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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING SOFTWARE ON THIS SITE.
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1.
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This website and database (collectively, "Subscriber's Database") is operated by V2R, LLC ("V2R"). These Terms and Conditions of Use ("Terms") govern your use of Subscriber's Database. These terms are subject to a Master Subscription Agreement between the Subscriber to V2R's services and V2R.
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2.
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You represent and warrant that you are an employee or contractor of the Subscriber. You warrant that you have been authorized to access and have been granted an access code (including any user identification and password) by a party authorized by Subscriber to grant you such privileges. You will enter Subscriber's Database only through such access code. You will be responsible for maintaining your access code. You agree that you are responsible and liable for anyone that uses your access code. If someone uses your access code and breaches the Terms, you will be liable for that breach as if you were the person who engaged in the conduct constituting the violation.
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3.
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You agree to abide by these Terms for the express benefit of Subscriber and V2R. You will be responsible for reviewing these Terms periodically in the event that they are modified.
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4.
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The contents of Subscriber's Database are protected by copyright and/or other laws in both the United States and elsewhere.
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5.
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V2R grants you a limited, revocable, non-exclusive license to access Subscriber's Database and, while accessing Subscriber's Database, to view its contents solely for Subscriber's internal business purposes and for no other purpose. You are also granted a limited non-exclusive license to print a copy of any portion of the contents of Subscriber's Database for Subscriber's internal business and no other purpose. You agree that you may not maintain more than one copy of any portion of the contents of this Subscriber's Database at any given time
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6.
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Except as permitted under the Terms or where a prohibition is contrary to applicable law, copying, storing, displaying, reproducing, distributing, selling, licensing, sublicensing, publishing or creating derivative works of Subscriber's Database is expressly prohibited without the prior written permission from V2R or the copyright holder identified in the individual contents copyright notice. Without limiting the generality of the foregoing, you also agree not to use any robot, spider or other automated device to monitor or copy the contents of Subscriber's Database. Also without limiting the generality of the foregoing, nothing on Subscriber's Database may be reverse-engineered, disassembled, decompiled, or retransmitted in any way through any medium or otherwise translated into any language or computer language.
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7.
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YOUR USE OF SUBSCRIBER'S DATABASE IS AT YOUR OWN RISK. V2R DOES NOT REPRESENT OR ENDORSE TO YOU THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ANY STATEMENT DISPLAYED OR DISTRIBUTED THROUGH SUBSCRIBER'S DATABASE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH INFORMATION OR STATEMENT SHALL BE AT YOUR SOLE RISK. SUBSCRIBER'S DATABASE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. V2R AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. V2R AND ITS SUPPLIERS MAKE NO WARRANTIES TO YOU ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENTS OF SUBSCRIBER'S DATABASE, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS OR ABOUT OR FOR THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH SUBSCRIBER'S DATABASE, FOR ANY PRODUCTS OR SERVICES OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.
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8.
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V2R DOES NOT WARRANT TO YOU THAT SUBSCRIBER'S DATABASE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT SUBSCRIBER'S DATABASE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. IF YOUR USE OF SUBSCRIBER'S DATABASE OR ITS CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, V2R IS NOT RESPONSIBLE FOR THOSE COSTS.
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9.
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UNDER NO CIRCUMSTANCES, SHALL V2R AND/OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, SAVINGS, OR ECONOMIC, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM THE YOUR USE OR INABILITY TO USE SUBSCRIBER'S DATABASE OR ITS CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT V2R IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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10.
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V2R HAS NO RESPONSIBILITY FOR SUCH CONTENT AND IS MERELY PROVIDING ACCESS TO SUCH CONTENT AS A SERVICE TO SUBSCRIBER OR YOU. V2R MAKES NO CLAIMS THAT THE CONTENTS OF SUBSCRIBER'S DATABASE ARE APPROPRIATE FOR ANY PARTICULAR PURPOSE OR AUDIENCE, OR THAT THEY MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE CONTENTS (INCLUDING SOFTWARE) MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS SUBSCRIBER'S DATABASE FROM OUTSIDE OF THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.
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11.
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V2R IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY SITES AND/OR DATABASES AND DOES NOT ENDORSE, SUPPORT, OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OR ACCURACY OF MATERIALS ON SUCH THIRD-PARTY WEB SITES AND/OR DATABASES. IF YOU DECIDE TO ACCESS LINKED THIRD-PARTY WEBSITES AND/OR DATABASES, YOU DO SO AT YOUR OWN RISK.
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12.
