VerSprite Terms and Conditions
Please read the following Terms and Conditions closely before using our services.
If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE OR OUR SERVICES.
Acceptance of the Terms and Conditions:
These Terms and Conditions are entered into by and between You (hereafter “you,” “the client,” “your”) and VerSprite (hereafter “we,” “our,” “us,” the “company”). The following Terms and Conditions together with our Privacy Notice (collectively these “Terms and Conditions” or “Terms”), govern your access to and use of www.VerSprite.com (hereafter “the Website,” “site,” or “domain”) including any content, functionality and services offered on or through the Website.
Please read the Terms and Conditions carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Notice, found at VerSprite.com/privacy-notice, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Notice, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with VerSprite and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by VerSprite, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposesl persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by VerSprite. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
VerSprite’s name, the VerSprite logo and all related names, logos, product and service names, designs and slogans are trademarks of VerSprite or its affiliates or licensors. You must not use such marks without the prior written permission of VerSprite. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You agree not to use the Website (a) in violation of any provision of the Terms, (b) in any way that violates any applicable federal, state, local or international law or regulation, (c) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including, but not limited to, any junk mail, chain letter or spam or any other similar solicitation, (d) to impersonate or attempt to impersonate us, our employees, another user or any other person or entity, (e) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability, or (f) in any manner that could disable, overburden, damage, or impair the Website.
You may not (i) attempt to gain unauthorized access to the Website, or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means, (ii) use any device, software or routine that interferes with the proper working of the Website, (iii) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, (iv) attack the Website via a denial-of-service attack or a distributed denial-of-service attack, (v) use bots, spiders or other automatic device, process or means for any purpose other than accessing publicly posted portions of the Website and then only in accordance with the Terms, or (vi) otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by VerSprite, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of VerSprite. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
This Website may contain links to other third-party resources on the Internet. These sites are not controlled by VerSprite and VerSprite is not responsible for any content contained on or privacy practices employed by any such website. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that VerSprite sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected therein. We are not responsible for the information contained on that website or your use of or inability to use that website. You use these links at your own risk, and should apply a suitable level of caution and discretion in doing so. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such links. Links do not imply that any linked website is authorized to use any of our intellectual property. If you choose to connect to a third-party website, we make no warranties, either express or implied, concerning the content of such website, including, but not limited to, the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such website or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such website or content is devoid of viruses or other contamination. You should also be aware that the Terms and Conditions of such website and such website’s Privacy Notice may be different from those applicable to your use of the Website.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
THE INFORMATION, PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
WE AND OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE AGENTS AND LICENSORS, EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR CONDITIONS WITH RESPECT TO THE WEBSITE, INCLUDING ITS CONTENT, AND ANY PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SECURITY, SAFETY, TITLE, LEGALITY OR NON-INFRINGEMENT, (B) OF ERROR-FREE OR UNINTERRUPTED USE OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE AND THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WITH REGARD TO ANY DELAY OR LOSS OF OR LIMIT ON ACCESS TO OR USE OF THE WEBSITE, (C) THAT THE INFORMATION ON THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS, (D) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, (E) THAT THE CONTENT OR OTHER INFORMATION ON THE WEBSITE IS TIMELY, CURRENT, ACCURATE, COMPLETE, RELEVANT OR RELIABLE, (F) RELATING TO SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE WEBSITE, AND (G) REGARDING THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, INCLUDING ITS CONTENT, OR PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE.
WE SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY ANY VIRUS OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY DUE TO YOUR USE OF THE WEBSITE OR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA. EXCEPT AS OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR INTERNET ACCESS PROVIDER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitations of Liability; Release; Limitations Period
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE HAVE ANY RESPONSIBILITY OF ANY KIND OR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE WEBSITE, INCLUDING, WITHOUT LIMITATION (A) YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY RELIANCE BY YOU ON THE WEBSITE, OR INABILITY TO ACCESS THE WEBSITE, (B) ANY INFORMATION PROVIDED THROUGH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, (C) ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE, (D) ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION OR ANY PART OF THE WEBSITE, OR (E) THE INTERCEPTION OR USE BY THIRD PARTIES OF ANY INFORMATION YOU PROVIDE TO US.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES OF ANY KIND WHATSOEVER (WHETHER DIRECT, INDIRECT, GENERAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DATA, REVENUE, BUSINESS OR SAVINGS OR OTHER ECONOMIC HARM YOU MAY INCUR OR SUFFER); WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
IN ANY EVENT OUR LIABILITY (COLLECTIVELY WITH THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND LICENSORS) TO YOU FOR ANY REASON (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) IN NO EVENT CUMULATIVELY SHALL TOTAL $1,000.00 (ONE THOUSAND DOLLARS). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO YOUR ACCESS TO OR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You hereby indemnify and hold harmless VerSprite and its respective directors, officers, employees, affiliates, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, judgments, awards, losses, liabilities, damages, fees, costs and expenses (including, but not limited to, attorney’s and experts’ fees and costs) arising out of or related to (a) any breach by you of any part of the Terms, (b) any access to or use of the Website by you in violation of any rights of ours or any third party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (c) any access to or use of the Website by you in violation of any applicable law, rule or regulation, (d) any unauthorized access to the Website or computer systems or networks connected to the Website, or (e) any other use or access by you (or on your behalf) of the Website. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule whether of the State of Georgia or any other jurisdiction.
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in the City of Atlanta and County of Fulton, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by VerSprite of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VerSprite to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
These Terms and Conditions and VerSprite’s Privacy Notice constitute the sole and entire agreement between you and VerSprite with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
No waiver, modification or amendment of any of the Terms shall be effective against us unless it is in writing and signed by one of our authorized officials. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of the Terms or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under the Terms. We do not waive any power or right under the Terms even if we do not insist on strict compliance with any of the Terms, or if we delay or fail to exercise any power or right given to us in the Terms.
All rights and remedies given to us in the Terms are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity. The Terms shall be binding upon you and your executors, heirs, successors and assigns. The Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may assign the Terms or any of its rights or obligations to any other party. The section titles in the Terms are for convenience only and have no legal or contractual effect. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.
If for any reason a court of competent jurisdiction finds any provision of the Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. A printed version of the Terms shall be admissible in judicial or administrative proceedings.
If you have any questions, complaints or claims with respect to the Website, please contact us at [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
The communications between you and us use electronic means, whether you visit the Website or send us emails, or whether we post notices on the Website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your statutory non-waivable rights.