Website Visitor Agreement and Terms of Use
This website is provided for your use by Verdance Design Group Inc. ("Verdance," "we" or "us"). By visiting this website, you agree to the terms of use below. Because this site is always evolving, please be aware that we may change this Visitor Agreement from time to time; by continuing to use this site after we post any such changes, you accept this Visitor Agreement as modified.
1. Accuracy of Content
The content on this site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear. We invite you to bring to our attention any content on our site you believe to be inaccurate or inappropriate.
2. Rights
You acknowledge that we permit access to content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); and that this Visitor Agreement and any applicable copyright, trademark, and other laws govern your use of such content.
Notice of Copyright Ownership. The content of our site, including original images, words and phrases, is the product and and property of Verdance Design Group Inc. and we alone own the copyright to such content.
Our Limited License to You. You may display and print for your personal and non-commercial use information you receive through our site. You may not reproduce, distribute, or otherwise use any of the materials on this site without the prior written consent of the Rights holder. Please contact us to request permission to reproduce, distribute, or otherwise use materials found on our site. The burden of determining whether any content on our site is or is not protected by Rights rests with you.
Links. You are free to encourage others to access the information on our site. We welcome links to our site. You are free to establish a hypertext link to our site so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo or mark without written consent of the mark owner.
No Framing. Without our prior written consent, you may not frame, or in-line link to, any of the content of our site, or incorporate into any other website or service any of our intellectual property.
Marks. You may not use any logo or mark appearing on our site without the prior written consent of the owner of the mark.
Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this site, please notify us by email or by sending a notice via U.S. Mail to: Principal, Verdance Design Group Inc., P.O. Box 60311, Palo Alto, CA 94306. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.
Indemnity. You agree to hold us harmless from any claim that may arise from your use of any of our site.
3. Third Party Services
As a convenience to you, we may provide links to third-party websites. Those websites and the parties that control them are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any site to which we may provide links, and you hereby waive any claim you might have against us with respect to such sites and their operators. You may order services or merchandise through links on our site from persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us, nor will we be deemed, a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.
4. Disclaimer of Warranties
You agree that use of this site is at your sole risk. Our site is provided on an "as is" and "as available" basis. Verdance Design Group Inc., its affiliates, agents and licensors cannot and do not warranty the accuracy, completeness, currentness, non-infringement, merchantability, or fitness for a particular purpose of the information, materials and services available through our site. We do not guarantee our site to be error-free, secure, continuously available or free of viruses or other harmful components.
You also agree that if you rely on any data or information obtained through our site, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of any material and/or data.
Verdance, its affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through our site, other than those express warranties Verdance itself specifically makes on any Verdance service agreement.
5. Limitation of Liability
Under no circumstances will Verdance or its affiliates, agents or licensors be liable to you or anyone else for any damages arising out of your use of our site, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages. You agree that the liability of Verdance, its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way connected to our site will not exceed the amount you paid us to use the site. Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, the liability of Verdance, its affiliates, agents and licensors is limited to the fullest extent permitted by such state law.
6. Discontinuance, Modification & Restrictions
We may discontinue, change, suspend, or restrict access to our site or any portion of our site at any time without liability to you or any third party.
7. Applicable Law & Exclusive Jurisdiction
This site is controlled and operated by Verdance Design Group Inc. from the State of California in the United States of America. Those who choose to access our site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Visitor Agreement constitutes an agreement made in, and to be construed in accordance with the laws of, the State of California without regard to its conflict of law provisions. By using this site, you consent to the exclusive jurisdiction of the state and federal courts in Santa Clara County, California, in all disputes arising out of or relating to this agreement or any or all portions of our site.
8. Dispute Resolution
You agree to not take any legal action against us that relates to or arises out of our website without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be emailed to Verdance, or sent to such other designee as Verdance may identify from time to time.
9. Miscellaneous
In the event that any provision of this Visitor Agreement conflicts with the law under which this Visitor Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Visitor Agreement, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Visitor Agreement will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Visitor Agreement, or to exercise any right under the Visitor Agreement, such a failure will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.
This Visitor Agreement constitutes the entire understanding between you and Verdance Design Group Inc. as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.