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Category
Talent

 

TERMS OF USE AGREEMENT
Effective Date: 9/20/2016

Thank you for vis­it­ing Vandctalent.com (“site”). By using our site, you are agree­ing to com­ply with and be bound by the fol­low­ing terms of use. Please review the fol­low­ing terms care­fully. If you do not agree to these terms, you should not use this site. The term “site” or “web­site” or “us” or “we” or “our” refers to Vandctalent.com and V&C TALENT, LLC;  the owner of the Web site. The term “you” refers to the user or viewer of our Web Site.

  1. Accep­tance of Agreement.

You agree to the terms and con­di­tions out­lined in this Terms of Use Agree­ment (“Agree­ment”) with respect to our site (the “Site”). This Agree­ment con­sti­tutes the entire and only agree­ment between us and you and super­sedes all prior or con­tem­po­ra­ne­ous agree­ments, rep­re­sen­ta­tions, war­ranties and under­stand­ings with respect to the Site, the con­tent, prod­ucts or ser­vices pro­vided by or through the Site, and the sub­ject mat­ter of this Agree­ment. This Agree­ment may be amended at any time by us from time to time with­out spe­cific notice to you. The lat­est Agree­ment will be posted on the Site, and you should review this Agree­ment prior to using the Site.

  1. Copy­right.

The con­tent, orga­ni­za­tion, graph­ics, design, com­pi­la­tion, mag­netic trans­la­tion, dig­i­tal con­ver­sion and other mat­ters related to the Site are pro­tected under applic­a­ble copy­rights, trade­marks and other pro­pri­etary (includ­ing but not lim­ited to intel­lec­tual prop­erty) rights. The copy­ing, redis­tri­b­u­tion, use or pub­li­ca­tion by you of any such mat­ters or any part of the Site, except as allowed by Sec­tion 4 below, is strictly pro­hib­ited. You do not acquire own­er­ship rights to any con­tent, doc­u­ment or other mate­ri­als viewed through the Site. The post­ing of infor­ma­tion or mate­ri­als on the Site does not con­sti­tute a waiver of any right in such infor­ma­tion and mate­ri­als. Some of the con­tent on the site is the copy­righted work of third parties.

  1. Ser­vice Marks.

“Vandctalent.com” and oth­ers are our ser­vice marks or reg­is­tered ser­vice marks or trade­marks. Other prod­uct and com­pany names men­tioned on the Site may be trade­marks of their respec­tive owners.

  1. Lim­ited License; Per­mit­ted Uses.

You are granted a non-exclusive, non-transferable, revo­ca­ble license (a) to access and use the Site strictly in accor­dance with this Agree­ment; (b) to use the Site solely for inter­nal, per­sonal, non-commercial pur­poses; and © to print out dis­crete infor­ma­tion from the Site solely for inter­nal, per­sonal, non-commercial pur­poses and pro­vided that you main­tain all copy­right and other poli­cies con­tained therein. No printout or elec­tronic ver­sion of any part of the Site or its con­tents may be used by you in any lit­i­ga­tion or arbi­tra­tion mat­ter what­so­ever under any circumstances.

