The Vermont Technology Alliance's Terms And Conditions Of Use
1. License Grant
2. License Restrictions
4. vtTA Policies; Additional Terms and Conditions
5. Click-Through Agreements
6. Personal Login Information
Certain features and areas of the vtTA Web sites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. vtTA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the vtTA immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
8. User Obligations
You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the vtTA Web sites and not interfere with the use and enjoyment of the vtTA Web sites by other users or with vtTA's operation and management of the vtTA Web sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the vtTA Web sites, including, without limitation, information required to be provided through an vtTA Web site registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, vtTA reserves the right to terminate your access and use of the vtTA Web sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the vtTA Web sites, or defame or otherwise harm any party, including vtTA, through your use of the vtTA Web sites.
9. Proprietary Rights
The content of the vtTA Web sites includes, without limitation, (i) vtTA's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "vtTA Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the vtTA Web sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "vtTA Content"). vtTA Content is the property of the vtTA, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any vtTA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the vtTA or the owner of such content if the vtTA is not the owner. Any use of the vtTA Marks without vtTA express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the vtTA Content, including any such notices appearing on any vtTA Content you are permitted to download, transmit, display, print, or reproduce from the vtTA Web sites.
10. Responsibility for Use of the Internet and vtTA Web sites
Use of the Internet and the vtTA Web sites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. vtTA does not guarantee the confidentiality or security of any communication or other material transmitted to or from the vtTA Web sites over the Internet or other communication network. vtTA shall not be obligated to correct or update the vtTA Web sites or the vtTA Content and vtTA shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the vtTA Web sites.
11. Business Disclaimer
The vtTA Content is provided for informational purposes only and is not intended as business advice, or as a substitute for the business advice of a professional.
12. Patient Information
The vtTA Web sites, including any public forums which you may access via the vtTA Web sites, may contain confidential patient information ("Patient Information"). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
13. Third Party Information
The vtTA Web sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the vtTA Web sites are those of the respective third party and not of vtTA or its affiliates. vtTA makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
The vtTA Web sites may contain advertisements of third parties. The inclusion of advertisements on the vtTA Web sites does not imply endorsement of the advertised products or services by vtTA. vtTA shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the vtTA Web sites. Further, vtTA shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the vtTA Web sites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
15. Links to Third Party Web sites
The vtTA Web sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which vtTA exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the vtTA Web sites, you do so entirely at your own risk.
16. Links to vtTA Web sites and vtTA Content.
Links posted by third parties to the vtTA Web sites and/or vtTA Content may not use the vtTA trademark or logo and shall not suggest that vtTA promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Web sites, content, or information. Any links to any portion of the vtTA Web sites shall be the responsibility of the linking party. vtTA reserves the right to require any linking party to disable or remove any link that violates vtTA rights or causes interruption or deterioration of vtTA Content.
17. Warranties Disclaimed
THE vtTA WEB SITES AND vtTA CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER vtTA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "vtTA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE vtTA WEB SITES OR vtTA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE vtTA WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE vtTA WEB SITES WILL MEET YOUR EXPECTATIONS; OR (iv) techVERMONT CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE vtTA WEB SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
18. Limitation of Liability
THE vtTA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DtechVERMONTGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE vtTA WEB SITES AND/OR ANY vtTA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE vtTA WEB SITES AND/OR vtTA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE techVERMONT WEB SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE vtTA WEB SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE vtTA WEB SITES; (vii) FROM ANY DELAY OR FAILURE OF THE vtTA WEB SITES ARISING OUT OF CAUSES BEYOND techVERMONT'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE vtTA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE vtTA WEB SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEB SITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE vtTA WEB SITES OR vtTA CONTENT.
19. Exclusions permitted by law
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND vtTA LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21. Term and Termination
22. Arbitration; Venue
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for Vermont or any State of Vermont court located in Chittenden County, Vermont.
23. Governing Law
24. Waiver and Severability
25. Complete Agreement
26. Contact Information
27. Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the vtTA Web sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
28. Use of vtTA Web sites and vtTA Content outside of the United States