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You agree that you will not, directly or indirectly (by, for example, assisting someone else), publish, post, disseminate, transmit or store, any material that (a) violates anyone's intellectual property rights (including trademarks, copyrights, patents, trade secrets, publicity rights, or (to the extent protectable) confidential ideas); (b) violates U.S. law (c) contains content that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent or otherwise objectionable; (d) contains viruses, corrupted files or other contaminants that may damage the operation of another device; (e) advertises or offers to sell any goods or services for any commercial purpose; (f) constitutes or contains surveys, contests, pyramid schemes or chain letters; (g) misrepresents the identity of another person or entity, or falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted; (h) contains or constitutes spam, a mass unsolicited email message or unsolicited advertising; or (i) restricts or inhibits any other user from using and enjoying Subscriber's Database.
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13.
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It is V2R's policy, in appropriate cases, to restrict access to or availability of material that V2R considers within the scope of paragraph 12(a)-(i) above. It is also the policy of V2R to terminate, in appropriate circumstances, the access rights of repeat copyright infringers. Pursuant to the Digital Millennium Copyright Act, V2R is designating (below) an agent to receive notice for claimed copyright violations. You may contact V2R's designated copyright agent if you believe that a work protected by a U.S. copyright, which you own has been posted or stored on our site without authorization. You may contact this same person if you believe that any communication otherwise infringes or violates your rights or the rights of any other person. V2R's agent for notice of claims of copyright infringement can be contacted as follows:
By mail:
Steve Szorc
V2R, LLC
251 Edwards Ave.
Carpentersville, IL 60110
By phone:
(847) 551-9600
By email:
sszorc@vision2reality.com
Please be advised that the provisions of this paragraph 13 are intended to give notice of V2R's policies, but are not intended to impose a contractual obligation on V2R to undertake, or refrain from undertaking, any particular course of conduct. Furthermore, V2R has no obligation to monitor the display and communication of content posted by third parties. Without limiting V2R's rights with respect to any content on Subscriber's Database, You expressly agree that V2R may remove, disable or restrict access to or the availability of any content (including any material you have posted and/or stored) which V2R believes, in good faith and in V2R's sole discretion, to violate the Agreement (whether or not V2R is in fact correct in its assessment).
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14.
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You agree that you will not, directly or indirectly (by, for example, assisting someone else), publish, post, disseminate, transmit or store, any material that (a) violates anyone's intellectual property rights (including trademarks, copyrights, patents, trade secrets, publicity rights, or (to the extent protectable) confidential ideas); (b) violates U.S. law (c) contains content that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent or otherwise objectionable; (d) contains viruses, corrupted files or other contaminants that may damage the operation of another device; (e) advertises or offers to sell any goods or services for any commercial purpose; (f) constitutes or contains surveys, contests, pyramid schemes or chain letters; (g) misrepresents the identity of another person or entity, or falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted; (h) contains or constitutes spam, a mass unsolicited email message or unsolicited advertising; or (i) restricts or inhibits any other user from using and enjoying Subscriber's Database.
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15.
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You agree to defend, indemnify, and hold harmless V2R, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Subscriber's Database or your breach of the terms of the Terms. V2R shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your request and expense, in defending any such claim, suit or proceeding. V2R and all indemnified parties reserve the right, at their own expense, to participate in the defense or settlement or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any such matter without the written consent of the party or being indemnified.
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16.
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All disputes with V2R arising out of or relating to your use of the Subscriber's Database or otherwise relating to the Terms shall be resolved by binding arbitration in Chicago, Illinois, pursuant to the rules of the American Arbitration Association. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of Illinois, without reference to such state's conflict of laws provisions. You agree that V2R shall be entitled to obtain preliminary injunctive relief to enforce any of the provisions of the Terms pending a final determination in arbitration. To the extent that the Terms permit a party to bring an action in a court of competent jurisdiction, the parties agree to submit irrevocably to the state and federal courts located in the State of Illinois, and that such courts shall be the venue of choice in any such proceedings permitted under this paragraph.
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17.
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If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
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18.
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No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term.
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19.
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V2R may assign its rights and duties under the Terms to any party at any time without notice to you. Your rights and duties under the Terms are not assignable by you without consent of V2R.
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20.
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V2R may terminate your use or rights to access to any or all portions of the Subscriber's Database if you breach any portion of the Terms. Paragraphs 3, 5-19, and any section which by its terms and nature are meant to survive termination of this agreement, shall survive its termination.
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The V2R logo, trademarks, service marks and trade and service names are proprietary to V2R, LLC.
LAST UPDATED: 04/15/2008
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