  1. Restric­tions and Pro­hi­bi­tions on Use.

Your license for access and use of the Site and any infor­ma­tion, mate­ri­als or doc­u­ments (col­lec­tively defined as “Con­tent and Mate­ri­als”) therein are sub­ject to the fol­low­ing restric­tions and pro­hi­bi­tions on use: You may not (a) copy, print (except for the express lim­ited pur­pose per­mit­ted by Sec­tion 4 above), repub­lish, dis­play, dis­trib­ute, trans­mit, sell, rent, lease, loan or oth­er­wise make avail­able in any form or by any means all or any por­tion of the Site or any Con­tent and Mate­ri­als retrieved therefrom; (b) use the Site or any mate­ri­als obtained from the Site to develop, of as a com­po­nent of, any infor­ma­tion, stor­age and retrieval sys­tem, data­base, infor­ma­tion base, or sim­i­lar resource (in any media now exist­ing or here­after devel­oped), that is offered for com­mer­cial dis­tri­b­u­tion of any kind, includ­ing through sale, license, lease, rental, sub­scrip­tion, or any other com­mer­cial dis­tri­b­u­tion mech­a­nism; © cre­ate com­pi­la­tions or deriv­a­tive works of any Con­tent and Mate­ri­als from the Site; (d) use any Con­tent and Mate­ri­als from the Site in any man­ner that may infringe any copy­right, intel­lec­tual prop­erty right, pro­pri­etary right, or prop­erty right of us or any third par­ties; (e) remove, change or obscure any copy­right notice or other pro­pri­etary notice or terms of use con­tained in the Site; (f) make any por­tion of the Site avail­able through any time­shar­ing sys­tem, ser­vice bureau, the Inter­net or any other tech­nol­ogy now exist­ing or devel­oped in the future; (g) remove, decom­pile, dis­as­sem­ble or reverse engi­neer any Site soft­ware or use any net­work mon­i­tor­ing or dis­cov­ery soft­ware to deter­mine the Site archi­tec­ture; (h) use any auto­matic or man­ual process to har­vest infor­ma­tion from the Site; (i) use the Site for the pur­pose of gath­er­ing infor­ma­tion for or trans­mit­ting (1) unso­licited com­mer­cial email; (2) email that makes use of head­ers, invalid or nonex­is­tent domain names, or other means of decep­tive address­ing; and (3) unso­licited tele­phone calls or fac­sim­ile trans­mis­sions; (j) use the Site in a man­ner that vio­lates any state or fed­eral law reg­u­lat­ing email, fac­sim­ile trans­mis­sions or tele­phone solic­i­ta­tions; and (k) export or re-export the Site or any por­tion thereof, or any soft­ware avail­able on or through the Site, in vio­la­tion of the export con­trol laws or reg­u­la­tions of the United States.

  1. Link­ing to the Site.

You may pro­vide links to the Site, pro­vided (a) that you do not remove or obscure, by fram­ing or oth­er­wise, adver­tise­ments, the copy­right notice, or other notices on the Site, (b) your site does not engage in ille­gal or porno­graphic activ­i­ties, and © you dis­con­tinue pro­vid­ing links to the Site imme­di­ately upon request by us.

  1. Adver­tis­ers.

The Site may con­tain adver­tis­ing and spon­sor­ships. Adver­tis­ers and spon­sors are respon­si­ble for ensur­ing that mate­r­ial sub­mit­ted for inclu­sion on the Site is accu­rate and com­plies with applic­a­ble laws. We are not respon­si­ble for the ille­gal­ity or any error, inac­cu­racy or prob­lem in the advertiser’s or sponsor’s materials.

  1. Registration/Purchase.

Cer­tain sec­tions of, or offer­ings from, the Site may require you to reg­is­ter. If reg­is­tra­tion is requested, you agree to pro­vide us with accu­rate, com­plete reg­is­tra­tion, and/or pur­chase infor­ma­tion. Your reg­is­tra­tion must be done using accu­rate infor­ma­tion. Each reg­is­tra­tion is for your per­sonal use only. We do not per­mit (a) any other per­son using the reg­is­tered sec­tions under your name; or (b) access through a sin­gle name being made avail­able to mul­ti­ple users on a net­work. You are respon­si­ble for pre­vent­ing such unau­tho­rized use. If you are a minor (13 years or younger), a parent will be required to create and maintain your account. 

  1. Errors, Cor­rec­tions, and Changes.

We do not rep­re­sent or war­rant that the Site will be error-free, free of viruses or other harm­ful com­po­nents, or that defects will be cor­rected. We do not rep­re­sent or war­rant that the infor­ma­tion avail­able on or through the Site will be cor­rect, accu­rate, timely or oth­er­wise reli­able. We may make changes to the fea­tures, func­tion­al­ity or con­tent of the Site at any time. We reserve the right in our sole dis­cre­tion to edit or delete any doc­u­ments, infor­ma­tion or other con­tent appear­ing on the Site.

  1.  Third Party Content.

Third party con­tent may appear on the Site or may be acces­si­ble via links from the Site. We are not respon­si­ble for and assume no lia­bil­ity for any mis­takes, mis­state­ments of law, defama­tion, omis­sions, false­hood, obscen­ity, pornog­ra­phy or pro­fan­ity in the state­ments, opin­ions, rep­re­sen­ta­tions or any other form of con­tent on the Site. You under­stand that the infor­ma­tion and opin­ions in the third party con­tent rep­re­sent solely the thoughts of the author and is nei­ther endorsed by nor does it nec­es­sar­ily reflect our belief.

