Terms and Conditions (Terms of Service) VanDruff Consulting Inc.

 

1. General
This website http://www.vandruffconsulting.com (the “Site”) is owned and operated by VanDruff Consulting Inc.

(Herein after “VCI”). By using the Site, you agree to be bound by
these Terms of Service & Conditions and to use the Site in accordance with these Terms of
Service & Conditions, our Privacy Policy, and any additional terms and conditions that may
apply to specific sections of the Site or to products and services available through the Site or
from VCI.

Entering or Accessing the Site, interacting, or purchasing from the Site in any manner,
whether automated or otherwise, constitutes “Use of the Site” and your agreement to be
bound by these Terms of Service. We reserve the right to change these Terms of Service or
to impose new conditions on use of the Site, from time to time, in which case we will post the
revised Terms of Service on this website. By continuing to use the Site after we post any
such changes, you accept the Terms of Service, as modified. Any changes to the terms and
conditions will be posted on the website under the Terms of Service Page.

2. Intellectual Property Rights
Our Limited License to You:
• This Site and all the materials available on the Site are the property of VCI and its
authorised representatives, and are protected by copyright, trademark, and other
intellectual property laws.
• The Site is provided solely for your personal non-commercial use. You may not use the
Site or the materials available on the Site in a manner that constitutes an infringement
of our rights or that has not been authorized by VCI or its authorised representatives.
• More specifically, unless explicitly authorized in these Terms of Service or by the
owner of the materials, you may not modify, copy, reproduce, republish, upload, post,
transmit, translate, sell, create derivative works, exploit, or distribute in any manner or
medium (including by email or other electronic means) any material from the Site.
• You may, however, from time to time, download and/or print one copy of individual
pages of the Site for your personal, non-commercial use, if you keep intact all copyright
and other proprietary notices.

Your License to Us:
By posting or submitting any material (including, without limitation, comments and
photos) to VCI via the Site, you are representing:

• That you are the owner of the material or are making your posting or submission with
the express consent of the owner of the material; and
• That you are thirteen years of age or older (Some services and products may and do
require an individual to be of adult age – 18 years or older – as per California and
Federal Law).

• In addition, when you submit or post any material, you are granting us, and anyone
authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted,
worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works
from, distribute, and/or publicly perform or display such material, in whole or in part, in
any manner or medium, now known or hereafter developed, for any purpose.
• You agree to indemnify VCI against any claims resulting from your submissions and
interactions with VCI and the Site.

The foregoing grant shall include the right to exploit any proprietary rights in such posting or
submission, including, but not limited to, rights under copyright, trademark, service mark or
patent laws under any relevant jurisdiction. Also, in connection with the exercise of such
rights, you grant VCI, and anyone authorized by VCI:

• The right to identify you as the author of any of your postings or submissions by name
or email address, as we deem appropriate.

• You acknowledge that we have the right but not the obligation to use and display any
postings or contributions of any kind and that VCI may elect to cease the use and
display of any such materials (or any portion thereof), at any time for any reason
whatsoever.

3. Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third
parties. Our linking to such third-party sites does not imply an endorsement or sponsorship
of such sites, or the information, products or services offered on or through the sites. In
addition, neither we nor affiliates operate or control in any respect any information, products
or services that third parties may provide on or through the Site or on websites linked to by
us on the Site.

• If applicable, any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information providers,
are those of the respective authors or distributors, and not VCI.

• Neither VCI nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content.

• Furthermore, VCI neither endorses nor is responsible for the accuracy and reliability of
any opinion, advice, or statement made on any portion of the Site by anyone other than
an authorized VCI representative while acting in his/her official capacity.

• VCI is not responsible for damage and loss due to clicking on 3rd party links not
affiliated with VCI or the Site.

• VCI is not responsible for the actions of 3rd parties who may provide information,
products, or services through the Site.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE
SITE AND BY VCI AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT ANY PART OF THIS SITE, INCLUDING COMMENT FIELDS, OR THE SERVERS
THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS
ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

• You agree at all times to defend, indemnify and hold harmless VCI, its affiliates, their
successors, transferees, assignees and licensees and their respective parent and
subsidiary companies, agents, associates, officers, directors, shareholders and
employees of each from and against any and all claims, causes of action, damages,
liabilities, costs and expenses, including legal fees and expenses, arising out of or
related to your breach of any obligation, warranty, representation or covenant set forth
herein.

4. Online Commerce

• If you make a purchase from a merchant on a site linked to by the Site, the information
obtained during your visit to that merchant’s online store or site, and the information
that you give as part of the transaction, such as your credit card number and contact
information, may be collected by both the merchant and VCI and will be treated as
defined by the Privacy Policy.

• A merchant may have privacy and data collection practices and/or terms and
conditions that are different from VCI. VCI carries no responsibility or liability for these
independent policies.

• In addition, when you purchase products or services on or through the Site, you may
be subject to additional terms and conditions that specifically apply to your purchase or
use of such products or services. (For more information regarding a merchant, its
online store, its privacy policies, and/or any additional terms and conditions that may
apply, visit that merchant’s website and click on its information links or contact the
merchant directly).

