Terms & Conditions
The Vantram websites (collectively, the "Website"), all other products and services, including mobile applications, owned, controlled or offered by Vantram, and all content offered as part thereof, including content offered by Vantram through 3rd party products, software applications, or services, are collectively referred to herein as the "Services." Subscribers, account holders, customers, users, and others who download, access, use, and/or subscribe to the Services (the "User" or "you") are required to agree to the following terms and conditions (the "Terms of Service"). Your use of the Services, constitutes your acceptance of and agreement to all of the terms and conditions in the Terms of Service and the Privacy Policy. The Terms of Service govern your use of the Services and are a condition to your use of the Services. If you object to anything in these Terms of Service and the Privacy Policy, you are not permitted to use the Services.
YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF SERVICE, THE PRIVACY POLICY, THE APPLICABLE GUIDELINES SET FORTH ON THE WEBSITE, AND THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY) FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THE PRIVACY POLICY, THE APPLICABLE GUIDELINES AND/OR THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY), THEN PLEASE CEASE USING THE PRODUCTS OR SERVICES IMMEDIATELY.
ALL THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 18 YEARS OR OLDER, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY.
MODIFICATION OF TERMS OF SERVICE AND/OR SERVICES
Vantram reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service at any time and without prior notice. If Vantram amends these Terms of Service, it will update this posting on the Website and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
PRIVACY
Please refer to the Privacy Policy available at https://www.Vantram.com/privacy-policy for information and notices about how Vantram collects, uses, or may share your personally identifiable information in connection with the Services.
YOUR ACCOUNT
In order to use certain features of the Services, you must register and create an account with Vantram (your "Account"). You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account (except as to security breaches caused by Vantram). Vantram reserves the right to suspend or terminate your Account at any time, for any reason, and shall incur no liability for such suspension or termination. Vantram reserves the right to select or reject any prospective user at its sole discretion.
RELEASE
YOU AGREE TO RELEASE VANTRAM (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF SERVICES.
NON-COMPLIANCE
Vantram assumes no responsibility for Users' compliance with or fulfillment of any activities, information, or Content provided by the Services. You agree that any activities you undertake based on information from the Services shall not interfere with any other obligations you may have in terms of schedules, work commitments and duties, responsibilities, legal obligations, health and safety obligations, or other personal commitments.
BILLING AND PAYMENT
Users of the Service are not required to provide any payment information at this time. Vantram reserves the right to alter this policy at its discretion. In such case, Vantram will notify and provide Users reasonable time to provide any required payment information for the continued use of Services.
VANTRAM’S OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The Services are owned by Vantram and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Service, Vantram and its licensors exclusively own or control all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services.
All trademarks, service marks, logos, trade names, and designs, whether registered or unregistered, used in connection with the Services are owned by Vantram or its third party licensors. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by Vantram or its third party licensors without the appropriate owner's prior written consent.
LICENSE TO USE CONTENT
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, User Content (as defined below), and other materials ("Content") is available through the Services. Some of the Content is provided by Vantram or its affiliates, and other Content may be provided by other Users, such as Users' opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums.
Vantram grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print Content, retrieved from the Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of Vantram. All rights not expressly granted in these Terms of Service are expressly reserved for Vantram.
While Vantram strives to keep the Content accurate, complete, and up-to-date, Vantram cannot and does not guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Vantram or its affiliates or by Users. Vantram does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Services. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Vantram. Vantram does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Services.
THE CONTENT AVAILABLE VIA THE SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER VANTRAM NOR ITS AFFILIATES OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL, COUNSELING, LEGAL, ACCOUNTING, HEALTHCARE OR OTHER PROFESSIONAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER, ATTORNEY, ACCOUNTANT OR OTHER PROFESSIONAL ADVISOR FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, QUALIFIED HEALTHCARE PROVIDER, ATTORNEY, ACCOUNTANT OR OTHER PROFESSIONAL ADVISOR REGARDING ANY QUESTION OR ISSUE YOU ENCOUNTER THAT REQUIRES SUCH PROFESSIONAL ADVICE.
