| Definitions
Verifia.com (“Web site”) is owned
and operated by Verifia Inc., a private company
located in San Jose, California and incorporated
in Delaware.
The terms “Verifia”,
“we”, “us”, “our”
and “ours” when used in these Terms
of Use means Verifia Inc which includes all its
parents, subsidiaries, divisions, branches, affiliates
or companies under common ownership or control
of Verifia Inc.
The terms “you”, “your”
and “yours” when used in these Terms
of Use means any user of this web site.
Agreement
Access to and use of this web site and the information,
materials, products and services available through
this website are subject to all applicable laws
and regulations and to these Terms of Use.
By accessing this web site, you
agree to these Terms of Use which form a legally
binding agreement. If you do not agree, please
exit this web site.
These Terms of Use may be changed
by us from time to time without specific notice
to you. The latest Terms of Use will be posted
on the web site, and you should always review
these Terms of Use prior to using the web site
to ensure that you have a current understanding
of the Terms of Use under which you are permitted
to access this web site. If you cannot access
the Terms of Use via the Internet, we can provide
a copy of the most recent Terms of Use by regular
postal service mail or e-mail upon request.
Access to
this web site (or portions thereof) and the use
of information, materials, products or services
provided through this web site (or portions thereof),
is not intended, and is prohibited, where such
access or use violates applicable laws or regulations.
Product &
Services Information
All references on this web site to information,
materials, products and services apply to information,
materials, products and services available in
the countries or jurisdictions specified with
respect to such information only, unless otherwise
stated. Nothing in this web site constitutes an
offer to buy or sell our products or services
in any jurisdiction. This web site is for information
purposes only.
Ownership
Unless otherwise indicated, this web site and
its design, text, content, selection and arrangement
of elements, organisation, graphics, design, compilation,
magnetic translation, digital conversion and other
matters related to this web site are protected
under applicable copyrights, trademarks and other
proprietary (including, but not limited to, intellectual
property) rights and are the property of Verifia
or the material is included with the permission
of the rights owner and is protected pursuant
to copyright and trademark laws. ALL RIGHTS RESERVED.
The posting of any such elements
on this web site does not constitute a waiver
of any right in such elements. You do not acquire
ownership rights to any such elements viewed through
this web site. Except as otherwise provided herein,
none of the these elements may be used, copied,
reproduced, distributed, republished, downloaded,
modified, displayed, posted or transmitted in
any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording,
or otherwise, without our express prior written
permission.
Permission is hereby granted to
the extent necessary to lawfully access and use
this web site and/or information, materials, products
and/or services available on it to display, download,
archive and print in hard copy, portions of this
web site for personal use only, provided you do
not modify the materials and that you retain any
and all copyright and other proprietary notices
contained in the materials. This permission terminates
automatically if you breach any of these Terms
of Use. Upon termination, you must immediately
destroy any downloaded, archived or printed materials.
Trademarks
The Verifia logo, all product names, all page
headers, all custom graphics, all button icons,
all trademarks, service marks and logos appearing
on this website, unless otherwise noted, are service
marks, trademarks and/or trade dress of Verifia
(the "Marks"). All other trademarks,
product names, company names, logos, service marks
and/or trade dress mentioned, displayed, cited
or otherwise indicated on the website are the
property of their respective owners. You agree
not to display or use the Marks in any manner
without our prior written permission. You agree
not to display or use trademarks, product names,
company names, logos, service marks and/or trade
dress of other owners without the prior written
permission of such owners. The use or misuse of
the Marks or other trademarks, product names,
company names, logos, service marks and/or trade
dress or any other materials contained herein,
except as permitted herein, is expressly prohibited.
Hyperlink
Disclaimer
This web site may contain links and/or advertisements
to other web sites maintained by us in addition
to links to web sites maintained by unrelated
companies and persons. An advertisement of, or
link to, a non-Verifia web site does not mean
that Verifia approves, endorses or accepts any
responsibility for that web site, its content
or use, or the use of products and services made
available through such web site.
Verifia is not responsible for the
actions, content, accuracy, opinions expressed,
privacy policies, products or services provided
through these links or made available through
these resources or appearing in such web sites,
nor for any damages or losses, directly or indirectly,
caused or alleged to have been caused as a result
of your use or reliance on such web sites.
Such web sites are not investigated,
monitored or checked for accuracy, completeness
or conformance with applicable laws and regulations
by us. We do not make any representations whatsoever,
or give any warranties of any kind, expressed,
implied, or otherwise about other web sites which
you may access through this web site, the content
thereof, or the products and/or services made
available through such web sites. If you decide
to leave our web site and access these other web
sites, you do so at your own risk. All rules,
policies (including privacy policies) and operating
procedures of such web sites will apply to you
while on such web sites.
Links from
Other Web sites
Any link to this web site without our written
permission is prohibited. Notwithstanding authorisation
to link to this web site, linking to any page
other than the initial start page of www.verifia.com
is prohibited. Persons providing access to this
web site via link from another web site are solely
responsible for the content, accuracy, opinions
expressed, privacy policies, products or services
of, or available through, the source web site
and for any representations made or impressions
created concerning Verifia.
