conferences, and
other communications by other users are not endorsed by BVERTICALS,
Inc., and such communications shall not be considered reviewed,
screened, or approved by BVERTICALS, Inc. BVERTICALS, Inc. reserves
the right for any reason to remove without notice any contents of
the Forums received from users, including without limitation bulletin
board postings. BVERTICALS, Inc. reserves the right to deny in its
sole discretion any user access to this Web site or any portion
thereof without notice.
SOFTWARE
AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site
("Software") is the copyrighted work of BVERTICALS, Inc.
and/or its suppliers. Your use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement").
You may not install or use any Software that is accompanied by or
includes a License Agreement unless you first agree to the License
Agreement terms.
For
any Software not accompanied by a license agreement, BVERTICALS,
Inc. hereby grants to you, the user, a personal, non-transferable
license to use the Software for viewing and otherwise using this
Web site in accordance with these terms and conditions, and for
no other purpose.
Please
note that all Software, including without limitation all HTML code
and ActiveX controls contained in this Web site, is owned by BVERTICALS,
Inc. and/or its suppliers and is protected by copyright laws and
international treaty provisions. Any reproduction or redistribution
of the Software is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You
acknowledge that the Software, and any accompanying documentation
and/or technical information, is subject to applicable export control
laws and regulations of the USA. You agree not export or re-export
the Software, directly or indirectly, to any countries that are
subject to USA export restrictions.
MODIFICATION
OF THESE TERMS AND CONDITIONS
BVERTICALS, Inc. reserves the right to change the terms, conditions,
and notices under which this Web site is offered.
GENERAL
This agreement is governed by the laws of the State of California,
USA. You hereby consent to the exclusive jurisdiction and venue
of courts in Orange County, California, USA in all disputes arising
out of or relating to the use of this Web site. Use of this Web
site is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without
limitation this paragraph.
You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and BVERTICALS, Inc. as a result
of this agreement or use of this Web site.
BVERTICALS,
Inc.'s performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in
derogation of BVERTICALS, Inc.'s right to comply with law enforcement
requests or requirements relating to your use of this Web site or
information provided to or gathered by BVERTICALS, Inc. with respect
to such use.
If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, 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 the agreement shall
continue in effect.
This
agreement constitutes the entire agreement between the user and
BVERTICALS, Inc. with respect to this Web site and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and BVERTICALS, Inc.
with respect to this Web site. 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 to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form.
Fictitious
names of companies, products, people, characters and/or data mentioned
herein are not intended to represent any real individual, company,
product or event.
Any
rights not expressly granted herein are reserved.
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