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Copyright, Trademark and Intellectual Property

All information, content and material (“Content”) made available by the Company through this web site is owned by or licensed to the Company.  The Company and its licensors retain all rights in this Content.

All Content, including, but not limited to the web site design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by the Company and its licensors.  The Content and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner.

The Company grants you permission to display, copy, distribute, print and/or download, the Content on this web site for your personal, non-commercial use only.  If you display, copy, distribute, print and/or download the Content on this web site, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Content.

The permission granted herein terminates automatically if you breach these terms or conditions.  Upon termination of the permission, you must immediately destroy any Content you displayed, copied, distributed, printed and/or downloaded.

Vital Resources™ and www.vitalres.com are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of the Company and may not be used, copied or imitated without the prior written consent of the Company.

The Company’s intellectual property may not be used in connection with any service or information that is not the Company’s.  The Company’s intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages the Company.  Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this web site are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.

The compilation of the Content on this web site is the exclusive property of the Company and is protected by U.S. and International Copyright Law.

You may not mirror any Content contained in this web site on any other web site or server.

Digital Millenium Copyright Act, Transmission of Third Party Content:

You may not upload, post or otherwise distribute on this web site anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting, or distribution on the web.

Anything for which permission has been granted to upload, post or otherwise distribute must contain the notice “Copyright, 2000-2008, Vital Resources used by express permission.”

The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution. 

The Company, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

The Company, pursuant to the Digital Millenium Copyright Act, designates Vital Resources™ to receive complaints and notices of suspected copyright infringements.  If you believe that your work has been copied and is accessible on the Company’s web site in a way that constitutes infringement, you may notify the Company by providing Vital Resources™ the following information:

1)      1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2)      2) A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3)      3) Identification of the URL or other specific location on the Company’s web site where the material that you claim in infringing is located;

4)      4) Your address, telephone number and e-mail address;

5)      5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owners, its agent, or the law;

6)      6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Vital Resources™ can be reached via e-mail at www.vitalres.com and by regular mail at 28025 Clemens Rd., Suite3, Cleveland, Ohio 44145.

You are prohibited from uploading, posting or otherwise distributing on this web site any unlawful, threatening, obscene, pornographic, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, sexual preference, or any other classification that could produce any civil or criminal liability for either yourself or for the Company, its affiliates, employees, agents or any such similarly situated persons or entities.

Ownership of Third Party Content:

The Company may display Content supplied by visitors and other third parties on its web site.  The Company contains no editorial control over this Content.  The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS FOR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS OR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

We shall not, under any circumstances, be liable for any loss, damage or harm caused by your or anyone else’s reliance on Content available on this web site that is the property of visitors or third parties.  You are solely responsible for evaluating and acting on any Content available on this web site.

 

DISCLAIMERS:

THIS WEB SITE IS PROVIDED “AS-IS” AND “AS-AVAILABLE.”  THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEB SITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE.

YOU AGREE TO VISIT THIS WEB SITE SOLELY AT YOUR OWN RISK.  YOU AGREE THAT YOUR USE OF THIS WEB SITE, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEB SITE SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEB SITE ARE ACCURATE, RELIABLE, OR CURRENT.

THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OR MERCHANTABILITY.

LIMITATION OF LIABILITY:

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEB SITE.

NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEB SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOU USE OF OR INABILITY TO USE THIS WEB SITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT THIS SECTION APPLIED TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEB SITE.

IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, THE COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

No Joint Venture:

This Agreement provides only for the use of this web site.  This Agreement shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.

You agree to indemnify the Company for any damages, losses, costs, or expenses that the Company may incur as a result of your use of this web site.  You also agree to indemnify the Company from any damages, losses, costs or expenses that the Company may incur as a result of your providing inaccurate or untruthful information to gain access to the services provided through this web site.

Hold Harmless:

You agree to hold the Company harmless for any damages, losses, costs, or expenses that you may incur as a result of your sue of this web site or your use of the Content, information and/or services available through this web site.

Severability:

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.

Integration Clause:

You hereby acknowledge that these Terms of Use, including all documents referenced herein, represent the entire understanding between you and the Company concerning your use of this web site, and the Content, information and services available on this web site.

Survivability:

All representatives and warranties made by the Company shall survive termination of the Terms of Use.

Headings of the Terms of Use:

The section headings used in this Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.