• You release VCI and its affiliates from any damages that you incur and agree not to
assert any claims against VCI or its affiliates, arising from your purchase or use of any
products or services made available by third parties through the Site.

• Your participation, correspondence or business dealings with any third party found on
or through the Site, regarding payment and delivery of specific goods and services,
and any other terms, conditions, representations or warranties associated with such
dealings, are solely between you and such third party.

• You agree that VCI shall not be responsible or liable for any loss, damage, or other
matters of any sort incurred as the result of such dealings.

• You agree to be financially responsible for all purchases made by you or someone
acting on your behalf through the Site.

• You agree to use the Site and to purchase services or products through the Site for
legitimate, non-commercial purposes only.

• You also agree not to make any purchases for speculative, false or fraudulent
purposes or for the purpose of anticipating demand for a particular product or service.

• You agree to only purchase goods or services for yourself or for another person for
whom you are legally permitted to do so.

• When making a purchase for a third party that requires you to submit the third party’s
personal information to VCI or any merchant, you represent that you have obtained
the express consent of such third party to provide such third party’s personal
information.

5. Currency

• All sales are billed in $USD (United States Dollars).

• You agree that you are responsible for foreign currency transaction fees for users
outside of the U.S.

• You agree that you are responsible for foreign exchange fees.

6. Refund Policy

• All products and/or services offered by the Site may be refunded at the discretion of
VCI. Otherwise, all sales for products and/or services are final.
(Please refer to each product or services individual refund policy for that relevant
information or reach out to VCI directly by phone or email).

7. Interactive Features

Participant Responsibility:

This Site may include a variety of features, such as comment fields and email services,
which allow feedback to us and real-time interaction between users, and other features
which allow users to communicate with others. Responsibility for what is posted on
comment fields and other public posting areas on the Site, or sent via any email services
on the Site, lies with each user – you alone are responsible for the material you post or
send. We do not control the messages, information or files that you or others may
provide through the Site.

It is a condition of your entering the site, using of the Site and/or purchasing
through the Site, that you do not:
● Restrict or inhibit any other user from using and enjoying the Site.
● Use the Site to impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
● Interfere with or disrupt any servers or networks used to provide the Site or its features,
or disobey any requirements, procedures, policies or regulations of the networks we
use to provide the Site.
● Use the Site to instigate or encourage others to commit illegal activities or cause injury
or property damage to any person.
● Gain unauthorized access to the Site, or any account, computer system, or network
connected to this Site, by means such as hacking, password mining or other illicit
means.
● Obtain or attempt to obtain any materials or information through any means not
intentionally made available through this Site.
● Use the Site to post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information of any
kind, including without limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability or otherwise violate
any local, state, national or international law.
● Use the Site to post or transmit any information, software or other material that violates
or infringes upon the rights of others, including material that is an invasion of privacy or
publicity rights or that is protected by copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first obtaining permission from the owner
or rights holder.
● Use the Site to post or transmit any information, software or other material that
contains a virus or other harmful component.
● Use the Site to post, transmit or in any way exploit any information, software or other
material for commercial purposes, or that contains advertising.
● Use the Site to advertise or solicit to anyone to buy or sell products or services, or to
make donations of any kind, without our express written approval.
● Gather for marketing purposes any email addresses or other personal information that
has been posted by other users of the Site.
● Purchase, download or copy any products or services from this site and use to pirate
VCI’s or it’s affiliate’s content.
● VCI may host message boards, chats and other public forums on its Sites. Any user
failing to comply with the terms and conditions of this Agreement may be expelled from
and refused continued access to the message boards, chats or other public forums in
the future. VCI or its designated agents may remove or alter any user-created content
at any time for any reason. Message boards, chats and other public forums are
intended to serve as discussion centers for users and subscribers. Information and
content posted within these public forums may be provided by VCI staff, VCIs outside
contributors, or by users not connected with VCI, some of whom may employ
anonymous usernames.

VCI expressly disclaims all responsibility and endorsement and makes no representation as
to the validity of any opinion, advice, information or statement made or displayed in these
forums by third parties, nor are we responsible for any errors or omissions in such postings,
or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates,
suppliers or agents be liable for any loss or damage caused by your reliance on information
obtained through these forums. The opinions expressed in these forums are solely the
opinions of the participants, and do not reflect the opinions of VCI or any of its subsidiaries
or affiliates. VCI has no obligation whatsoever to monitor any of the content or postings on
the message boards, chat rooms or other public forums on the Sites.
• However, you acknowledge and agree that we have the absolute right to monitor the
same at our sole discretion.

• In addition, we reserve the right to alter, edit, refuse to post or remove any postings or
content, in whole or in part, for any reason and to disclose such materials and the
circumstances surrounding their transmission to any third party in order to satisfy any
applicable law, regulation, legal process or governmental request (national or
international) and to protect ourselves, our clients, sponsors, users and visitors.

Registration:

• To access certain features of the Site, we may ask you to provide certain demographic
information including your name and email address.

• In addition, if you elect to sign-up for a particular feature of the Site, such as comment
field, you may also be asked to register with us on the form provided and such
registration may require you to provide personally identifiable information such as your
name and email address.

