TERMS OF USE
Please read the following terms and conditions carefully before using this site
("Site"). By using this Site, you agree to follow and be bound by the following
terms and conditions concerning your use of the Site ("Terms of Use") and our
Privacy Statement. We may revise the Terms of Use at any time without notice to you. You
may not access or use the Site should you not want to be bound by these Terms of Use. The
Terms of Use may be modified at any time, and any such modification shall be effective
immediately upon posting of the modification. By your access and use of the Site you agree
to periodically review the Terms of Use and shall be conclusively bound by any such future
modifications.
Areas of the Site may have different Terms of Use posted.
If there is a conflict between these Terms of Use and terms of use posted for a specific
area of the Site, the latter shall have precedence with respect to your use of that area
of the Site.
PRIVACY
Please review our Privacy Statement, which also governs your visit to the Site.
COPYRIGHT
Copyright 1996-2008 Vert Markets, Inc. All rights reserved.
All content included on this site, including, but not
limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data
compilations, software, html code, xml code, and icons, is property of Vert Markets, Inc. and
is licensed to Vert Markets LLC for use (collectively, "Vert Markets") and
protected by United States and international copyright laws. The compilation of all
content on this Site is the exclusive property of Vert Markets and protected by U.S. and
international copyright laws. All software used on this Site is the property of
Vert Markets or its software suppliers and protected by United States and international
copyright laws. Unless stated otherwise in the Terms of Use applicable to this Site, use
of any material appearing on this Site is prohibited without the prior written consent of
Vert Markets. All inquiries regarding usage requests should be directed to intellectualproperty@vertmarkets.com.
LICENSES AND CONTENT SUBMISSIONS
Vert Markets hereby grants you a limited, non-exclusive, non-transferable license to
download, view, copy and print documents and graphics incorporated in these documents (the
"Documents") from the Site subject to the following conditions: (1) the
Documents may be used solely for personal, informational, and non-commercial purposes; and
(2) the Documents may not be modified or altered in any way. Except to the extent
permitted under copyright law, you may not otherwise use, download, upload, copy, print,
display, perform, post, reproduce, publish, license, transmit or distribute any
information from this Site in whole or in part without the prior written consent of
Vert Markets or any third party that provides information to the Site.
Visitors to the Site may post or transmit reviews,
comments, communications, suggestions, questions, ideas, or other information or content
(collectively, "Communications") subject to the "Prohibited Acts"
described further below.
If you do post or transmit Communications, and unless
Vert Markets indicates otherwise, you grant Vert Markets and its affiliates a nonexclusive,
royalty-free, worldwide, irrevocable, perpetual, and fully sublicensable right to use,
reproduce, adapt, adopt, modify, translate, publish, distribute, and display such
Communications throughout the world in any media. You also grant Vert Markets and its
affiliates and sublicensees the right to use the name that you submit in connection with
such Communications as well as in connection with any and all advertising, marketing and
promotional material related thereto. You further represent and warrant that you own or
otherwise control all of the rights to the Communications that you post; that the content
of the Communications is accurate; that the content of the Communications is not
scandalous or libelous; that use of the Communications you supply does not violate these
Terms of Use and will not cause injury to any person or entity. You further agree to
indemnify Vert Markets and its affiliates and sublicensees for all claims resulting from
the Communications you supply. You further agree and acknowledge that you shall have no
recourse against Vert Markets for any alleged or actual infringement of any proprietary
right in your Communications to us.
Vert Markets has the right (but not the obligation) to
monitor and edit or remove any activity or content on the Site. Vert Markets takes no
responsibility and assumes no liability for any Communications posted by you or any third
party.
COPYRIGHT COMPLAINTS
Vert Markets may, in appropriate circumstances and at its sole discretion, terminate
use of the Site by any visitors who infringe on the intellectual property rights of
others.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Vert Markets's Copyright Agent the
following information:
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has
been infringed;
- a description of where the material that you claim is
infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent or the law; and
- 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.
Vert Markets's Copyright Agent for Notice of claims of
copyright infringement can be reached as follows:
By Mail:
Art Glenn
VertMarkets
101 Gilbraltar Road, Suite 100
Horsham, PA 19044
By Phone: (215) 675-1800
By Fax:
(215) 675-4880
By email: intellectualproperty@vertmarkets.com
TRADEMARKS
"Vert Markets," the Vert Markets logo and other marks indicated on the Site
are registered trademarks or trademarks of Vert Markets in the United States and worldwide.