Mate­r­ial con­tained in the con­tent may not be dupli­cated or redis­trib­uted with­out the prior writ­ten con­sent of us and the copy­right holder, except that one print copy of search out­put is per­mit­ted for use within the user’s orga­ni­za­tion and that search out­put may be stored tem­porar­ily in elec­tronic media for edit­ing or refor­mat­ting and sub­se­quent print­ing of one print copy of search out­put for inter­nal use.

Adver­tis­ing and spon­sored links found on con­tent pages from third party providers are not pro­vided by those con­tent providers and are not endorsements.

  1. Unlaw­ful Activity.

We reserve the right to inves­ti­gate com­plaints or reported vio­la­tions of this Agree­ment and to take any action we deem appro­pri­ate, includ­ing but not lim­ited to report­ing any sus­pected unlaw­ful activ­ity to law enforce­ment offi­cials, reg­u­la­tors, or other third par­ties and dis­clos­ing any infor­ma­tion nec­es­sary or appro­pri­ate to such per­sons or enti­ties relat­ing to your pro­file, email addresses, usage his­tory, posted mate­ri­als, IP addresses, and traf­fic information.

  1. Indem­ni­fi­ca­tion.

You agree to indem­nify, defend and hold us and our part­ners, agents, offi­cers, direc­tors, employ­ees, sub­con­trac­tors, suc­ces­sors, assigns, third party sup­pli­ers of infor­ma­tion and doc­u­ments, adver­tis­ers, prod­uct and ser­vice providers, and affil­i­ates (col­lec­tively, “Affil­i­ated Par­ties”) harm­less from any lia­bil­ity, loss, claim and expense related to your vio­la­tion of this Agree­ment or use of the Site.

  1. Non­trans­fer­able.

Your right to use the Site is not trans­fer­able or assign­a­ble. Any pass­word or right given to you to obtain infor­ma­tion or doc­u­ments is not trans­fer­able or assignable.

  1. Dis­claimer.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

  1. Lim­i­ta­tion of Liability.

(a) We and any Affil­i­ated Party shall not be liable for any loss, injury, claim, lia­bil­ity, or dam­age of any kind result­ing in any way from (1) any errors in or omis­sions from the Site or any ser­vices or prod­ucts obtain­able therefrom, (2) the unavail­abil­ity or inter­rup­tion of the Site or any fea­tures thereof, (3) your use of the Site, (4) the con­tent con­tained on the Site, or (5) any delay or fail­ure in per­for­mance beyond the con­trol of a Cov­ered Party.

(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

  1. Use of Information.

We reserve the right, and you autho­rize us, to the use and assign­ment of all infor­ma­tion regard­ing Site uses by you and all infor­ma­tion pro­vided by you in any man­ner con­sis­tent with our Pri­vacy Pol­icy. All remarks, sug­ges­tions, ideas, graph­ics, or other infor­ma­tion com­mu­ni­cated by you to us (col­lec­tively, a “Sub­mis­sion”) will for­ever be our prop­erty. We will not be required to treat any Sub­mis­sion as con­fi­den­tial, and will not be liable for any ideas (includ­ing with­out lim­i­ta­tion, prod­uct, ser­vice or adver­tis­ing ideas) and will not incur any lia­bil­ity as a result of any sim­i­lar­i­ties that may appear in our future prod­ucts, ser­vices or oper­a­tions. With­out lim­i­ta­tion, we will have exclu­sive own­er­ship of all present and future exist­ing rights to the Sub­mis­sion of every kind and nature every­where. We will be enti­tled to use the Sub­mis­sion for any com­mer­cial or other pur­pose what­so­ever, with­out com­pen­sa­tion to you or any other per­son send­ing the Sub­mis­sion. You acknowl­edge that you are respon­si­ble for what­ever mate­r­ial you sub­mit, and you, not us, have full respon­si­bil­ity for the mes­sage, includ­ing its legal­ity, reli­a­bil­ity, appro­pri­ate­ness, orig­i­nal­ity, and copyright.

In com­pli­ance with the Children’s Online Pri­vacy Pro­tec­tion Act of 1998, Vandctalent.com does not accept reg­is­tra­tions from those under 13 years of age. By reg­is­ter­ing with Vandctalent.com, you rep­re­sent that you are at least 13 years old.

  1. Pri­vacy Policy.

Our Pri­vacy Pol­icy, as it may change from time to time, is a part of this Agreement.

  1. Dis­clo­sure Policy.

Our Dis­clo­sure Pol­icy, as it may change from time to time, is a part of this Agreement.

