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| Terms and Conditions of Use |
As used herein, “Veretech” shall refer to Veretech, Inc., its parents, subsidiaries, affiliates, officers, employees, agents and representatives; and "this Web site" shall include any and all information sources on the Internet provided by, or under the control or supervision of Veretech, its parents, subsidiaries, affiliates, officers, employees, agents and representatives.
- ACCEPTANCE. By using this Web site, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to this Web site. All such guidelines and rules are hereby incorporated by reference into these Terms and Conditions.
- RESTRICTIONS ON USE. Use of this Web site is subject to compliance with these Terms and Conditions. You acknowledge and agree that Veretech may terminate your access to portions of this Web site should you fail to comply with these Terms and Conditions or any other guidelines and rules published by Veretech. Any such termination shall be in the sole discretion of Veretech and may occur without notice. Veretech further reserves the right to terminate any user's access to this Web site for any conduct that it, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to it or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Veretech reserves the right to terminate any user's access to this Web site for any reason or for no reason at all, in its sole discretion, without notice.
- DISCLAIMER OF WARRANTIES. THIS WEB SITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. VERETECH HEREBY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS WEB SITE. VERETECH HEREBY DISCLAIMS ANY AN ALL WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THIS WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THIS WEB SITE OR THROUGH ANY LINKS PROVIDED IN THIS WEB SITE. VERETECH SIMILARLY DISCLAIMS ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THIS WEB SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VERETECH DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THIS WEB SITE. VERETECH DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. VERETECH DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. VERETECH MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY THIS WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow, or restrict, the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you, insofar as they relate to implied warranties, in whole or in part.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL VERETECH BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THIS WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF VERETECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THIS WEB SITE, FROM INABILITY TO USE THIS WEB SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THIS WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS WEB SITE.
SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THIS WEB SITE.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THIS WEB SITE.
UNDER NO CIRCUMSTANCES SHALL VERETECH BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted or are restricted. In such jurisdictions, the foregoing limitation may not apply to you, in whole or in part.
- DISCLAIMER OF VEHICLE VALUATION INFORMATION. VERETECH MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE VERETECH USED VEHICLE APPRAISAL PROCESS, NOR THE VALUES GENERATED BY THE APPRAISAL PROCESS, NOR THE APPRAISAL REPORT GENERATED BY THE PROCESS. THE APPRAISAL PROCESS, THE VEHICLE VALUES AND THE APPRAISAL REPORTS ARE PROVIDED "AS IS" AND VERETECH HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE APPRAISAL PROCESS, THE VEHICLE VALUES AND THE APPRAISAL REPORTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL VERETECH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR PERFORMANCE OF THE APPRAISAL PROCESS, THE VEHICLE VALUES OR THE APPRAISAL REPORTS, (II) THE DELAY OR INABILITY TO USE THE APPRAISAL PROCESS, THE VEHICLE VALUES AND THE APPRAISAL REPORTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VERETECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. IF YOU ARE DISSATISFIED WITH THE APPRAISAL PROCESS, THE VEHICLE VALUES AND THE APPRAISAL REPORTS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE APPRAISAL PROCESS, THE VEHICLE VALUES AND THE APPRAISAL REPORTS.
Some jurisdictions do not allow, or restrict, the disclaimer of implied warranties and limitations on liability. In such jurisdictions, the foregoing may not apply to you in whole or in part.
- DISCLAIMER REGARDING THIRD PARTY CONTENT. Veretech may offer access to numerous third party web pages and content available over the Internet. In overwhelming majority of instances, including, but not limited to, sites displayed as search results or contained within a directory of links, Veretech has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on this Web site or provided to this Web site by third parties, Veretech may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through this Web site from such sources is developed by people over whom Veretech exercises no control. Accordingly, Veretech assumes no responsibility for the content of any site included in any search results or otherwise linked to this Web site.
- ADVERTISERS AND CONTENT LINKED TO THIS WEB SITE. Veretech may provide, or third parties may provide, links to other sites or resources located on the World Wide Web. Veretech has no control over such sites and resources. You acknowledge and agree that Veretech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Veretech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- NO LICENSE; INTELLECTUAL PROPERTY OF THIS WEB SITE AND OTHERS. Except as expressly provided, nothing within any of this Web site shall be construed as conferring any license under any of Veretech's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate this Web site is protected by copyright, trademark, patent, or other proprietary rights of Veretech and its affiliates, licensors, and service providers.
Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by this Web site. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by this Web site, any of its affiliates, or any of its service providers. You agree not to use any of the trademarks or service marks or other content accessible through this Web site of any purpose other than the purpose for which such content is made available to users by Veretech. You agree not to defame or disparage this Web site and/or Veretech, the trademarks or service marks of Veretech, or any aspect of this Web site. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer this Web site or any software or programs used in connection with therewith.
- INDEMNITY AND RELEASE. By using this Web site, you agree to indemnify Veretech and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of this Web site. By using this Web site, you are hereby agreeing to release Veretech and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to this Web site. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
- LIMITATION OF ACTIONS. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of this Web site must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
- COPYRIGHT, TRADEMARK, AND PATENT NOTICES.
All trademarks, names, logos, emblems and Content that appear throughout this Web site are the intellectual property of Veretech or the respective owners of such intellectual property, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks and/or content appearing throughout this Web site without the express written consent of Veretech or the respective owner of such intellectual property, is strictly prohibited.
- INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. It is the policy of Veretech to respond expeditiously to claims of intellectual property infringement. Veretech will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Veretech will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Veretech will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:
Mr. Art DeLaurier
272 SE 5th Avenue
Delray Beach, FL 33483
Please put "Notice of Infringement" in the subject line of all such notifications. When Veretech removes or disables access to any material claimed to be infringing, this Web site may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Veretech makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. Veretech will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Veretech replaces or restores access to any material as a result of any counter notification.
- ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES. Unless expressly stated to the contrary elsewhere within this Web site, all legal issues arising from or related to the use of this Web site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Florida applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of this Web site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Palm Beach County, Florida, and judgment on the arbitration award may be entered into in any state or federal court in Florida having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Florida having jurisdiction thereof. Except as set forth above, the state and federal courts of Florida shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of this Web site. By using this Web site and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Florida with respect to all such disputes.
- CHANGES. Veretech reserves the right to modify this Web site from time to time, for any reason, and without notice, including the right to terminate this Web site. Veretech reserves the right to modify these Terms and Conditions from time to time, without notice.
- MERGER. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Veretech’s representations and you with respect to the subject matter hereof; except that any other terms and conditions located elsewhere on this Web site are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions conflict with these Terms and Conditions, these Terms and Conditions shall control.
- NON-WAIVER AND SEPARABILITY. The failure of Veretech to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
- RELATIONSHIP OF PARTIES. You acknowledge and agree that you and Veretech are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
- NO RESALE, ASSIGNMENT, OR SUBLICENSING. You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Veretech.
- SUCCESSORS AND ASSIGNS. Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
- TERMINATION; SURVIVAL. These Terms and Conditions shall continue in effect for as long as you use this Web site, unless specifically terminated earlier by Veretech. All provisions of these Terms and Conditions that impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
- COMMUNICATIONS WITH USERS. Veretech reserves the right to communicate with you regarding your use of this Web site.
- EXPORT CONTROLS. Certain software, and related documentation or technical information, available through this Web site is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.
- VIOLATIONS OF TERMS AND CONDITIONS. Should you violate these Terms and Conditions or any other rights of Veretech, Veretech reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on this Web site.