TERMS OF USE

By visiting the www.VENTUREINDEPENDENT.com website and domain name, or otherwise accessing any other linked pages, features, content, products or application services offered from time to time by VENTURE INDEPENDENT, LLC in connection therewith (collectively, the Site), you acknowledge and accept the practices and policies outlined in this Terms of Use Statement. 

The purpose of this Site is to communicate and offer goods and services.

 

ACCEPTANCE OF TERMS

The following terms and conditions govern all use of the Site and the products or services available at the Site (taken together, the Service). The Service is owned and operated by VENTURE INDEPENDENT, LLC (“VI”). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by VI (collectively, the Terms of Use).


CHANGES TO TERMS

VI reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

 

MODIFICATIONS TO THE SERVICE AND PRICES

VI reserves the right, at its sole discretion, to modify, replace or discontinue the products, services, or any part or Content thereof, without notice at any time. VI reserves the right, but are not obligated, to limit the sales or quantities of our products or Services to any person, geographic region or jurisdiction. Content includes, but is not limited to text, communications, software, images, sounds, video, data or other information, in whole, in combination, or in part.

 

FEES; PAYMENT; RETURN POLICY

Certain products and services (“Purchases”) offered by (or on behalf of) VI through the Site will require payment by you. You shall pay all applicable fees, as described on the Site, in connection with the Purchases selected by you. All fees are in U.S. dollars unless stated otherwise by VI on the Site. All fees are payable upon demand using credit card or bank transfer authorized through third-party payment processing service. VI reserves the right to change its third-party payment processing service at any time. VI reserves the right to change its prices (and to institute new charges) for the Purchases at any time. Transactions by you following the posting of such changes on the Site constitutes your acceptance of any new or increased charges. Any transaction of services initiated in any form of communication is subject to theses terms and conditions, including any terms and conditions provided for specific transactions.

Transactions are non-refundable, unless otherwise authorized in writing by VI. Products and services offered and purchased through the Site are final sale and cannot be returned. 


RULES AND CONDUCT

The Service (including without limitation, any Content, documents or other information made available via the Service) is provided only for your own information purposes or for client purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.


As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by VI. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any Content (including but not limited to text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:


Unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Use; Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); Imposes an unreasonable or disproportionately large load on VI's computing, storage or communications infrastructure or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise; Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment, or to damage or obtain unauthorized access to any system, data or other information of VI or any third party; or Harvests or collects any information from the Site; or impersonates any person or entity, including any employee or representative of VI.

 VI may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.

 

THIRD PARTY SITES

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under VI's control, and you acknowledge that VI is not responsible for the accuracy, legality, appropriateness or any other aspect of the Content or function of such websites. The inclusion of any such link does not imply endorsement by VI or any association with its operators. Certain services made available via VI are delivered by third party sites and organizations. By using any product, service or functionality originating from the VI domain, you hereby acknowledge and consent that VI may share such information and data with any third party with whom VI has a contractual relationship to provide the requested product, service or functionality on behalf of VI users and customers.

 

PROPRIETARY RIGHTS

You agree that all content and materials delivered via the Service or otherwise made available by VI at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by VI in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from VI is prohibited.

Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of VI. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

 

INTERNATIONAL USE

VI makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Site or Service from other locations, you do so at your own initiative and are responsible for compliance with local laws, restrictions or regulations. You agree that you will not use any of VI's Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

DISPUTE RESOLUTION

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and VI agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Virginia, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in Virginia, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

 

INTEGRATION AND SEVERABILITY

These Terms of Use are the entire agreement between you and VI with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and VI with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. Any specific terms and conditions communicated in any form with regard to any transactions may also apply.

 

MISCELLANEOUS

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with VI's prior written consent. VI may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.


COPYRIGHT AND TRADEMARK NOTICES

Unless otherwise indicated, these Terms of Use and all Content provided by VENTURE INDEPENDENT, LLC are copyright © 2016 VENTURE INDEPENDENT, LLC. All rights reserved.

“VENTURE INDEPENDENT" (also referred to as “VI”) as well as page headers, custom graphics, buttons, images and other Content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by VENTURE INDEPENDENT, LLC or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to VI that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All Content, included as part of the Service, such as text, graphics, logos, images, sounds, video, as well as the compilation thereof, and any software used on the Site, is the property of VI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole, combination or in part, found on the Site or produced by VI in any format. VI Content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your personal use, and will make no other use of the Content without the express written permission of VI and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of VI or our licensors except as expressly authorized by these Terms.


LIMITATION OF LIABILITY

In no event shall VENTURE INDEPENDENT, nor its directors, employees, agents, contractors, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the service (including, without limitation, with respect to any content, services or products available through the Site or Service) for any: (i) direct, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, whether or not foreseeable, (ii) the cost of procurement and/or replacement of substitute goods or services, (iii) privacy or security (regardless of the source of origination), or (iv) direct damages (in the case of claims related to products or services you purchased from VENTURE INDEPENDENT, such amount shall be the purchase price). Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless VENTURE INDEPENDENT, its officers, directors, employees, contractors, affiliates, agents and third parties from any losses, claims, damages, liabilities and expenses, including without limitation reasonable attorneys’ fees, relating to or resulting, whether directly or indirectly, from you violation of the Terms, out of your use of, misuse of, or inability to use the Site or services.

 You also agree to indemnify and hold harmless VI from and against any and all claims brought by third parties arising out of your use of any of the Site or Services and the Content you make available via any of the Site or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.


TERMINATION

VI reserve the right, in its sole discretion, to terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service.

 

For questions or comments regarding the Terms, contact us at info@ventureindependent.com.