VISTALYNK SOLUTIONS, LLC
TERMS AND CONDITIONS OF USE
Vistalynk Solutions, LLC, an Ohio limited liability company (the “Company”) provides information and services on its web sites located at www.vistalynk.com and www.vistalynkconnections.com (collectively, this “Site”) under the following terms and conditions. By accessing and/or using the Site, you (the “User”) acknowledge and agree to the following terms and conditions.
1. COMPLIANCE WITH LAWS AND REGULATIONS.
User agrees to not access and/or use this Site in any way that violates applicable federal, state, or local laws and regulations. User may not use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use of this Site or services. You may not seek by any means to obtain any materials or information through the Site not intentionally made available to you through this Site. Additionally, the Company, in its sole discretion, reserves the right to refuse registration and to suspend or terminate access to this Site by any individual who violates these Terms and Conditions of Use.
2. INTELLECTUAL PROPERTY.
The information available on this Site is the sole property of the Company and its third-party providers and affiliates, and is protected by copyright, trademark, and other intellectual property laws and regulations. User may not modify, distribute, copy, publish, sell, license, create derivative works, or otherwise unlawfully use any information available on this Site for commercial or public purposes. Users may not use the trademarks, logos, or service marks contained on this Site for any purpose without the written consent of the Company.
3. LINKS TO THIRD PARTY SITES.
This Site may contain links to other websites that are not under the control of the Company. The Company assumes no responsibility or liability for any material that may be accessed on other websites reached through this Site, and the Company makes no representation or warranty as to the accuracy, copyright compliance, legality, or decency of any such websites or any links contained therein. Any links are provided for the User’s convenience, and do not imply endorsement of such linked websites by the Company, or any association with the operators of such linked websites. The Company shall in no way be held liable for the User’s use of any linked websites or the content contained thereon.
4. LINKS FROM THIRD PARTY SITES.
The Company prohibits unauthorized links to this Site and the framing of any information contained on this Site or any portion thereof. The Company reserves the right to disable any unauthorized links or frames. The Company has no responsibility or liability for any material on other websites that may contain links to this Site.
5. NO WARRANTIES.
Information provided on or through this Site is provided “AS IS” without warranty of any kind, either express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. The Company makes no representations or warranties that this Site or the information contained herein is free of defects, viruses, or other harmful components. The Company shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Site or the Company’s computer systems. User has the sole responsibility for adequate protection and backup of User’s data and/or equipment used in connection with this Site, and User agrees to hold the Company harmless from, and the User covenants not to sue the Company or otherwise maintain any claim or cause of action against the Company based on the use of this Site, including claims for lost data, work delays, or lost profits resulting from use of materials or content from this Site. The pages on this Site may contain technical inaccuracies. All materials, information, products, and services included in or available through this Site are provided “AS IS” and “AS AVAILABLE.” The Company periodically adds, changes, improves, and/or updates the information contained on this Site without notice. The User’s use of this Site is at the User’s own risk.
6. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OWNERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. SECURITY.
The security of information transmitted through the internet can never be guaranteed. The Company is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user identification, or other form of authentication involved in obtaining access to password protected or secure areas of this Site. The Company may suspend use of this Site, pending an investigation, if any breach of security is suspected.
8. TRANSMISSION OF PERSONAL DATA; PRIVACY POLICY.
Please see our Privacy Policy for information regarding the collection and use of personal information from this Site. Despite any representations concerning privacy, the Company reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. User acknowledges and agrees that by providing the Company with personal information through the Site, User consents to the transmission of such personal user information as necessary for processing in accordance with the Company’s standard business practices and the Privacy Policy contained on this Site.
9. ACCESS TO SECURE AREAS OF SITE.
Access to and use of password protected and/or secure areas of this Site is restricted to authorized users only. Unauthorized access to such areas is strictly prohibited. User is responsible for maintaining the security of any password, user identification, or other form of authentication required to obtain access to password protected and/or secure areas of this Site.
10. TAMPERING.
User agrees not to modify, add to, delete, or otherwise tamper with the information contained on this Site. User further agrees not to decompile, reverse engineer, disassemble or unlawfully use, or reproduce any of the copyrighted or trademarked material, trade secrets, or other proprietary information contained on this Site.
11. GOVERNING LAW AND JURISDICTION.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Ohio without regard to conflicts of law principles. User agrees that any and all proceedings relating to this Site and the subject matter contained herein shall be maintained in the courts of the State of Ohio located in Hamilton County, Ohio, or the federal district courts located in Hamilton County, Ohio, which courts shall have exclusive jurisdiction over all such matters.
12. INDEMNITY.
The User agrees to defend, indemnify, and hold harmless the Company and its owners, employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of the User’s use of this Site, the User’s breach of these Terms and Conditions of Use, and the User’s infringement of the intellectual property rights of the Company or any third parties.
13. MISCELLANEOUS.
These Terms and Conditions of Use (and the Privacy Policy) supersede all prior oral or written statements or documents made with respect to the User’s use of this Site, to the subject matter contained therein, and/or the services and/or products provided by the Company in connection therewith. Use of the Site is offered to the User conditioned on the User’s acceptance without modification of all terms, conditions, and notices contained or referenced herein and in the Privacy Policy. The User’s use of this Site constitutes the User’s agreement to all Terms and Conditions of Use; if you do not agree to these terms, do not use this Site. User agrees to familiarize herself/himself with these Terms and Conditions of Use and to abide by them if and when User uses this Site. The Company is free to revise these Terms and Conditions of Use at any time by updating this posting, and the User’s use after such change signifies the User’s acceptance of the changed terms.
