VCP General Terms and Conditions
This “Terms of Use” is a binding contract between you and H3 Financial Services Incorporated, doing business as VCP. The Terms of Use governs your use of this Web Site and any content, products, or services made available from or through this Web Site, including any subdomains thereof (“Web Site”). The Web Site is made available by VCP.
Please read this Terms of Use carefully before accessing any part of the Web Site. If you do not agree with the Terms of Use, or do not otherwise wish to be bound by the terms and conditions set forth herein, please do not access the Web Site. If there is any contradiction between the Terms of Use and another agreement you enter into applicable to specific aspects of the Web Site, the other Agreement shall take precedence in relation to the specific aspects of the Web Site to which it applies. This Web Site is intended solely for users who are US residents who are eighteen (18) years of age or older. Any registration by, use of, or access to the Web Site by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Web Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of these Terms of Use. You agree to use the Web Site only for lawful purposes. You are prohibited from any use of the Web Site that would constitute a violation of any applicable law, regulation, rule, or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Web Site, including but not limited to unauthorized entry into VCP’s systems, misuse of passwords, or misuse of any information posted on the Web Site is strictly prohibited. VCP makes no claims concerning whether the Web Site may be downloaded or is appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by VCP.
Unless otherwise set out herein, content comprised within the web site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code, and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel,” and arrangement of such Content is owned by VCP, its licensors, or its content providers and is protected by copyright, trademark, and other intellectual property and unfair competition laws.
You may not engage in the systematic retrieval of Content from the Web Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission.
You may not use any robots, spiders, crawlers, or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link, or index any Content; (ii) harvest personal information from the Web Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Web Site or any other person’s use of the Web Site. If the Web Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software, or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Web Site, any other systems or networks connected to the Web Site, or any of the products or services provided on, accessed from, or distributed through the Web Site. You may not probe, scan, or test the vulnerability of the Web Site or any network connected to the Web Site or attempt to breach the security or authentication measures on the services or any network connected to the Web Site.
You may not, without the approval of VCP, use the Web Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Web Site to use any goods or services. For example (but without limitation), you may not use the Web Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Web Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
Registration Data; Account Security
In consideration of your use of the Web Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Web Site; (b) maintain the security of your password and identification; (c) maintain and promptly update your registration data, and any other information you provide as part of using this Web Site, to keep it accurate, current, and complete.; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Intellectual Property
The information on this Web Site, including without limitation the look and feel of the Web Site and all design, text, images, trademarks, tradenames, logos, white papers, press releases and other information, and all software products advertised, presented or discussed therein, is protected under United States and other copyright laws and is owned by VCP or used under license from the owner of the respective intellectual property rights. In addition, all rights, title and interest in all servers and server-based technology related to the Web Site, including, without limitation, protocols, parameters, designs, specifications, user identification algorithms, and technology underlying such algorithms are owned by VCP. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without VCP’s prior written consent, except to the extent that such use is expressly authorized under the United States copyright laws. VCP’s trademarks, tradenames, logos, images, and service marks used on this Web Site are the property of VCP and may not be used without prior written permission from VCP and then only with proper acknowledgment.
Confidential InformationVCP discourages you from sending or posting to the VCP Web Site any information that you consider to be confidential or proprietary. Please note that if you do send or post any such information or material, VCP will assume that it is not confidential. By sending or posting any information or material, you grant VCP a worldwide, royalty free, unrestricted, fully transferable, perpetual and irrevocable license to use, reproduce, display, perform, modify, transmit, create derivative works (as that term is defined by United States copyright laws) from, and distribute those materials or information (including any derivative works) in any form or medium anywhere, and you agree that VCP is free to use any ideas, concepts, know-how or techniques that you send or post for any purpose. In addition, by transmitting, uploading, posting, or submitting any information to or through the Web Site you warrant that no other party has rights to the information and that your transmission, posting, uploading or submission of such information to or through the Web Site does not violate any copyright or other laws.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
While VCP attempts to make sure that only accurate and up-to-date information is presented on this Web Site, VCP assumes no responsibility for, and makes no representations with respect to, the accuracy of any information presented here. Therefore, the Web Site and all materials and information contained therein are presented on an “AS IS” and “AS AVAILABLE” basis. YOU EXPRESSLY AGREE THAT ENTERING OR USING THE WEB SITE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM – EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE – INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR USE OF THE WEB SITE, IS GIVEN OR ASSUMED BY VCP; ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, AND TERMS ARE HEREBY EXPRESSLY EXCLUDED. VCP MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. VCP DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING, CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF YOU TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM. IN NO EVENT SHALL VCP BE LIABLE TO ANY PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION PRESENTED IN THE WEB SITE, LOSS OF PROGRAMS OR INFORMATION, LOSS OR INTERRUPTION OF BUSINESS, OR LOSS OF PROFITS OR REVENUES), OR ANY OTHER DAMAGES ARISING – IN ANY WAY, SHAPE OR FORM – OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE WEB SITE, EVEN IF VCP SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL VCP BE LIABLE TO ANYONE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE WEB SITE OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING FROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
Privacy
VCP recognizes and respects the privacy of users of this Web Site. You can review our current Privacy Policy by clicking here. Our Privacy Policy is incorporated herein and made a part of this Agreement.