Other Vert Markets graphics, logos, page headers and service names are trademarks or trade
dress of Vert Markets. Vert Markets's trademarks and trade dress may not be used in
connection with any product or service that is not Vert Markets's, in any manner that is
likely to cause confusion among customers, or in any manner that disparages or discredits
Vert Markets. Unless otherwise noted on the Site, all other trademarks, service marks and
logos used in this Site are the trademarks, service marks or logos of their respective
owners.
PASSWORDS AND SECURITY
You are solely responsible for maintaining the secrecy
of your passwords and/or any account information in connection with the Site, and for
restricting access to your computer. You are fully responsible for all activities that
occur under your account or password, and you agree to notify Vert Markets immediately of
any unauthorized use of your passwords or accounts.
PROHIBITED ACTS, MONITORING OF CONTENT AND TERMINATION
The Site may contain e-mail services, bulletin board
services, chat areas, news groups, forums, alerts, communities, calendars, file cabinets
and/or other message or communication facilities designed to enable you to communicate
with others (collectively, "Communication Services"). You agree to use the Site
and Communication Services only to post, send and receive messages and material that are
proper and, when applicable, related to the Site or particular Communication Service. By
way of example, and not as a limitation, you agree that when using the Site or
Communication Services you will not:
- upload, post, email, transmit or otherwise make available
any content that is unlawful, abusive, vulgar, harmful, threatening, harassing, tortious,
defamatory, obscene, libelous, invasive of another's privacy, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including but not limited
to a Vert Markets official or Vert Markets managing editor, or otherwise misrepresent your
affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order
to disguise the origin of any content transmitted through the Site or Communication
Services;
- upload, post, email, transmit or otherwise make available
any content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
- upload, post, email, transmit or otherwise make available
any content that infringes any patent, trademark, trade secret, image or program,
copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, charity requests, petitions for signatures,
promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas that
are designated for such purpose;
- upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
- interfere with or disrupt the Site or Communication Services
or servers or networks connected to the Site or Communication Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the Site or
Communication Services;
- intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- interfere in any way with other users of the Site or
Communication Services;
- post or transmit any message which discloses private or
personal matters concerning any person; and
- post, list or transmit articles which are off topic
according to the description of the group affected (collectively, the "Prohibited
Acts").
You understand that all Communications and all information,
data, text, images, software, icons, music, sound, photographs, graphics, video, messages
or other materials (collectively, "Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which such Content
or Communications originated. This means that you, and not Vert Markets, are entirely
responsible for all Content or Communications that you upload, forward, post, email,
transmit or otherwise make available via the Site or Communication Services.
Vert Markets does not control the Content or Communications
posted via the Site or Communication Services and, as such, does not guarantee the
accuracy, integrity or quality of such Content or Communications. You understand that by
using the Site or Communication Services, you may be exposed to Content or Communications
that are offensive, indecent or objectionable. Vert Markets will not be liable in any way
for any Content or Communications, including, but not limited to, any errors or omissions
in any Content or Communications, or for any loss or damage of any kind incurred as a
result of the use of any Content or Communications posted, emailed, transmitted or
otherwise made available via the Site or Communication Services.
Use of, access to, or participation in any of the
Communication Services are also subject to these Terms of Use. Your participation in
on-line communications occurs in real time and is not edited, censored, or otherwise
controlled by Vert Markets. Vert Markets cannot and does not screen all Content or
Communications provided by users of the Site or Communication Services. Nevertheless,
Vert Markets reserves the right to monitor Content and Communications on the Site and on
the Communication Services, and reserves the right to edit or remove Content or
Communications which Vert Markets in its sole discretion determines to be harmful,
offensive, or otherwise in violation of these Terms of Use or any other Vert Markets
policies not expressly set forth here.
Vert Markets further reserves the right to terminate your
access to the Site, the Communication Services and any accounts you may have in connection
with the Site or Communication Services at any time and, without notice, for any reason
whatsoever. You agree that Vert Markets shall not be liable to you or any third party for
any termination of your access to the Site, the Communication Services or any accounts you
may have in connection with the Site or Communication Services.
Vert Markets reserves the right at all times to disclose any
information as Vert Markets deems necessary to enforce the foregoing Terms of Use or any
other Vert Markets policies, to satisfy any applicable law, regulation, legal process or
governmental request, and to respond to claims that the Site or Communication Services
violate the rights of third parties.