USER-SUBMITTED CONTENT
You are responsible for all Content, that you submit, post, or otherwise make available to or through the Services ("User Content"). By doing so, you represent and warrant to Vantram that (a) your User Content is not subject to any confidentiality obligation to any third party, (b) you have all necessary permission to submit, post and otherwise make available such User Content, and (c) that your User Content will not contain any confidential, non-public, personal identifying information regarding yourself or any third party. You agree that Vantram is not responsible for and not liable for any User Content.
Vantram makes no claims to ownership of User Content that you submit, post or otherwise make available to or through the Services and you shall continue to retain all ownership rights in your User Content and the right to use your User Content as you see fit. However, you hereby grant to Vantram and its affiliates a worldwide, nonexclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to:
a. with respect to User Content, including photos, graphics, audio, video, or journals that you submit, post or otherwise make available in public areas of the Services (e.g. not intended as a private communication between you and Vantram), use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed;
b. with respect to User Content, including User Content that you provide through the Services, that you post or otherwise make available in the user-to-user or user-to-Vantram private communication tools and features of the Services, to use such User Content to facilitate your user-to-user or user-to-Vantram private communication within the Services; and
c. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available in public areas of the Website, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose for which such User Content was submitted, posted or made available, and for informational, promotional or other related purposes by Vantram.
Vantram may create features of the Services that allow Users to post opinions on and reviews of specific activities or information ("User Reviews"). All such User Reviews will not be verified or approved by Vantram and will not be the opinion of Vantram. You agree that Vantram will not and is not liable for any User Reviews. For purposes of this Terms of Service, User Reviews will be deemed part of User Content.
SOCIAL MEDIA AND NETWORKING SITES
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers or Social Networking Sites (SNS) (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing Vantram to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Vantram and/or grant Vantram access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Vantram to pay any fees or making Vantram subject to any usage limitations imposed by such third party service providers. By granting Vantram access to any Third Party Accounts, you understand that (i) Vantram may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "SNS Content") so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) Vantram may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services.
Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Vantram's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Vantram makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Vantram is not responsible for any SNS Content.
If the ability to establish such connections to Third Party Accounts is provided, you will also have the ability to disable or deactivate the connection between your Vantram Account and your Third Party Accounts at any time. Such deactivation will delete any information stored on Vantram's servers that was obtained through such Third Party Account.
USE OF COMMUNICATIONS TOOLS
The Services include, among other things, a platform which enables communication and connections between you the User and Vantram, its employees or partners, or between you and other Users.
Vantram requires an email address that it will use for communication between you the User and Vantram You are solely responsible for the security of this email address. You agree that you will take steps to insure the safety of such email address by not providing identifying information or passwords related to this email address to any 3rd party nor to Vantram through any communication with Vantram
Vantram may also require you to use 3rd party provided software or communication services, such as Slack. Slack is a copyright of Slack Technologies, LLC, a Salesforce Company. You agree to be governed by Slack’s user terms and conditions, available at https://slack.com/terms-of-service/user. Vantram is not responsible for any communications you may have with Slack Technologies, LLC or any other 3rd party software or communications service provider.
RESTRICTIONS ON USE OF SERVICES
Your use of the Services and the relating licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services:
- Post, upload, publish, submit or transmit any information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Provide Users with medical, counseling, legal or other professional services or advice.
- Access, tamper with, or use non-public areas of the Website, Vantram's computer systems, or the technical delivery systems of Vantram's providers; Attempt to probe, scan, or test the vulnerability of any Vantram system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Vantram or any of Vantram's providers or any other third party (including another User) to protect the Services;
- Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through software and/or search agents provided by Vantram or other generally available third party web browsers (such as Microsoft Internet Explorer, Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or any other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Vantram trademark, logo, URL or product name;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Service;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- Collect or store any personally identifiable information from the Services from other Users without their express prior permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- "Stalk" or otherwise harass anyone;
- Collect personal data about other Users for commercial or unlawful purposes;
- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content;
Vantram will have the right to investigate and prosecute violations of any of the above, including providing medical, counseling, legal or other professional advice, or intellectual property rights infringement and Services security issues, to the fullest extent of the law. Vantram may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Vantram has no obligation to monitor your access to or use of the Services or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Vantram reserves the right, at any time and without prior notice, to remove or disable access to any Content that Vantram, in its sole discretion, considers to be in violation of the Terms of Service or otherwise harmful to the Services.