Governing Law
The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims, actions, disputes, or demands relating to the Web Site or to the materials on it. You agree to personal jurisdiction by and venue in the state and federal courts in Orange County, California.
Availability
This Web Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Web Site, no distribution or solicitation is made by VCP to any person to use the Web Site in jurisdictions where the provision of the Web Site and/or content is prohibited by law.
Export Regulations
The Web Site and the information and other content contained therein is further subject to United States export controls. No such information or content may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the US has embargoed goods; or (ii) to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. By accessing the Web Site or by downloading or using such information, content, and/or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Monitoring of the Web Site
VCP has no obligation to monitor the Web Site; however, you acknowledge and agree that VCP has the right to monitor the Web Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Web Site, or to protect itself or other users of the Web Site. Merchant certifies that it has read, understands, and will comply with the following:
NOTICE TO USERS OF CONSUMER REPORTS: OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FCRA), 15 USC. 1681-1681y, requires that this notice be provided to inform users of consumer reports of their legal obligations. State law may impose additional requirements. The text of the FCRA is set forth in full at the Federal Trade Commission’s web site at www.ftc.gov/credit. User duties are also available at the commission’s web site. Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA. Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. (Sections 616, 617, and 621) In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. (Section 619) All users of consumer reports should become familiar with the law and may want to consult with their counsel to ensure that they are in compliance.
NOTICES TO FURNISHERS OF INFORMATION: OBLIGATIONS OF FURNISHERS UNDER THE FCRA
The federal Fair Credit Reporting Act (FCRA), as amended, imposes responsibilities on all persons who furnish information to consumer reporting agencies (CRAs). These responsibilities are found in Section 623 of the FCRA. State law may impose additional requirements. All furnishers of information to CRAs should become familiar with the law and may want to consult with their counsel to ensure that they are in compliance. The FCRA, 15 USC. 1681-1681u, is set forth in full at the Federal Trade Commission’s web site (http://www.ftc.gov). The text of the FCRA is set forth in full at the Federal Trade Commission’s web site at www.ftc.gov/credit.
NOTICE TO USERS OF CONSUMER INFORMATION: THE GRAMM-LEACH-BLILEY ACT
Protecting the privacy of consumer information held by “financial institutions” is at the heart of the financial privacy provisions of the Gramm-Leach-Bliley Financial Modernization Act of 1999. The GLB Act requires companies to give consumers privacy notices that explain the institutions’ information-sharing practices. In turn, consumers have the right to limit some – but not all – sharing of their information. The FTC is one of eight federal regulatory agencies that has the authority to enforce the financial privacy law, along with the state insurance authorities. The federal banking agencies, the Securities and Exchange Commission, and the Commodity Futures Trading Commission have jurisdiction over banks, thrifts, credit unions, brokerage firms, and commodity traders. The FTC has additional details on the GLB Act, the Commission’s Privacy Rule, and a compliance guide for small business owners at www.ftc.gov/privacy. All users of consumer reports should become familiar with the law and may want to consult with their counsel to ensure that they are in compliance.
Entire Agreement
These Terms of Use contain the entire Agreement between you and VCP regarding the use of the Web Site. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect.
Miscellaneous
VCP reserves the right in its sole discretion to (i) make improvements, corrections, adaptations, conversions and/or any other change in the Web Site, or any part thereof, or (ii) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, the Web Site or any part thereof, without notice to any third party, for any reason or no reason. VCP may change this Terms of Use from time to time, in its sole discretion, and without prior notice to you or any other user of the Web Site. You may review the current Terms of Use at any time by visiting this “Terms of Use” page, and users are responsible for reviewing the page from time to time to ensure compliance. Any changes to these Terms of Use shall become effective three days after the “last updated” date at the beginning of the respective Terms of Use.
