AGREEMENT
BETWEEN USER AND BVERTICALS, Inc. PERSONAL
AND NON-COMMERCIAL USE LIMITATION COPYRIGHT
AND TRADEMARK NOTICES: 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 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 NO
UNLAWFUL OR PROHIBITED USE LINKS
TO THIRD PARTY SITES USE
OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS 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 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 GENERAL 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.
|
|