The following describes the terms on which Volante Technologies, Inc. (“Volante” sometimes referred to in the first person) offers you access to our web site and our services (unless a separate, typically more specific, license agreement applies for a given product or service).
Please read all of this carefully as it will govern any and all use by you of the domain and affiliated domains of www.volantetech.com (the “Site”).
Welcome to Volante. By using the services available from the Site you are agreeing to the following terms, including any available by hyperlink (the “User Agreement”) with Volante and the general principles for the web sites of our affiliates. If you have any questions, please refer to the “Help” section on the Site.
This Agreement is effective on October 11, 2011 for any current users, and upon acceptance for all new users.
Using the Volante Site
You acknowledge that all information (the “Information”) furnished by Volante is licensed for the exclusive use of the users of the Site and may not be sublicensed or resold. Regardless of the form or format in which the Information is furnished, none of the Information may be disclosed or made available in whole or in part to any third party. You agree that you will not duplicate any of the Information in any form, including by electronic transfer or on magnetic tapes, disks, diskettes and other machine readable media in any form or manner whatsoever, except that you may make one copy solely for backup purposes. You are expressly prohibited from using any of the Information as a factor in establishing an individual's eligibility for (i) credit or insurance to be used primarily for personal, family or household purposes, or (ii) employment. You agree not to use the Information to engage in unfair or deceptive practices.
While using the Site, you agree to not:
- Try to access any Site content not necessary for your use of the Site;
- Violate any laws, third party rights, or any policies which we have posted on the site from time to time;
- Use the Site if you do not agree to this Agreement; are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
- Use any artifice to avoid paying for products purchased by you;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- Engage in spam, chain letters, or pyramid schemes involving or using the Site;
- Distribute viruses or any other technologies that may harm Volante, or the interests or property of Volante users;
- Copy, modify, or distribute content from the Site, or Volante’s copyrights and trademarks; or
- Harvest or otherwise collect information about users, including email addresses, without their consent.
Fees and Services
By using the Site you are agreeing to pay our fees as presented at the time of purchase. You will always have an opportunity to review and accept the fees for the services you are requesting prior to payment. We may change our pricing at any time from time to time. Changes to our pricing are effective immediately. From time to time we may choose to temporarily change the fees for our services for promotional events or new or upgraded services, and such changes are also effective immediately.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and deducting the amount owed from any credit balances you may have with us or our affiliates.
Our License To You
On the terms and conditions of this User Agreement, we grant to you a non-exclusive, limited, right and license to use the Site for the purposes for which it is intended by us and to access the Information. You represent and warrant that your use of any Information will not violate any federal or state laws or regulations or any third party rights, and that your use shall conform to generally recognized standards of high integrity and good taste. You further represent and warrant that your use of the Site shall fully comply with the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act).
You acknowledge that Volante does not warrant the comprehensiveness, completeness, or accuracy of the Information. You acknowledge that Volante and any third party information providers make no representations or warranties of any kind and disclaim all implied warranties, including without limitation, any warranties of merchantability or fitness for a particular purpose, with respect to the Information.
You acknowledge and agree that the Information is the property of Volante and comprises: (a) works of original authorship, including compiled information containing Volante’s selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (b) confidential and trade secret information; and (c) information that has been created, developed and maintained by Volante at great expense of time and money, such that misappropriation or unauthorized use by others for commercial gain would unfairly or irreparably harm Volante. You agree that you will not commit or permit any act or omission by your agents, employees, or any third party that would impair Volante’s copyright or other proprietary and intellectual rights in the Information. You will not use any Volante trade names, trademarks, service marks or copyrighted materials in any advertising or in any other manner without the prior written approval of Volante. You shall reproduce Volante’s copyright notice and proprietary rights legend on all authorized copies of such Information.
Your License To Us
So that we may continue improving our databases and upgrade the value of content on our Site, when you use the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, know how, and database rights in the results of your feedback, comments, and searches in aggregate form with those of other Volante Users, in any media known now or in the future. However, we will never identify to anyone else the searches you conduct.
You will not hold us responsible for other users’ actions or inactions. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control.
You agree that Volante and any third party information providers shall not be liable to you for any loss or injury arising out of or caused, in whole or in part, by Volante’s negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the Information.
You agree that Volante and any third party information providers will not be liable for any consequential, incidental or special damages, or lost profits, even if advised of the possibility of such damages. You also agree that Volante and any third party information providers’ aggregate liability, if any, for any and all losses or injuries to you arising out of any acts or omissions of Volante in connection with a particular order or service, regardless of the cause of the loss or injury (including negligence) and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount paid by you for the Information furnished pursuant to such order or service or $2,000, whichever is greater, and you covenant and promise not to sue Volante for any amount greater than such amount. You also agree to give Volante immediate written notice of all actions, claims, losses or damages arising out of the licensing or use of the Information.
Each time you use our Site, you will be releasing us (and our officers, directors, agents, affiliates, attorneys, joint venturers and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your prior use of the Site. You waive California Civil Code §1542, and any similar law, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Access and Interference
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:
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Site without the prior express written permission of Volante; or
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
You will indemnify and hold us (and our officers, directors, agents, affiliates, attorneys, subsidiaries, joint venturers and employees), harmless from any and all claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on firstname.lastname@example.org, Paul David Marotta, The Corporate Law Group, 1341 Marsten Road Burlingame, California, 94010 (in the case of Volante) or to the contact information including email address you provide to us during the registration process (in your case). Notices shall be deemed given 3 days after an email is sent, unless the sending party is notified that the email did not go through, bounced back or was not sent, or that the email address is invalid. Additionally, all legal notices shall be copied by mail to the address provided above by us and provided by you during the registration process.
Resolution of Disputes
This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved by a court located in San Mateo County, California, and you agree to submit to the personal jurisdiction of the courts located within San Mateo County, California for the purpose of litigating all such claims or disputes.
Volante uses best efforts to ensure that the Site is up and available and usable most of the time. However, the Site may occasionally experience outages during which you cannot gain access to the site or adequately use the Site. We do not offer refunds, or compensate, for such outages in any way and, by using and relying on the Site and you hereby acknowledge that you are not due any such compensation or other damages. There are many events, from natural disasters to power outages to technical problems and mistakes that can disrupt our Site or make our site unavailable.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the greatest extent possible. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. No rules of construction are intended by you in using our site, nor by us, and for all purposes both you and us shall be deemed to be joint authors of this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services, Liability, Release, Indemnity and Resolution of Disputes.