Terms of Use

Terms of Use

IMPORTANT NOTICE. USE OF THIS WEBSITE IS SUBJECT TO VARIOUS TERMS, CONDITIONS AND RESTRICTIONS ON USE AS LISTED BELOW. PLEASE READ THESE TERMS, CONDITIONS AND RESTRICTIONS CAREFULLY AND DO NOT ATTEMPT TO ACCESS OR USE THE WEBSITE UNLESS YOU UNDERSTAND THEM THOROUGHLY. BY ACCESSING OR USING THE WEBSITE YOU, AND ANY PARTIES YOU REPRESENT, AGREE TO BE BOUND BY THESE TERMS, CONDITIONS AND RESTRICTIONS ON USE.

A. Definitions

"You", means and natural or artificial person, or entity, using this website.

"Vodigy", means Vodigy, Inc.; their susidiaries, parents, divisions and affiliates.

"Website" or "this Website", means the website and its address, appearance, configuration, architecture and content, including all data, material or information found on or within it.

"Information", means all facts, statements, equations, propositions, symbols, numbers and data and any numerical, written or symbolic expression of any kind or description.

B. Who May use This Website.

This Website is provided by Vodigy, Inc.; their susidiaries, parents, divisions and affiliates. It is made available only to entities and persons who can enter into legally binding agreements.

C. Ownership of this Website and Information On or Within It.

The website, web address, and all information, data, marks and material displayed within or on this website are the intellectual property of, and owned or licensed by, Vodigy and protected under various laws including those of copyright, trade secret, trade and service marks or dress and unfair competition. This intellectual property may not in any fashion, with or without commercial benefit, be copied, reproduced, uploaded, shared, modified, leased, licensed, loaned, sold or re-sold, transmitted or re-transmitted, imported, publicly performed, distributed, displayed, posted, reverse-engineered, translated, modified, altered, disseminated, republished or used in derivative works by you, or any entities or persons you are affiliated with or which/who are under your direction or control, without the express and advance written permission of Vodigy. Any such prohibited use is a violation of the ownership rights of Vodigy and will disqualify you from use of the website and give Vodigy the right to seek any and all legal remedies to protect its rights under law.

D. Permission to Use Website and Information In or On this Website.

Provided that you are not in violation of any of its terms of use, Vodigy grants you the limited license to access this Website and use information found within it, provided Vodigy defines such use as permissible. This license may not be leased, sold, conveyed or shared by you with any third parties without the express and advance written permission of Vodigy. Your license of use does not convey to you any express or implied proprietary or ownership rights in the Website or the information contained on or within it. Your license of use is limited only to uses which conform to the terms and conditions of use herein. Your use of this Website does not create any relationship of agency, join venture, partnership or employment with Vodigy.

E. Changes and Modifications to Terms of Use and Website Information.

1. Terms and Conditions of Use
   The terms and conditions of use of this website may be changed, altered, modified, deleted, updated or supplemented at any time by Vodigy, in its sole discretion with or without notice in advance. Your use of the Website at any time means that you accept any and all terms or conditions of use in existence at that time.
2. Website and Information
   Vodigy may revise, cancel, modify, change or update this Website and any information found in or on this Website at any time, with or without advance notice.

F. Prohibited Uses

The following uses are not permitted:

1. Disguising the origin of information transmitted into or through the Website.
2. Placing false or misleading information on the Website.
3. Uploading into the Website any data or information which contains viruses or any programming routines or protocols intended to damage, interfere with, intercept or expropriate the Website, or any information or system found within it.
4. Using this Website to transmit, transfer, upload or otherwise publish or disseminate:
   1. Any false or defamatory claim or representation, or
   2. Any data or information containing viruses or any programming routines or protocols which are intended to, or do, damage or interfere with any website accessed through a link or hyper-link found in or on this Website.
5. Using this Website in any manner which Vodigy determines, in its sole discretion, to adversely affect or interfere with its operation or tend to adversely affect its reputation in the marketplace.

G. Information You Send to the Website.

Vodigy assumes that any information that you send to the Website meets the following criteria:

1. For any personal or confidential information you have provided about any entity or person, that you have obtained all necessary consent in advance from the person or entity to share such information.
2. By sending information to this Website you grant Vodigy unrestricted and irrevocable permission to use, display, modify, transmit and reproduce such information, including any ideas, concepts, techniques or know how found in, or derived from, such information, subject only to the Data Privacy Policy of Vodigy.

H. Disclaimer of All Warranties

Vodigy makes no representations, express or implied, concerning access to this Website, the information or content of the Website, and any results derived from using the Website and makes no representations of any kind, express or implied, concerning the accuracy, integrity, safety, content or results derived from use of any website accessed or used through links or hyper-links found in or on this Website. This Website and its content are provided on an “as is” basis and your use of this Website is at your own risk.

VODIGY MAKES NO WARRANTIES OF ANY SORT, EXPRESS OR IMPLIED CONCERNING THIS WEBSITE; THE DATA, MATERIALS OR INFORMATION CONTAINED WITHIN IT; OR THE USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTTED BY APPLICABLE LAW VODIGY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCAHNTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

I. Limitation of Liability.

TO THE EXTENT THAT VODIGY AND/OR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS AND DIRECTORS MAY BE FOUND IN A LEGAL PROCEEDING TO BE RESPONSIBLE FOR DAMAGES, SUCH RESPONSIBILITY SHALL BE FOR ACTUAL DAMAGES ONLY AND THE FOREGOING PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE DATA, MATERIALS OR INFORMATION FOUND WITHIN IT. THESE RESTRICTIONS APPLY ONLY TO THE EXTENT OF APPLICALBE LAW.

J. Governing Law

These Terms of Use shall be governed, interpreted and enforced in accordance with the laws of the State of Minnesota. Any legal action you bring against Vodigy shall be brought only in the State or Federal courts of Dakota County, Minnesota, and you expressly consent to the jurisdiction of said courts.

Should any provision, or portion thereof, of these Terms of Use be found void, illegal or unenforceable, the remaining provisions shall be deemed discreet and severable and their validity and enforceability shall not be impaired. Any failure of Vodigy to pursue its legal remedies in the event of any violation of these Terms of Use shall be in its sole discretion and shall not be interpreted as a waiver of any right or remedy concerning future violations.

K. Complete Agreement.

Unless modified in a writing signed by Vodigy, these Terms of Use constitute the entire agreement between you and Vodigy concerning access to and use of this website and supersede any and all prior or contemporaneous written or verbal discussions, conversations, communications and agreements concerning the subject matter hereof.