This is a legally valid contract (the “Agreement”) between the customer (“you,” “your”) and The Viti Companies, Inc. (“Viti Companies”). The Agreement defines how the services work and how you may use the Viti Companies family of websites (the “Website”). Any visitor of the Website shall be considered a “User” or “Users.” By using the Website you agree to this Agreement. If you do not wish to be bound by this Agreement, please discontinue using and accessing this Website immediately.
YOUR USE OF THIS WEBSITE
By using the Website and the services you:
- represent that you are eighteen (18) years of age or older;
- represent that you have the legal capacity and authority to bind yourself and/or the person or entity for whom you are accepting this Agreement;
- represent, warrant and covenant that the information and data that you have provided or will provide to Viti Companies is or will be correct and complete in all respects, and that you have the right to provide such information and data to Viti Companies;
- acknowledge that the Viti Companies has and will rely upon the information and data that you provide and that any incorrect or incomplete information that you provide to Viti Companies may result in Viti Companies withholding, suspending, or terminating the services and/or terminating this Agreement; and,
- agree to be bound by this Agreement, as it may be updated by the Viti Companies from time to time in its sole
You may only access and use the Website in the manner authorized by this Agreement and any other documents we provide to you. We are not liable to you for any unauthorized access to, or misuse of, the services or the Website. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website (or computer systems or networks connected to the Website) through hacking, password mining, or any other means. You agree that you will not engage in any activities with respect to the Website that violate any applicable local, state, national, or international laws or regulations, the intellectual property or other rights of third parties, or submit or transmit any material that is abusive, defamatory, obscene, threatening, or otherwise inappropriate, as reasonably determined by Viti Companies.
SECURED AREAS
Some portions of the Website are restricted and require an authorized login for access. Unauthorized use of or access to these areas is banned. Any actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Unauthorized attempts to access such areas may be viewed, monitored, and recorded and any information obtained may be given to law enforcement in connection with any investigation of possible criminal activity on this system. If you are not an authorized User of such restricted areas or do not consent to continued monitoring, you should not attempt to access such restricted areas.
Authorized Users of restricted areas are responsible for maintaining the security and confidentiality of your password. Refrain from sharing your password with anyone. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, contact Viti Companies. Viti Companies will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.
CONTACTING VITI COMPANIES
The Viti Companies contact system is a private system intended only for purposes authorized by Viti Companies. You are not authorized to send numerous unsolicited commercial messages to Viti Companies. Viti Companies reserves the right to take actions as may be necessary to prevent misuse of its system by unauthorized parties.
DATA COLLECTED
As a principle, Viti Companies never discloses User information to a third party without the prior consent of the User. However, User information or other personal information may be disclosed without the prior consent of the User when disclosure is required by law, when disclosure has been determined by Viti Companies to be necessary in order to protect Viti Companies, or when carrying out operations in cooperation with companies affiliated with Viti Companies. In such cases, Viti Companies demands that the affiliated companies carry out appropriate management in relation to the handling of User information.
Viti Companies Users consent to Viti Companies’ Privacy Policy.
INTERRUPTION OF SERVICE
From time to time, Viti Companies may carry out system maintenance with or without prior warning. We will do our best to keep these maintenance windows to a minimum, but Viti Companies cannot be responsible for any damages caused to you in relation to this maintenance or site outages.
INTELLECTUAL PROPERTY
Viti Companies shall own exclusive rights, including all intellectual property rights, to its Website.
EXCLUSION OF LIABILITY
Viti Companies bears no responsibility for impairment incurred due to unpredictable factors or factors unrelated to management of Viti Companies; damages caused by interruption, outage, data loss, or unauthorized access caused by such impairment; and damages related to the Users of the Viti Companies services.
THIRD PARTY WEBSITES
This Agreement and any related terms apply only to this Website and the services provided by Viti Companies. We may provide links to access other websites that are not operated or controlled by Viti Companies. The terms of this Agreement do not apply to any third-party websites.
GOVERNING LAW
Any dispute or claim arising out of or related to this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Chicago, Illinois under the American Arbitration Association Rules (the “Rules”) by one arbitrator appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. This Agreement shall be governed by the law of Illinois.
SEVERABILITY
If any term or provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality or enforce-ability of the remaining terms and provisions will not in any way be affected or impaired thereby.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
VITI COMPANIES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH VITI COMPANIES ARE PROVIDED BY VITI COMPANIES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VITI COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH VITI COMPANIES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, VITI COMPANIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VITI COMPANIES DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, VITI COMPANIES’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM VITI COMPANIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, VITI COMPANIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY VITI COMPANIES SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CHANGES
We may alter this Agreement from time to time. If we do, we will post an updated Agreement to the Website with the effective date of the new agreement. Each User is responsible for regularly reviewing this Agreement for any changes. Your continued use of this Website or use of Viti Companies’ services constitutes consent to all such changes.
CONTACT
We will always provide contact information on our Website. Please contact us at info@viticompanies.com at any time with any questions about this Agreement or the related terms herein.
EFFECTIVE DATE
This Agreement is effective as of October 9, 2019.