• You agree to provide true, accurate, current and complete information about yourself
as prompted by the Site’s registration form.

If we have reasonable grounds to suspect that such information is untrue, inaccurate, or
incomplete, we have the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof). VCI use of any personally
identifiable information you provide to us as part of the registration process is governed by
the terms of our Privacy Policy.

Passwords:

To use certain features of the Site, you will need a username and password, which you
will receive through the Site’s registration process.

• You are responsible for maintaining the confidentiality of the password and account
and are responsible for all activities (whether by you or by others) that occur under
your password or account.

• You agree to notify us immediately of any unauthorized use of your password or
account or any other breach of security, and to ensure that you exit from your account
at the end of each session.

• We cannot and will not be liable for any loss or damage arising from your failure to
protect your password or account information.

8. Limitation of Liability:

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR
INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR
SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE
AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, VCI LIABILITY
AND THE LIABILITY OF VCI AFFILIATES IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY CALIFORNIA STATE LAW.)

• You specifically acknowledge and agree that VCI and its affiliates are not liable for any
defamatory, offensive or illegal conduct of any user.

• If you are dissatisfied with the site, any materials, products, or services on the site, or
with any of the site’s terms and conditions, your sole and exclusive remedy is to
discontinue using the site and the products, services and/or materials.

• This site is continually under development and VCI makes no warranty of any kind,
implied or express, as to its accuracy, completeness or appropriateness for any
purpose.

• You acknowledge and agree that no representation has been made by VCI or its
Affiliates and relied upon as to the future income, expenses, sales volume or potential
profitability that may be derived from the participation in or purchase of any product or
service on this Site.

All links are for information purposes only and are not warranted for content, accuracy or any
other implied or explicit purpose.

Force Majeure:

• VCI and its Affiliates cannot and do not hold responsibility for circumstances beyond
their control (e.g., natural disasters, pandemics, 3rd party failures, etc.).

9. Additional Information

DMCA:

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet infringes their rights
under the U.S. copyright law.

• If you believe in good faith that materials hosted by VCI infringe your copyright, you, or
your agent may send to VCI a notice requesting that the material be removed or
access to it be blocked.

• Any notification by a copyright owner or a person authorized to act on its behalf that
fails to comply with requirements of the DMCA shall not be considered sufficient notice
and shall not be deemed to confer upon VCI actual knowledge of facts or
circumstances from which infringing material, or acts are evident.

• If you believe in good faith that a notice of copyright infringement has been wrongly
filed against you, the DMCA permits you to send to VCI a counter-notice.

• All notices and counter notices must meet the then current statutory requirements
imposed by the DMCA; see http://www.loc.gov/copyright for details.

• VCI’s Copyright Agent for notice of claims of copyright infringement or counter notices
can be reached as follows: mv@vandruffconsulting.com

Assignment:

• This Agreement shall be binding upon and inure to the benefit of VCI and our
respective assigns, successors, heirs, and legal representatives. Neither this
Agreement nor any rights hereunder may be assigned without the prior written consent
of VCI. Notwithstanding the foregoing, all rights and obligations under this Agreement
may be freely assigned by VCI to any affiliated entity or any of its wholly owned
subsidiaries.

• You agree that your rights cannot be transferred without written permission from VCI.

• You agree that you cannot and will not be able to transfer ownership of your account,
benefits thereof, or services purchased through VCI or its Affiliates.

Choice of Law:

• These Terms of Use shall be governed by and construed in accordance with the state
of California.

• If any provision of this agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this agreement and
shall not affect the validity and enforceability of any remaining provisions.

• You agree to submit to the jurisdiction of California, USA for any disputes arising under
these terms.

• By using the Site, in the case of a dispute, you agree to make notice in writing to VCI
the nature of the dispute within 30 days of the original date of dispute. Furthermore,
you agree to attempt to resolve the dispute directly with VCI for no less that 30 days
prior to seeking legal action or damages.

Copyrighted by VanDruff Consulting Inc.. ALL rights reserved. No part of this Site
or products and services contained therein may be copied, or changed in any format, sold,
or used in any way other than what is outlined without express permission from VanDruff Consulting Inc.

Cookie Policy:

VCI, in accordance with the Americans with Disabilities Act (ADA), will to the best of its
ability provide accommodations to those with Disabilities upon written request.
Termination of Use:

• VCI retains the right to terminate use of the Site or any services on behalf of itself or
its Affiliates at their own discretion without written or verbal notice. (e.g. violation of the
terms of service, violation of California and Federal Law, etc.).

• VCI reserves the right to refuse service to anyone as per California Law.
Contacting Us

SMS Policy:

By contacting VCI through the site, you do agree to share your SMS/Text phone number for the purpose of relevant communication.

• VCI does not share your personal information or contact with any third parties.

 

• Privacy and the Terms & Conditions above apply to the SMS/Text policy

 

To opt out of SMS/Text communication, please contact us through mv@vandruffconsulting.com

If there are any questions regarding these Terms and Conditions, you may contact us at:

mv@vandruffconsulting.com