GENERAL TERMS AND CONDITIONS

 

Virent Energy Systems, Inc., (Virent) provides this website and other related or linked Virent sites (Site) to you subject to your agreement to comply with the following terms of use (the General Terms). Your use and access to this Site will constitute your acceptance of the General Terms. Once accepted, the General Terms will constitute a binding agreement between Virent and you governing your use of the Site or (the Agreement). If you are not willing to abide by the General Terms, do not use this Site.


1) Changes and Special Additional Terms and Conditions


Virent may revise the General Terms at any time without notice. You should revisit this Site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the Site after such changes constitutes your agreement to the changes.


You are advised to check each page you visit on the Site. Some locations may have special additional terms and conditions that apply to the use of or interaction with that location. Your use of that location constitutes your acceptance of those special additional terms and conditions.


2) Use of the Site


A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include, without limitation, the following:

·         Logging into or attempting to log into a server or account that you are not authorized to access;

·         Accessing data or taking any action to obtain services not intended for you or your use;

·         Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;

·         Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;

·         Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the Site;

·         Interfering with, intercepting or expropriating any system, data or information; or

·         Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system.

B. "Spam" and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).


C. Infringement. You are prohibited from using the Site to infringe on any person's copyright, trademark, patent or other intellectual property rights.  We may terminate your right to access the Site if we believe you are using the Site in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.


D. Other Prohibited Actions. In using the Site, you must not:

·         Post, e-mail, or otherwise transmit or use the Site in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that Virent, in its sole discretion, does not wish posted or transmitted on the Site;

·         Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;

·         Engage in and/or encourage conduct that would:  1) violate any applicable law or regulation; or 2) give rise to civil liability;

·         Engage in conduct which could damage or impair the intended operability of the Site.

·         Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;

·         Engage in deceptive online marketing; or

·         Assist or permit any persons in engaging in any of the activities described above.

E. Your Content. You must exercise caution, good sense and proper judgment in using the Site. You are responsible for any material you place on or transmit to or through the Site. You agree, represent and warrant that any information you post to or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

 
F. You agree that use of any information obtained via the Site is at your own risk.

 
G. Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement if such use of another company's service could reasonably be expected to adversely affect the Site any manner.

 
H. No Licensing. By your use of the Site you receive no license, express or implied, under any patent, trademark, copyright, or trade secret rights now or hereafter, owned, controlled or possessed by Virent.

 
I. Linking. You may not link to this site without prior written permission from Virent. You may download and print one copy of content on this Site for your personal non-commercial use, or in connection with your purchase or license of any Virent products, provided that you leave any copyright or trademark information intact and unchanged. Other than as specifically set out in this paragraph you may not copy (whether by printing off onto paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of this Site.


3) Trademark and Copyright


VIRENT, BIOFORMING, SUPERNATURAL and other brands, logos, trademarks and services marks displayed on this Site are marks of Virent. Not all marks of Virent will appear on this Site and not all products or services listed on this Site are available for sale or license in every country. Some products or services may be marketed under local trademarks in specific countries. Marks of third parties may appear on this Site when referring to those entities or their products or services.  No license, express or implied, is provided to any such third party marks by or on behalf of Virent and said third parties.

  
The user may forward, distribute, and/or photocopy copyrighted materials of Virent located on this Site only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers, and other information. You may not copy these documents to a Web site.

 

4) Privacy Statement


Click here to view the Virent Privacy Statement 


5) No Warranty

 
This Site is provided "AS IS" and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law, Virent disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Virent does not represent or warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Virent does not make any warranties or representations regarding the use of contents of this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.  

 
6) Limitation of Liability

 
Virent shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site or the contents on this Site or the performance of the Site, or any products described on this Site, even if Virent has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


 
If you are dissatisfied with any portion of the Site or with any of these terms, your sole and exclusive remedy is to discontinue using the Site.

 
7) Non-Confidentiality of User Materials

 
You are not to transmit any material to or through this Site that you consider to be confidential or proprietary. Any material which you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in Virent's Privacy Statement or separate written agreement between you and Virent, you give Virent an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that Virent has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the Site.

 
8) Use of Third Party Web sites

 
As a convenience, Virent may provide links to Web sites operated by third parties. If you decide to access a third party's Web site through a link provided by this Site, you do this at your sole risk. Virent is not responsible for any viruses or other damaging elements encountered in linking to a third party Web site. Virent makes no warranty or representation regarding and if not responsible for the linked Web sites or the content of such Web sites.

 
9) User Communications Areas


The Site may contain areas where users communicate with each other, including but not limited to bulletin boards, calendars, chat areas, or personal web pages.

 
Virent has the right, but not the obligation, to monitor or review any part of the Site, including the user communication areas. However, Virent shall have no liability related to the content of any communications made in these areas.

 

10) Disclosure; Forward-Looking Statements

 
Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Virent. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.


11) Global Availability/Export Controls


Portions of this Site may be controlled and operated by Virent from various offices in the United States. Virent makes no representation that the Site, or any materials accessed or described on the Site, are appropriate or available for use in other locations, and access to them from other countries where there contents are illegal or penalized is prohibited. Access to or use of the Site, or materials accessed on or described on the Site, by persons or from countries sanctioned by the United States is specifically prohibited.

 
Those who access the Site do so on their own accord and are responsible for compliance with all applicable US and local laws. You may not export or re-export information or materials accessed on or described on this Site, except in full compliance with all United States laws and regulations.  In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S. Treasury Department's List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, information, or materials accessed or described on the Site.

 
12) Indemnity of Company


You agree to indemnify, hold harmless, and defend Virent, as well as its officers, directors and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account of the terms and conditions of this Agreement.


13) Applicable Law and Dispute Resolution


This Agreement shall be governed by the internal substantive laws of the State of Wisconsin, USA (without giving effect to its principles of conflict of laws). Where federal jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with this Agreement, you and Virent designate the United States District Court for the Western District of Wisconsin, for the exclusive resolution of that dispute and submit to the jurisdiction of that court. Where federal jurisdiction does not exist over that action, suit or proceeding, you and Virent designate the Circuit Court for Dane County, Wisconsin, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.

 

14) Special Note for Parents


Portions of this Site and Services may be of special interest to children, but Virent does not seek through this Site to gather personal information from persons under the age of 17.

 
15) How to Contact Us


If you have any questions or concerns about the online statement for this Site or its implementation you may contact us at:


Virent Energy Systems, Inc.

3571 Anderson Street

Madison, Wisconsin 53704