Disclaimer
This site (the “Site”) is an online information service, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site.
We may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the updated version on the Site. You agree to review this agreement periodically to stay informed of any changes. Continued use of the Site constitutes your acceptance of any modifications.
Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The copyrights and trademarks are owned by the Site, its affiliates, or other third-party licensors.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any material from the Site, including text, graphics, code, and/or software. You may print or download portions of material for your own non-commercial use, provided you do not remove any copyright or proprietary notices.
By submitting content to any public areas of the Site or via email, you grant a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, distribute, transmit, create derivative works from, and publicly display such materials. You also grant the right to use your name in connection with such content.
You agree that you have no recourse against the Site for any alleged or actual infringement or misappropriation of any proprietary rights in your communications.
Trademarks
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Vigorus. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Use of the Site
This agreement shall be governed and interpreted in accordance with the laws of the United States. Any legal disputes shall be resolved in a court of competent jurisdiction within the United States.
Any claim must be filed within one (1) year from the date it arises, or it will be permanently barred.
Failure to enforce any provision of this agreement shall not be considered a waiver of any rights. We may assign our rights and obligations under this agreement at any time without notice.
LIMITATION OF LIABILITY
IN NO EVENT WILL Vigorus BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Vigorus OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Vigorus LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold harmless Vigorus, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of Vigorus and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Site), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Group Elevate and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Vigorus failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Group Elevate may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.