  1. Pay­ments.

You rep­re­sent and war­rant that if you are pur­chas­ing some­thing from us or from V&C TALENT, LLC or any of its divisions that:

(i) any credit infor­ma­tion you sup­ply is true and com­plete, (ii) charges incurred by you will be hon­ored by your credit card com­pany, and (iii) you will pay the charges incurred by you at the posted prices, includ­ing any applic­a­ble taxes.

  1. Secu­ri­ties Laws.

The Site may include state­ments con­cern­ing our oper­a­tions, prospects, strate­gies, finan­cial con­di­tion, future eco­nomic per­for­mance and demand for our prod­ucts or ser­vices, as well as our inten­tions, plans and objec­tives (par­tic­u­larly with respect to prod­uct and ser­vice offer­ings), that are forward-looking state­ments. These state­ments are based upon a num­ber of assump­tions and esti­mates which are sub­ject to sig­nif­i­cant uncer­tain­ties, many of which are beyond our con­trol. When used on our Site, words like “antic­i­pates,” “expects,” “believes,” “esti­mates,” “seeks,” “plans,” “intends,” “will” and sim­i­lar expres­sions are intended to iden­tify forward-looking state­ments designed to fall within secu­ri­ties law safe har­bors for forward-looking state­ments. The Site and the infor­ma­tion con­tained herein does not con­sti­tute an offer or a solic­i­ta­tion of an offer for sale of any secu­ri­ties. None of the infor­ma­tion con­tained herein is intended to be, and shall not be deemed to be, incor­po­rated into any of our securities-related fil­ings or documents.

  1. Links to other Web Sites.

The Site con­tains links to other Web sites. We are not respon­si­ble for the con­tent, accu­racy or opin­ions express in such Web sites, and such Web sites are not inves­ti­gated, mon­i­tored or checked for accu­racy or com­plete­ness by us. Inclu­sion of any linked Website on our Site does not imply approval or endorse­ment of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

  1. Copy­rights and Copy­right Agents.

We respect the intel­lec­tual prop­erty of oth­ers, and we ask you to do the same. If you believe that your work has been copied in a way that con­sti­tutes copy­right infringe­ment, please pro­vide our Copy­right Agent the fol­low­ing information:

  1. An elec­tronic or phys­i­cal sig­na­ture of the per­son autho­rized to act on behalf of the owner of the copy­right interest;
  1. A descrip­tion of the copy­righted work that you claim has been infringed;
  1. A descrip­tion of where the mate­r­ial that you claim is infring­ing is located on the Site;
  1. Your address, tele­phone num­ber, and email address;
  1. A state­ment by you that you have a good faith belief that the dis­puted use is not autho­rized by the copy­right owner, its agent, or the law; and
  1. A state­ment by you, made under penalty of per­jury, that the above infor­ma­tion in your Notice is accu­rate and that you are the copy­right owner or autho­rized to act on the copy­right owner’s behalf.

Our Copy­right Agent for Notice of claims of copy­right infringe­ment on the Site can be reached by mail:

Copy­right Agent: Cheryl Mann           
vandctalent.com
admin@vandctalent.com
355 Hunters Crossing Way
Bowling Green, KY, 42104
United States

  1. Infor­ma­tion and Press Releases.

The Site con­tains infor­ma­tion and press releases about us. We dis­claim any duty or oblig­a­tion to update this infor­ma­tion or any press releases. Infor­ma­tion about com­pa­nies other than ours con­tained in the press release or oth­er­wise, should not be relied upon as being pro­vided or endorsed by us.

  1. Legal Compliance.

You agree to com­ply with all applic­a­ble domes­tic and inter­na­tional laws, statutes, ordi­nances and reg­u­la­tions regard­ing your use of the Site and the Con­tent and Mate­ri­als pro­vided therein.

  1. Refund and Return Policy.

Do not notice us about your intent to cancel membership.  You may cancel your subscription at any time by canceling your monthly draft.  However, you will not be entitled to any refund of any subscription fees that you have paid in advance, even if you cancel your subscription before the end of the relevant subscription period. If you cancel your subscription or are going to cancel your subscription, you may do so at any time.  It is, however, suggested that you wait until the end of your monthly draft cycle and then cancel 1 day prior to your next recurring monthly draft....otherwise you may not remain registered on the Site and may have no access the Site and services upon your cancellation of your monthly draft.  The reason that you may have no access is due to software incompatibility with Merchant Services Software that interfaces with Vandctalent.com, and V&C TALENT, LLC and/or anyone associated with the administration of this website; will in no way be held liable for software that is not directly on V&C TALENT, LLC's servers.  Therefore, it is mandatory that you proceed in cancellation of your membership based on the parameters set forth in this Refund and Return Policy.

