Last updated: April 20th, 2018.
- Acceptance of Terms
- User Content License
This Website contains proprietary notices and copyright information, the terms of which must be observed and followed. Vendavo grants You non-exclusive, non-transferable, limited permission to access and display the Websites within this site as a customer or potential customer of Vendavo, provided You comply with these TOU, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Website as permitted by this Website’s robots.txt protocol, and Vendavo may block any crawlers at its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., You may not sell any of the Content You access on or through this Website). All other use of this Site is prohibited. Except for the limited permission in the preceding paragraph, Vendavo does not grant You any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to You, without prior notice, and You must immediately destroy all copies of downloaded materials in Your possession, custody or control.
- Use of Vendavo Websites and Content
The Vendavo Websites and Content are for Your non-commercial use, that is, Your use must not be intended for or directed towards commercial advantage or monetary compensation. As a condition of Your use of the Site, You warrant to Vendavo that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not use the Site to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vendavo or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vendavo content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of Vendavo and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of Vendavo or our licensors except as expressly authorized by these Terms.
- Personal Information, Privacy and Data Protection
Some of the information available on Vendavo Websites require that You provide consent to access the information. In other cases, You may be required to become a registered user. Before You can access information and/or this Website or other Vendavo web properties, You may have to register with Vendavo and provide Vendavo with certain information, which may include personally identifiable information, such as Your name and Your email address (“Personal Data”). By providing Vendavo with Personal Data, You expressly agree that Vendavo may collect, use, store and otherwise process Your Personal Data for the purpose of providing You with access to the requested information and/or Vendavo Websites and related activities and communications.
You can always correct or update Your Personal Data. You may also request information about Your Personal Data stored with Vendavo, by completing a privacy inquiry form.Please note that if You request the deletion of Your account or Personal Data, You might not be able to further access and use the Vendavo Websites, solutions user content, or services.
- Collection of Personal Information
- Links to Third Party Sites/Third Party Services
Vendavo Websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Vendavo and Vendavo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vendavo is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Vendavo of the site or any association with its operators.Certain services are made available via Vendavo Websites that are delivered by third party sites and organizations. By using any product, service or functionality originating from the Websites, You hereby acknowledge and consent that Vendavo may share such information and data with any third party with whom Vendavo has a contractual relationship to provide the requested product, service or functionality on behalf of Vendavo Websites users and customers.
- International Users
The Websites are controlled, operated and administered by Vendavo from our offices within the USA. If You access the Websites from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Vendavo Content accessed through the Websites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Vendavo, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of Your use of or inability to use the Sites or services, any user postings made by You, Your violation of any terms of these TOU or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. Vendavo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Vendavo in asserting any available defenses.
- Governing Law and Jurisdiction
This agreement shall be governed by and interpreted in accordance with the laws of the State of California without reference to its conflicts of law provisions. Both parties hereby irrevocably consent to the personal and exclusive jurisdiction of the state and federal courts located in or having jurisdiction over Santa Clara County, California. The substantially prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and expenses incurred.
- Class Action Waiver
Any disputes under these TOU will take place on an individual basis; class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING.
- Liability Disclaimer
- Termination/Access Restriction
Vendavo reserves the right, in its sole discretion, to terminate Your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and You hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.You agree that no joint venture, partnership, employment, or agency relationship exists between You and Vendavo as a result of this agreement or use of the Site. Vendavo’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vendavo’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Vendavo with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vendavo with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vendavo with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
- Changes to Terms
Vendavo reserves the right, in its sole discretion, to change the Terms under which Vendavo Websites are offered. The most current version of the Terms will supersede all previous versions. Vendavo encourages You to periodically review the Terms to stay informed of our updates.
- Electronic Communications
Visiting www.vendavo.com or any other Site or sending emails to Vendavo constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
- Children Under Thirteen
Vendavo does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under 18, You may use the Sites only with permission of a parent or guardian.
- Contact Us
Vendavo welcomes Your questions or comments regarding the Terms:Vendavo, Inc.
1401 17th Street Suite 800
Denver, Colorado 80202Email Address:
Effective as of April 20, 2018