LICENSE AGREEMENT FOR USING SPECIFIC APPLICATIONS
Your use of the Services and the relating licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines and end user licenses associated with your use of the Services, including without limitation any end user license agreement for any Vantram provided mobile apps. Vantram may modify such guidelines in its sole discretion at any time. Vantram reserves the right to terminate your account and access to the Services if it determines that you have violated any such applicable guidelines.
WORKER CLASSIFICATION
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Vantram. Vantram will not provide any equipment, labor or materials needed for any activity described in its services. Under no circumstances are any activities performed by any User to be construed as performing labor or other employment services for the benefit of Vantram
The Services are not an employment service and Vantram does not serve as an employer of any User. As such, Vantram will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Services.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify Vantram's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit Vantram to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Vantram's Designated Copyright Agent to receive notifications of claimed infringement can be sent to:
Vantram
Attention: Designated Copyright Agent.
Email to admin [at] Vantram [dot] com.
THIRD PARTY SITES / LINKS / ADS
Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by Vantram of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.
Vantram does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Vantram will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.
If there is a dispute between you and any such third party, you understand and agree that Vantram shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE VANTRAM, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
CONFIDENTIALITY OBLIGATIONS & SOCIAL MEDIA POSTING
You represent and warrant that any Content you receive from Vantram or the Services, including feedback to you directly via video, text, email or other communication, shall be deemed Confidential (“Confidential Information”).
You acknowledge and agree not to use any Confidential Information for any purpose other than for your own knowledge and personal benefit.
YOU AGREE NOT TO REPOST OR REPURPOSE CONFIDENTIAL INFORMATION ONTO ANY 3RD PARTY SOCIAL MEDIA SITES OR SERVICES.
You shall not disclose or permit disclosure of any Confidential Information to any third parties.
You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain or the possession of third parties.
You agree to notify Vantram of any actual or suspected misuse or unauthorized disclosure of Confidential Information which may come to your attention.
Confidential Information you receive will not be deemed Confidential Information if it: (a) was in the public domain, including publicly available through the Services at the time it was disclosed or has entered the public domain through no fault of your own; (b) was known to you at the time of disclosure, as demonstrated by evidence in existence at the time of disclosure; (c) is disclosed with the prior written approval of Vantram or (d) becomes known to you, without restriction, from a source other than Vantram without your breach of these Terms of Service.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VANTRAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VANTRAM DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. VANTRAM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY ASPECT, INCLUDING ACCREDITATION, REGISTRATION OR LICENSING, OF ANY CONTENT WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS. VANTRAM MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. VANTRAM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. VANTRAM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. Some jurisdictions may not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL VANTRAM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT VANTRAM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES. ADDITIONALLY, IN NO EVENT WILL VANTRAM OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT VANTRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
INDEMNIFICATION
You agree to indemnify and hold harmless Vantram, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Terms of Service; (2) the User Content, that you provide, create, submit, post, or transmit through the Services or offline; or (3) your (a) use of the Services, (b) your interaction with any other User.
TERMINATION AND SURVIVAL
Either party may terminate the Terms of Service for any or no cause, at any time. After termination, you shall no longer access or utilize the Services. The provisions of this Agreement which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely. If Vantram terminates or suspends your right to use the Services, you will not entitled to any refund of unused balance in your Account.
REQUEST FOR REMOVAL OF INFORMATION
Vantram will remove your content from its systems and Software upon termination of your account. You may request a confirmation of such removal of all content by contacting Vantram at admin [at] Vantram [dot] com.
SEVERABILITY
If any provision of the Terms of Service is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Service shall continue in full force and effect.
APPLICABLE LAW
These Terms of Service and the resolution of any dispute related to these Terms of Service or the Services shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between Vantram and you relating to the Terms of Service or the Services shall be brought exclusively in a court of competent jurisdiction sitting in San Jose, California, United States, or other location as determined by Vantram in its sole discretion, and you agree to submit to the personal and exclusive jurisdiction of such courts.
CONTACT INFORMATION
If you have any questions or concerns with respect to these Terms of Service or the Services you may contact a representative of Vantram at admin [at] Vantram [dot] com.
Last Updated: February 21, 2023