1. ACCESS TO THE WEBSITE.
To access the Website, 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 will be correct, current, and complete. If Vertical Fox believes the information you provide is not correct, current, or complete, Vertical Fox has the right to deny access to the Website, and to terminate or suspend your access at any time.
When you access certain portions of the Website, you may be asked to choose a password. You agree that you will not share, transfer or assign your right to access and use the Website to any third party and further agree to make every commercially reasonable effort to prevent unauthorized third parties from accessing the Website, including, without limitation, protecting your passwords and other log-in information. You agree to notify Vertical Fox immediately of any unauthorized use of your account, user name or password. Vertical Fox shall not be liable for any losses you incur as a result of someone else’s use of your account or password.
2. USE OF THE WEBSITE.
3. NO UNLAWFUL ACCESS.
You agree that you will not use the Website in any manner that could in any way disable, overburden, damage, or impair the Website or otherwise interfere with any other party’s use of the Website. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Website.
4. PROPRIETARY INFORMATION.
Vertical Fox retains all ownership and intellectual property rights to the Website and any related software, content, codes, sequences, interfaces, graphics, logos, documentation, data, features, tools, products, charts, trade names, patents, copyrights, trademarks or other materials, information or website (collectively, the “Intellectual Property”). The Intellectual Property contains proprietary information protected by law. Except for the right to use the Website as expressly provided herein, you are not granted any rights to, or in, the Intellectual Property.
This Website may be hyperlinked to and by other websites which are not maintained by, or related to, Vertical Fox. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with the Website or Vertical Fox. Vertical Fox has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from the Website to another web page should be accessed at your own risk. Vertical Fox makes no representations or warranties about the content, completeness, quality or accuracy of any such website.
6. COPYRIGHT INFRINGEMENT.
If you believe that that the Website infringes your copyright, please provide Vertical Fox’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Vertical Fox that your copyrighted material has been infringed.
Please include the following:
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where on the Website the material that you claim is infringing is located, including the current website address.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law.
- 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.
- Your electronic or physical signature.
Vertical Fox’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Vertical Fox LLC
Attn: Copyright Agent
145 East Main Street
Huntington, New York 11743
phone: (516) 710-7676
7. RESTRICTIONS ON USE OF THE WEBSITE.
You agree not to use the Website, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may: (i) menace or harass any person or cause damage or injury to any person or property; (ii) involve the publication of any material that is false, defamatory, harassing or obscene; (iii) violate privacy rights or promote bigotry, racism, hatred or harm; (iv) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (v) constitute an infringement of intellectual property or other proprietary rights; or (vi) otherwise violate applicable laws, ordinances or regulations. Vertical Fox reserves the right to remove or disable access to the Website for a violation of the foregoing restrictions. Vertical Fox shall have no liability to you in the event that Vertical Fox takes such action. You agree to defend and indemnify Vertical Fox against any claim arising out of a violation of your obligations under this section.
8. RIGHT TO TERMINATE ACCESS.
Vertical Fox reserves the right to terminate your access to the Website at any time for any reason or for no reason and without notice.
9. DISCLOSURE UNDER LAW.
Vertical Fox reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Vertical Fox shall use commercially reasonable efforts to make the Website available on a 24×7 basis (twenty-four hours per day, seven days per week), except for: (i) scheduled system back-up or other on-going maintenance as required by Vertical Fox; or (ii) for any unforeseen cause beyond Vertical Fox’s reasonable control, including but not limited to, internet service provider or communications network failures, denial of service attacks or similar attacks, or any force majure events.
11. DISCLAIMER & LIMITATIONS ON LIABILITY.
VERTICAL FOX DOES NOT GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT VERTICAL FOX WILL CORRECT ALL SERVICE ERRORS. YOU ACKNOWLEDGE THAT VERTICAL FOX DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. VERTICAL FOX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE WEBSITE IS PROVIDED “AS IS”. TO THE EXTENT NOT PROHIBITED BY LAW, VERTICAL FOX MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND VERTICAL FOX SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
VERTICAL FOX WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF VERTICAL FOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VERTICAL FOX TO YOU, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE AMOUNT YOU HAVE PAID TO VERTICAL FOX FOR USE OF THE WEBSITE.
Although Vertical Fox attempts to ensure the integrity and accurateness of the content found within the Website (the “Content”), it makes no guarantees whatsoever as to the correctness or accuracy of such Content. It is possible that the Content could include inaccuracies or errors.
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