Authorisation by us to link to
this web site is given without assumption of any
liability by us relating to such links, and we
hereby disclaim any such liability. We reserve
the right to withdraw any authorisation to link
to this Web site at any time and for any reason.
Anyone providing access to, or information
relating to this website, whether by link or otherwise,
is responsible for bringing these Terms of Use
to the attention of the person receiving such
access or information. Failure to do so will not
result in liability for us.
Minors
This web site is a business and commercial site.
As such, it is not intended for children or minors.
Data Protection
Consent
By agreeing to these Terms of Use, you agree to
the terms of our Privacy
Policy.
Any communication or material you
post or transmit to us over the Internet is, and
will be treated as non-confidential and non-proprietary.
Upon the transmission of any personal information
to us, you expressly grant permission to us to
disseminate and/or use such information for any
lawful purpose.
Posting or transmittal of any unlawful,
threatening, libellous, defamatory, obscene, pornographic
or profane material or any material that could
constitute or encourage conduct that would be
considered a criminal offence or violation of
any law is strictly prohibited.
We reserve the right to monitor
your communications with us whether by mail, voice,
fax, e-mail or any other form of transmission
for the purposes of quality control, security
and other business needs.
Notwithstanding the foregoing,
all personal data provided to us as a result of
this web site will be handled in accordance with
our Privacy Policy.
Statements
on Web site
The documents contained on (or directly accessible
from) this web site may contain a number of forward-looking
statements. Any statements that are not statements
of historical fact (including without limitation
statements to the effect that Verifia or its management
"believes," "expects," "anticipates,"
"plans" and similar expressions) should
be considered forward-looking statements and should
not be relied upon.
No Warranties
Verifia makes no Represenations or warranties
with respect to this web site or its contents,
which are provided for use “as is.”
We disclaim all warranties, express or implied,
including without limitation the implied warranties
of title, non-infringement, merchantability, quality
and fitness for a particular purpose, with respect
to this web site and any web site with which it
is linked. We also make no representations or
warranties as to whether the information is accurate,
complete, or current. You accept that our shareholders,
owners, officers, directors employees and other
representatives shall have the benefit of this
clause.
It is the user’s responsibility
to evaluate (or take professional advice on) the
accuracy and completeness of all information,
statements, opinions and other material on this
website or any web site with which it is linked.
The user’s statutory rights
as a consumer, if any, are not affected by these
provisions, and we do not seek to exclude or limit
liability for fraudulent misrepresentation.
Exclusion
of Liability
To the fullest extent permitted by applicable
laws we, on behalf of our employees, agents, suppliers,
and contractors exclude liability for any losses
and expenses of whatever nature and howsoever
arising including, without limitation, any direct,
indirect, special, punitive, or consequential
damages, loss of use, loss of data, loss caused
by a virus, loss of income or profit, loss of
or damage to property, claims of third parties,
or other losses of any kind or character, even
if we have been advised of the possibility of
such damages or losses, arising out of or in connection
with the use of this web site or any web site
with which it is linked. You assume total responsibility
for establishing such procedures for data back
up and virus checking as you consider necessary.
Price and availability of information, materials,
products and/or services is subject to change
without notice.
Indemnity
and Release
The user agrees to indemnify, release and hold
us harmless as well as our officers, directors,
agents, representatives and employees from any
claim, liability, loss, expense or demand, including
legal fees, related to your violation of these
Terms of Use or the user’s access or use
of this web site or any of the information, materials,
products or services available through this web
site.
Modification
and Discontinuation
Verifia reserves the right at any time and from
time to time to modify, edit, delete, suspend
or discontinue, temporarily or permanently this
web site (or any portion thereof) and/or the information,
materials, products and/or services available
through this web site (or any part thereof) with
or without notice. You agree that we shall not
be liable to you or to any third party for any
such modification, editing, deletion, suspension
or discontinuance of this web site.
Entire Understanding
These Terms of Use contain the entire understanding
between you, the user, and Verifia Inc. with respect
to this web site and no representation, statement,
inducement oral or written, not contained herein
shall bind any party to this agreement. Should
any part of these terms for any reason be declared
invalid by a court of competent jurisdiction,
such determination shall not affect the validity
of any remaining portion and such remaining portion
shall remain in full force and effect as if the
invalid portion of these terms had been eliminated.
Our failure to enforce any provision of these
Terms of Use shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
Law &
Jurisdiction
These Terms of Use are made under U.S. law and
this web site is operated from San Jose,
California. Access to, or use of, this web site
or information, materials, products and/or services
on this web site may be prohibited by law in certain
countries or jurisdictions. You are responsible
for compliance with any applicable laws of the
country from which you are accessing this web
site. We make no representation that the information
contained herein is appropriate or available for
use in any location.
You agree that the courts of Delaware
shall have exclusive jurisdiction to resolve any
controversy or claim of whatever nature arising
out of or relating to use of this web site, and
that the laws of the Commonwealth of Massachusetts
shall govern such dispute or claim. However, we
retain the right to bring legal proceedings in
any jurisdiction where we believe that infringement
of this agreement is taking place or originating.
Contacting
Verifia
If you have any questions regarding these Terms
of Use or any other matter, you may contact us
by writing to Verifia Inc., 3003 North First Street, Suite 318,
San Jose, CA 95134 or
by e-mailing us at webmaster@verifia.com.
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