We take reasonable steps to ensure the accuracy of the information on the Site, but all information and content is provided “as is” and without any warranty. All features, descriptions, and specifications of products and services described or referenced on the Site, are subject to change at any time without notice.
The design of the Site and all text, graphics, images, video, information, and other material displayed on or that can be downloaded from the Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Service or with our prior written permission. You may not modify the information or materials displayed on or that can be downloaded from the Site in any way or reproduce or publicly display, perform, distribute or otherwise use any information or materials on the Site for any public or commercial purpose. Any unauthorized use of any information or materials on the Site may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You will not remove any copyright, trademark or other proprietary notice from material found on the Site. The software and other technology components of the Site are owned by Vareto or third parties and are protected by law.
Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of Vareto and its affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of Vareto or such other owner.
Your use of this site is at your risk. The information, materials and services provided on or through the site are provided "as is" without any express or implied warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither vareto nor any of its affiliates, employees, directors or other representatives warrant the accuracy or completeness of the information, materials or services provided on or through the site. The foregoing exclusions of warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
We are not liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (a) resulting from loss of use, data, reputation, revenue, or profits; (b) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (c) arising out of or in connection with your use of or access to the site. nothing in the terms limits or excludes our liability for gross negligence, intentional misconduct of vareto or its employees, death, or personal injury.
Please read this section carefully. it affects your rights and how claims that you and vareto have against each other are resolved.
You and Vareto agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Vareto (the "Arbitrator");
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Vareto.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) Interpretation and Enforcement of Arbitration Clause. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
(f) Modification of Arbitration Clause with Notice. Vareto may modify these arbitration provisions, but any modifications shall only become effective thirty (30) days after Vareto has given notice of the modifications and only on a prospective basis.
You agree to indemnify and hold Vareto and its parents, affiliates, subsidiaries (and their respective officers, directors, employees, successors and assigns) harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our the Site, your violation of these Terms of Service, or your violation of the rights of another party. This indemnity survives termination of these Terms of Service.
We control the Site from our offices within the United States of America. We make no representation that the Site or its content (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations. Users who access the Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Site may be downloaded in violation of United States law.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision by us. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or our Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any changes to the Policy will become effective when the revised Policy is posted on the Site. By continuing to use the Site following the changes, you are agreeing to accept the terms of the revised Policy.
These Terms of Service, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between Vareto and you relating to the subject matter hereof and supersedes any prior versions of these Terms of Service as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.