website Terms and conditions of use

Last updated April 25, 2016

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

VeraCloud Technologies Inc. ("VeraCloud") maintains this web site as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

This web site, and the information which it contains, is the property of VeraCloud and its licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "VERACLOUD", the “V” logo and WE MAKE WORK HAPPEN” are trademarks of VeraCloud under the applicable laws of the United States and other countries.

All other product names are trademarks or registered trademarks of their respective owners.

Use of VeraCloud Web Site and Its Content

The information contained in this Site is for general guidance on topics selected by VeraCloud. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this web site. The information on this web site is provided with the understanding that VeraCloud and various authors and publishers' providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors.

VeraCloud may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this web site, you agree to indemnify, hold harmless and defend VeraCloud from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that VeraCloud authorizes you to view, copy, download, and print VeraCloud documents (such as white papers, press releases, data sheets, and FAQs) that are available on this web site, subject to the following conditions:

1.The documents may be used solely for noncommercial, informational purposes.

2.The documents may not be modified.

3.Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of VeraCloud or such third party that may own the trademark or copyright of material displayed on this web site.

Accuracy of Content and Future Modifications to Web Site

The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors.

VeraCloud reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

Standards of User Conduct

You may not use this web site and its related services (the "Site") to:

(i) transmit via or through the Site any information, data, text, images, files, links, software, communication or other materials ("Content") that is or which VeraCloud considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, offensive, or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable;

(ii) sell or promote any products or services that are unlawful in the location at which the Content is posted or received;

(iii) sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;

(iv) introduce viruses, worms, Trojan horses and/or harmful code on the Internet;

(v) display material that exploits, or otherwise exploit, children under 18 years of age;

(vi) post any Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;

(vii) promote, solicit or participate in multi-level marketing or pyramid schemes;

(viii) harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;

(ix) impersonate any other person, including but not limited to, a VeraCloud official;

(x) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);

(xi) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our Site;

(xii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or

(xiii) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Site.

Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting VeraCloud’s copyright agent (identified below) and providing the following information:

1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3) Your name, address, telephone number and (if available) e-mail address.

4) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6) A signature or the electronic equivalent from the copyright holder or authorized representative.

VeraCloud’s agent for copyright issues relating to this Site is as follows:

WilmerHale

60 State Street

Boston, MA 02109

Email: Michael.bevilacqua@wilmerhale.com

Phone: 617-526-6448

Fax: 617-526-5000

In an effort to protect the rights of copyright owners, VeraCloud maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

No Warranties

INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS SITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, VERACLOUD DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Product descriptions and specifications are subject to change. VeraCloud periodically adds or updates the information and documents on this web site without notice.

It is the user's responsibility to ascertain whether any information downloaded from this Site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL VERACLOUD BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF VERACLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VERACLOUD 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO VERACLOUD DURING THE MOST RECENT THREE-MONTH PERIOD IN CONNECTION WITH AMOUNTS WHICH YOU PAID FOR USING THIS SITE.

Links to Third-Party Web Sites

This Site may contain links to non-VeraCloud web sites. These links are provided to you as a convenience, and VeraCloud is not responsible for the content of any linked web site. Any outside web site accessed from the VeraCloud web site is independent from VeraCloud, and VeraCloud has no control over the content of that web site. In addition, a link to any non-VeraCloud web site does not imply that VeraCloud endorses or accepts any responsibility for the content or use of such a web site.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by VeraCloud of that third party or of any product or service provided by a third party.

Jurisdictional Issues

VeraCloud makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to VeraCloud and Affiliated Servers

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to VeraCloud through this Site is the exclusive property of VeraCloud. VeraCloud is entitled to use any information submitted for any purpose, without restriction (except as stated in VeraCloud's Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to VeraCloud and accepts responsibility for its accuracy, appropriateness, and legality.

Enforcement of Terms and Conditions

These Terms and conditions are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, VeraCloud shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. VeraCloud may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by VeraCloud, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please contact us: doug@veracloud.us.