You understand that the technical processing and
transmission of the Content may involve
- transmission over various networks; and
- changes to conform and adapt to technical requirements of
connecting networks or devices.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE OR COMMUNICATION SERVICES IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Vert Markets EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
Vert Markets MAKES NO WARRANTY THAT
- THE SITE OR THE COMMUNICATION SERVICES WILL MEET YOUR
REQUIREMENTS;
- THE SITE OR THE COMMUNICATION SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR
COMMUNICATION SERVICES WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR COMMUNICATION SERVICES WILL MEET
YOUR EXPECTATIONS, AND
- ANY ERRORS ON THE SITE OR COMMUNICATION SERVICES WILL BE
CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SITE OR THE COMMUNICATION SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER
OBTAINED BY YOU FROM Vert Markets, FROM A Vert Markets EMPLOYEE OR AGENT, OR THROUGH OR FROM
THE SITE OR COMMUNICATION SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
TERMS OF USE.
Vert Markets WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
Vert Markets HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SITE OR COMMUNICATION
SERVICES,
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR COMMUNICATION SERVICES,
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA,
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR
COMMUNICATION SERVICES, OR
- ANY OTHER MATTER RELATING TO THE SITE OR COMMUNICATION
SERVICES.
LINKS, THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND
SERVICES
The Site and Communication Services provide
links to Web sites and access to content, services, and products from third
parties, including users, advertisers, affiliates and sponsors of the Site. You
agree that Vert Markets is not responsible for the availability of, and content
provided on, third party Web sites. You should refer to the policies posted by
other Web sites regarding privacy and other topics before you use them. You
agree that Vert Markets is not responsible for third party content accessible
through the Site or Communication Services, including opinions, advice,
statements and advertisements, and you understand that you bear all risks
associated with the use of such content. If you choose to purchase any products
or services from a third party, or if you purchase any products or services
where Vert Markets acts as the reseller of a third party's products or services,
your relationship is directly with the third party. You agree that Vert Markets
is not responsible for: (1) the quality of third party products or services, and
(2) fulfilling any of the terms of your agreement with the seller, including
delivery of products or services and warranty obligations related to purchased
products or services. You agree that Vert Markets is not responsible for any loss
or damage of any sort you may incur from dealing with any third
party.
INFORMATION CONCERNING FINANCIAL MATTERS
If you intend to create or join any service, receive or
request any news, messages, alerts, updates or other information from the Site
or Communication Services concerning companies, stock quotes, investments or
securities, you should take particular care to review the foregoing sections on
Disclaimer of Warranties and Limitation of Liability. Such services are for
informational purposes only, and no such information or Content is intended for
trading or investing purposes. Vert Markets will not be responsible or liable for
the accuracy, usefulness or availability of any information transmitted or made
available through the Site or Communication Services, and shall not be
responsible or liable for any trading or investment decisions made based on such
information.
INTERNATIONAL USE
Because of
the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable content, including all laws, rules,
codes and regulations of the country in which you reside. In addition, you agree
to comply with all laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
APPLICABLE LAW
By visiting the
Site or using one of the Communication Services, you agree that the laws of the
Commonwealth of Pennsylvania, without regard to principles of conflict of laws,
will govern these Terms of Use and any dispute of any sort that might arise
between you and Vert Markets or its affiliates.
DISPUTES
Any dispute relating
in any way to your visit to the Site, to products or services you purchase
through the Site, or that relate in any way to use of one of the Communication
Services, shall be submitted to confidential arbitration in Philadelphia,
Pennsylvania, except that, to the extent you have in any manner violated or
threatened to violate Vert Markets's intellectual property rights, Vert Markets
may seek injunctive relief or other appropriate relief in any state or federal
court in the Commonwealth of Pennsylvania, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration pursuant to these Terms of Use shall be joined
to an arbitration involving any other party subject to the Terms of Use, whether
through class arbitration proceedings or otherwise.
INDEMNITY
You agree to defend,
indemnify and hold harmless Vert Markets, its officers, directors, employees and
agents from and against any and all claims, liabilities, damages, losses or
expenses, including attorney's fees and costs, arising out of or in any way
connected with your access to or use of the Site or Communication
Services.
NOTE ABOUT CHILDREN
Minors are
not eligible to use the Site or Communication Services, and we ask that they do
not submit any personal information to us.
CHANGE, DISCONTINUANCE OF THE SITE AND SEVERABILITY
Vert Markets reserves the right to make changes to the Site and Communication
Services (including permanent or temporary discontinuance of the Site or Communication
Services), its policies, and these Terms of Use at any time. You agree that Vert Markets
shall not be liable to you or any third party for any such change, amendment,
modification, suspension or discontinuance. Any and all portions of the Terms of Use shall
automatically apply to all improvements, modifications, changes and/or amendments as they
appear on the Site or Communication Services. If any of these Terms of Use shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed severable
and shall not affect the validity and enforceability of any remaining condition. The
failure of Vert Markets to exercise or enforce any right or provision of the Terms of Use
shall not constitute a waiver of such right or provision.