VSConsulting, Inc. (“VSC”) created and maintains this Internet site (“the Site”) for communication and information purposes. This Site provides information of specific interest to VSC clients. Your access to and use of this Site is subject to the following Terms and Conditions of Use and Privacy Statement (“Terms”), to include any modifications issued by VSC to these Terms and all applicable laws and regulations. If you do not agree to be bound by these Terms, you will not be allowed to use this Site.
Changes in Terms; Termination
VSC reserves the right at any time and without prior notice to revise the terms and provisions of these Terms or to impose new terms and conditions with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. Any access or use of this Site by you after notice of revisions or additions to these Terms shall constitute and be deemed to be your agreement to such revisions or additions.
VSC shall also have the right to terminate this Site or any products or services offered through the Site, or any individual’s right to access or use any portion of or service offered through the Site, at any time and without prior notice.
The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. VSC may change, update, or delete any posted information or materials at any time and without prior notice. The information and materials posted on this Site are provided for informational purposes only and are not binding on VSC in any way except to the extent they are specifically indicated to be so.
Linked Third Party Sites
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement or approval by VSC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by VSC, and VSC is not responsible for the availability, content, policies or practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
Disclaimer of Warranty
VSC makes no warranties or representations whatsoever concerning this Site or any linked site or its content, including the availability of any site or the information and materials on it or the accuracy, completeness or timeliness of that information and materials. VSC also does not warrant or represent that your access to or use of any site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the site is free of computer viruses or other harmful components. Without limiting the foregoing, EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES WILL VSC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF VSC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Trademarks and Copyrights
Unless otherwise noted, the trademarks, logos, and service marks used on the Site are owned by VSC or by third parties that have licensed their use to VSC. You may view and download these marks for informational purposes only as permitted by applicable copyright laws and must retain intact all copyright and other proprietary notices. Other use of these marks, except as specifically permitted in these Terms or the Site content or a writing signed by VSC, is strictly prohibited.
You agree to defend, indemnify, and hold harmless VSC, VSC officers and its employees or related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs) arising out of or relating to your breach of these Terms or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.
VSC respects the privacy of personally identifiable information about visitors to this Site such as names or e-mail addresses and will collect such information about you only when you knowingly and voluntarily submit it. VSC does not sell or rent personally identifiable information about visitors to the Site to third parties. VSC will not use personally identifiable information about visitors to the Site for the purpose of broadcasting unsolicited e-mail newsletters or bulletins and will transmit such information only to individuals that specifically request it. VSC also will not authorize use of personally identifiable information about visitors to the Site for the purpose of broadcasting unsolicited e-mail newsletters or bulletins.
VSC may use personally identifiable information about visitors to the Site in aggregate form to make the Site better and more responsive to the interests of such visitors. VSC may also collect certain non-personal information about visitors to the Site, including but not limited to the identity of their Internet browsers, the types of operating systems they use, their locations, and the domain names of their Internet service providers. Such non-personal information may be used for purposes including but not limited to improving the content of the Site.
VSC is not responsible for the privacy policies or practices of VSC clients, operators of linked sites, or other third parties.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by VSC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.
VSC shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of this Site shall not be construed as VSC’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than Washington, District of Columbia. This Agreement shall be governed by and construed in accordance with the laws of Washington, District of Columbia, without regard to its conflicts or choice of laws principles. In any matter connected with the Site or these Terms, the parties hereto consent exclusively to personal jurisdiction in the United States District Court of Washington, District of Columbia, or, if that court lacks subject matter jurisdiction, in the courts of Washington, District of Columbia.