Welcome to the Vantage Reporting Web site (the
"Site"). By using the 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 Policy. We may revise the
Terms of Use and Privacy Policy at any time without notice to you.
Areas of the Site may have different terms of use posted. If there
is a conflict between the 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. 1. Use of
Web Site Information
You may download, view, copy and print documents and graphics incorporated
in these documents (the "Documents") from the Site subject
to the following: (a) the Documents may be used solely for personal,
informational, non-commercial purposes; and (b) the Documents may
not be modified or altered in any way. Except where your use constitutes
"fair use" under copyright law, you may not otherwise
use, download, upload, copy, print, display, perform, reproduce,
publish, license, post, transmit or distribute any information from
this Web site in whole or in part without the express authorization
of Vantage Reporting.
2. Use of Software
Any use of software and accompanying documentation you download
from the Site is subject to the terms of a software license agreement
between you and Vantage Reporting. You must read the license agreement
and indicate your agreement to its terms prior to installing or
using the software. All rights, title and interest not expressly
granted are reserved.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin
board, news group, letter to Vantage Reporting, its webmaster or
employees, or e-mail function offered as part of the Site. You agree
not to upload, email, post, publish or otherwise transmit through
a Forum any content that: (a) is false or misleading; (b) is defamatory;
(c) is harassing or invades another's privacy, or promotes bigotry,
racism, hatred or harm against any group or individual; (d) is obscene;
(e) infringes another's rights, including but not limited to intellectual
property rights; (f) constitutes unsolicited bulk e-mail, "junk
mail," "spam" or chain letters; or (g) violates any
applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not
distribute or otherwise publish any content containing a solicitation
of funds, promotion, advertising, solicitation for goods or services,
or other commercial matter. You agree not to solicit other users
of the Site to use or join or become members of any commercial online
or offline service or other organization. Except where expressly
authorized by Vantage Reporting, you agree not to collect or store
personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting
content to any Forum or submitting any content to Vantage Reporting,
you automatically grant (or warrant that the owner of such rights
has expressly granted) Vantage Reporting a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce, modify,
adapt, publish, transmit and distribute such content on in any form,
medium, or technology now known or later developed. In addition,
you warrant that all so-called moral rights in the content have
been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s)
you are given to access the Site, and are fully responsible for
all activities that occur under your password(s). You agree to notify
Vantage Reporting immediately of any unauthorized use of your password(s).
Vantage Reporting is concerned about the security of personal information
we have collected from you and has taken reasonable steps to prevent
unauthorized access to that information.
5. Termination of Use
You agree that Vantage Reporting may, in its sole discretion, at
any time terminate your access to the Site and any account(s) you
may have in connection with the Site. Access to the Site may be
monitored by Vantage Reporting.
6. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products
and services from third parties, including users, advertisers, affiliates
and sponsors of the Site. You agree that Vantage Reporting 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 Vantage Reporting is not responsible for third party
content accessible through the Site, including opinions, advice,
statements and advertisements, and 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, your relationship
is directly with the third party. You agree that Vantage Reporting
is not responsible for: (a) the quality of third party products
or services; and (b) 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 Vantage Reporting is not responsible for any loss
or damage of any sort you may incur from dealing with any third
party.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED
ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. VANTAGE REPORTING 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. VANTAGE REPORTING MAKES NO WARRANTY
THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL
BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR
RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK. VANTAGE REPORTING SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
VANTAGE REPORTING RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES
TO THE SITE AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL VANTAGE REPORTING BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS
OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS
TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless Vantage Reporting,
its officers, directors, employees and agents from and against any
and all claims, liabilities, damages, losses or expenses, including
reasonable attorneys' fees and costs, arising out of or in any way
connected with your access to or use of the Site.
10. Privacy Policy
Vantage Reporting is concerned about your privacy and has developed
a policy to address privacy concerns. You can find the current privacy
policy at www.vantage-reporting.com/html/privacy.html.
11. Note About Children
Minors are not eligible to use the Site, and we ask that they do
not submit any personal information to us.
12. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content,
software, products or services provided on the Site in violation
of U.S. export laws or regulations, or in violation of any other
applicable laws or regulations. You agree to comply with all export
laws and restrictions and regulations of any United States or foreign
agency or authority, and not to directly or indirectly provide or
otherwise make available the services and products of Vantage Reporting
in violation of any such restrictions, laws or regulations, or without
all necessary approvals, including, without limitation, for the
development, design, manufacture or production of nuclear, chemical
or biological weapons of mass destruction. As applicable, you shall
obtain and bear all expenses relating to any necessary licenses
and/or exemptions with respect to your own use of the services of
Vantage Reporting outside the U.S. Neither the services of Vantage
Reporting nor the underlying information or technology may be downloaded
or otherwise provided or made available, either directly or indirectly,
(i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any
other country subject to U.S. trade sanctions, to individuals or
entities controlled by such countries, or to nationals or residents
of such countries other than nationals who are lawfully admitted
permanent residents of countries not subject to such sanctions;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals and Blocked Persons or the U.S. Commerce Department's
Table of Denial Orders. By agreeing to these Terms and Conditions
of Use, you agree to the foregoing and represents and warrants that
you are not located in, under the control of, or a national or resident
of any such country or on any such list.
13. Applicable Laws
All matters relating to your access to, and use of, the Site shall
be governed by U.S. federal law or the laws of the State of California.
Any legal action or proceeding relating to your access to, or use
of, the Site shall be instituted in a state or federal court in
San Francisco or San Mateo County, California. You and Vantage Reporting
agree to submit to the jurisdiction of, and agree that venue is
proper in, these courts in any such legal action or proceeding.
14. Copyright/Trademark Information
Copyright © 1995-2000, Vantage Reporting, Inc. All rights reserved.
Vantage Reporting is a registered trademark of Vantage Reporting
Corporation. Other names appearing on the Site may be trademarks
of their respective owners.
15. Contact Information
If you have any questions regarding these Terms of Use, please contact
Vantage Reporting at trademark@vantage-reporting.com.
If you have any other questions regarding the Site, please contact
Vantage Reporting at www.vantage-reporting.com/contact/.
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