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Currently have 1 comments: 6sensetech says:. Leave a Reply Click here to cancel reply. Post a Comment. My profile. Any want to says. Categories Crypt 1 Visual Basic 1. Mini Updates. You will not sell, resell, distribute, loan, lease, otherwise transfer, copy, delete, record, translate, publish, upload, transmit, export, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software underlying the Service or any content that you may have access to through the Service.
You will not alter, disable or circumvent any digital rights management security features that VisualNet may utilize as part of the Service. Disclaimer of Warranties. Users and Vendors share the responsibility for making sure Transactions are exciting, rewarding and hassle-free. We strongly encourage Users and Vendors to work together to resolve any disputes. However, in the event there is a dispute between you as either a User or as a Vendor, as applicable, you release us and our officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Third Party Indemnity. In addition to your indemnification obligations in any other applicable term, you agree to indemnify, defend and hold VisualNet harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of VisualNet Service, your breach of these Terms of Service, your violation of any laws or regulations.
Electronic Notices. Receipt of any such notice is the day that the notice is sent or posted by VisualNet. You will provide notice to VisualNet at the following address: helpdesk visualnet. Suggested directory results. The Service. Member Content and Other Content.
Fees and Payments. Term and Termination. Limitation of Liability. Dispute Resolution. Negotiate Disputes. The Parties will seek to resolve any issue, dispute, or controversy arising out of or relating to this Agreement using the procedures in this Section. Any Party will give the other Party notice of any dispute not resolved in the normal course of business. Within ten 10 calendar days after delivery of the notice, representatives of both Parties may meet, telephonically or in person, at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute by the respective representatives of both Parties.
All negotiations pursuant to this Section are confidential and will be treated as compromise and settlement negotiations for purposes of evidentiary rules. Binding Arbitration. Any dispute arising out of or relating to this Agreement which is not resolved by the Parties will be resolved by final and binding arbitration conducted in Los Angeles County, California under the then current Commercial Dispute Resolution of the American Arbitration Association "AAA" ; provided however, either Party retains the right to apply to any court of competent jurisdiction worldwide to protect and enforce its intellectual property and other rights.
The arbitration will be conducted by one arbitrator who is knowledgeable in the subject matter which is at issue in the dispute and who is selected by mutual agreement of the Parties or, failing such agreement, will be selected according to the AAA rules. The arbitrator will be able to decree any and all relief of an equitable nature, including but not limited to such relief as a temporary restraining order, a preliminary injunction, a permanent injunction, or replevin of property.
The arbitrator will be able to award damages only if consistent with the terms of this Agreement. The Parties will share equally the arbitrator's fees and expenses only. The decision of the arbitrator will be final and may be sued on or enforced by the Party in whose favor it runs in any court of competent jurisdiction at the option of such Party. The Parties will have such discovery rights as the arbitrator may allow.
Governing Law; Remedies; Enforcement. This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. All rights and remedies of the Parties, under this Agreement, in law or at equity, are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be an election of that remedy to the exclusion of other remedies. The provisions of Section For any action arising from or related to this Agreement for which arbitration is not required, each P arty expressly consents to the personal jurisdiction of the state and federal courts located in Los Angeles County, California, United States of America.
You acknowledge that your breach of the licenses and license restrictions contained herein may cause irreparable harm to VisualNet , the extent of which would be difficult to ascertain. You accordingly agree that, in addition to any other remedies to which VisualNet may be legally entitled, it will have the right to seek immediate injunctive relief in the event of a breach of such sections by you. Confidential Information.
Confidential Information and Nondisclosure. Confidential Information includes all information in tangible or intangible form that is marked or designated as confidential by the Disclosing Party or that, under the circumstances of its disclosure, should be considered confidential.
Each Party will take reasonable precautions to protect the confidentiality of the Confidential Information of the Disclosing Party that are at least as stringent as it takes to protect its own Confidential Information.
If a Receiving P arty becomes legally compelled to disclose Confidential Information of the Disclosing Party pursuant to court order, judicial process, or as otherwise required by law, then, if permitted to do so, it will immediately notify the D isclosing P arty of such request and will cooperate with it in its efforts to protect the Confidential Information from disclosure or disclosing it in a confidential manner.
Information will not be deemed Confidential Information under this Agreement if it a was known by the Receiving Party without obligation of confidentiality prior to disclosure thereof by the D isclosing P arty; b is in or entered the public domain through no fault of the Receiving Party; c is disclosed to the Receiving Party by a third-party legally entitled to make the disclosure without violation of any obligation of confidentiality; or d is independently developed by the Receiving P arty without reference to any Confidential Information of the Disclosing Party.
Nothing in this Agreement will be construed as creating a partnership or joint venture or partnership of any kind between the Parties and neither Party will have the authority or power to bind the other Party or to contract in the name of or create a liability against the other Party in any way or for any purpose. Except as expressly set forth or referred to in this Agreement, nothing in this Agreement is intended or will be construed to confer upon or give to any entity other than the Parties to this Agreement, their successors and permitted assigns, if any, any rights or remedies under or by reason of this Agreement.
You may not assign or delegate any rights or obligations under these Terms of Service and any purported assignment and delegation will be ineffective.
VisualNet may assign this Agreement, in whole or in part, without your prior written consent of the other Party. Force Majeure. The time for any performance required hereunder will be extended by the delay incurred as a result of such Force Majeure Event. Entire Agreement. This Agreement constitutes the entire agreement with respect to the subject matter between the Parties as of the Effective Date.
This Agreement cancels and supersedes any and all prior proposals oral or written , understandings, representations, conditions, warranties, covenants and other communications between the Parties, which relate to the subject matter of this Agreement. This Agreement may not be amended or supplemented except as provided herein or pursuant to a written instrument signed by both Parties.
A Party's waiver of any breach of this Agreement by the other Party will not constitute a waiver of any rights or any subsequent breach of the same or different provision hereof.
To be enforceable, a waiver must be in writing signed by a duly authorized representative of the waiving Party.
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