We may cancel your subscription at any time without by notifying you if, in our reasonable opinion, you have committed a material breach of the TERMS OF USE.

  1. Mis­cel­la­neous.

This Agree­ment shall be treated as though it were exe­cuted and per­formed in Fulton County, Georgia, and shall be gov­erned by and con­strued in accor­dance with the laws of the State of Georgia (with­out regard to con­flict of law prin­ci­ples). Any cause of action by you with respect to the Site (and/or any infor­ma­tion, Doc­u­ments, prod­ucts or ser­vices related thereto) must be insti­tuted within one (1) year after the cause of action arose or be for­ever waived and barred. All actions shall be sub­ject to the lim­i­ta­tions set forth in Sec­tion 16 and Sec­tion 17. The lan­guage in this Agree­ment shall be inter­preted as to its fair mean­ing and not strictly for or against any party. Any rule of con­struc­tion to the effect that ambi­gu­i­ties are to be resolved against the draft­ing party shall not apply in inter­pret­ing this Agree­ment. This Agree­ment and all incor­po­rated agree­ments and your infor­ma­tion may be auto­mat­i­cally assigned by us in our sole dis­cre­tion to a third party in the event of an acqui­si­tion, sale or merger. If any pro­vi­sion of this agree­ment is held ille­gal, invalid or unen­force­able for any rea­son, that pro­vi­sion shall be enforced to the max­i­mum extent per­mis­si­ble, and the other pro­vi­sions of this Agree­ment shall remain in full force and effect. If any pro­vi­sion of this Agree­ment is held ille­gal, invalid or unen­force­able, it shall be replaced, to the extent pos­si­ble, with a legal, valid, and unen­force­able pro­vi­sion that is sim­i­lar in tenor to the ille­gal, invalid, or unen­force­able pro­vi­sion as is legally pos­si­ble. To the extent that any­thing in or asso­ci­ated with the Site is in con­flict or incon­sis­tent with this Agree­ment, this Agree­ment shall take prece­dence. Our fail­ure to enforce any pro­vi­sion of this Agree­ment shall not be deemed a waiver of such pro­vi­sion nor of the right to enforce such pro­vi­sion. Our rights under this Agree­ment shall sur­vive any ter­mi­na­tion of this Agree­ment. The title, head­ings, and cap­tions of this Agree­ment are pro­vided for con­ve­nience only and shall have no effect on the con­struc­tion of the terms of this agreement.

  1. Arbi­tra­tion.

Any legal con­tro­versy or legal claim aris­ing out of or relat­ing to this Agree­ment or our ser­vices, exclud­ing legal action taken by us relat­ing to Site oper­a­tions and/or intel­lec­tual prop­erty, shall be set­tled solely by con­fi­den­tial bind­ing arbi­tra­tion in accor­dance with the com­mer­cial arbi­tra­tion rules of JAMS applic­a­ble at the time the arbi­tra­tion com­mences. The arbi­tra­tion shall be con­ducted in Fulton County, Georgia. Each party shall bear its own attor­neys’ fees. Each party shall bear one-half of the arbi­tra­tion fees and costs incurred through JAMS.

  1. Ter­mi­na­tion.

You agree that V&C TALENT, LLC, in its sole dis­cre­tion, may ter­mi­nate your mem­ber­ship, and remove and dis­card any con­tent that you have posted on the Site, for any rea­son, includ­ing, with­out lim­i­ta­tion, for lack of use or if V&C TALENT, LLC, in its sole opin­ion, believes that you have vio­lated or acted incon­sis­tently with the let­ter or spirit of this Agree­ment or that you are a repeat infringer of intel­lec­tual prop­erty rights. You agree that any ter­mi­na­tion of your access to the Site under any pro­vi­sion of this Agree­ment may be effected with­out prior notice, and acknowl­edge and agree that V&C TALENT, LLC may imme­di­ately deac­ti­vate or delete your account and all related infor­ma­tion and files in your account and/or bard any fur­ther access to such files or the Site. Fur­ther, you agree that V&C TALENT, LLC shall not be liable to you or any third-party for any ter­mi­na­tion of your access to the Site.