Terms of Use
VTEST is a division of VTEST Corp (“we”, “our” or “us”) maintains websites (“sites”) which provide services and information to you subject to the following terms and conditions (“Terms of Use”). These Terms of Use govern your use of the sites and other digital content services, such as mobile device connectivity. Please read the Terms of Use carefully. Your use of the sites signifies your agreement to these Terms of Use. Separate terms and conditions may apply to other Stonebridge Acquisition, Inc., services or business transactions.
ELECTRONIC COMMUNICATIONS
When you visit the sites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by email, text messaging, or by posting notices on the sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY
Trademarks – The trademarks, trade dress, logos, and service marks (collectively the “trademarks”) displayed on the sites are registered and unregistered trademarks of Stonebridge Acquisition, Inc., its divisions, its third-party licensors and others. You are not permitted to use any of the trademarks displayed on the sites, without the prior, express written consent of Stonebridge Acquisition, Inc., its divisions, or the third-party licensors that may own the trademark. You may not use any hyper or HTML links, meta tags or any other “hidden text” utilizing Stonebridge Acquisition, Inc.’s or its divisions’ name or trademarks without the express written consent of Stonebridge Acquisition, Inc., its divisions, or third-party licensors. All rights reserved.
Sites Materials – All trademarks and materials displayed on, or contained within the sites, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the “materials”), are the property of Stonebridge Acquisition, Inc., its divisions or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the sites and the materials are the property of Stonebridge Acquisition, Inc., its divisions and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the sites or in the materials. You may download a copy of the materials for your personal non-commercial use. You may not frame or utilize framing techniques to enclose any materials or trademark or other proprietary information (including images, text, page layout, or form) of Stonebridge Acquisition, Inc., or its affiliates without the express written consent of Stonebridge Acquisition, Inc.
Any copies that you make of the materials must retain all our copyright and other notices. Except as expressly provided for in this Terms of Use, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the sites, including, but not limited to, any materials, in whole or in part, to any third party; (ii) participate in the transfer, license or sale of any content on the sites, including, but not limited to, the materials; or (iii) create derivative works or in any way exploit any content on the sites, including, but not limited to, the materials. No portion of the content on the sites may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.
PERMISSIBLE USE
You agree that you shall not use the sites: (a) to delete, modify, hack
or attempt to change or alter any of the materials on the sites; (b) for
any unlawful purpose; (c) to solicit others to perform or participate
in any unlawful acts; (d) to violate any international, federal, or
state regulations, rules, laws, or local ordinances; (e) to infringe or
violate our intellectual property rights or the intellectual property
rights of others; (f) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (g) to submit false or misleading information; (h) to upload
or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation
of our sites, other websites, or the Internet; (i) to collect or track
the personal information of others; (j) to spam, phish (email fraud),
pharm (web traffic redirection fraud), pretext, spider, crawl, or
scrape; (k) for any obscene or immoral purpose; or (l) to interfere with
or circumvent the security features of our sites, other websites, or
the Internet. We reserve the right to terminate your use of our sites
for violating any of the prohibited uses. We may fully cooperate with
any law enforcement agency or authorities, or court order requesting or
directing disclosure of the identity of anyone suspected of use of the
sites for illegal purposes.
USER OBLIGATION
By using the sites, you represent and warrant that: (i) you are the age
of majority in your place of residence, and have the power and authority
to accept this Terms of Use and to enter into this agreement with
Stonebridge Acquisition, Inc.; (ii) you are capable of assuming, and do
assume, any risks related to the use of the materials on the sites; and
(iii) you understand and accept the terms, conditions and risks relating
to the use of the content and materials on the sites.
If you are under the age of majority, you may use the sites only with permission and involvement of a parent or guardian. Stonebridge Acquisition, Inc., and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
SUBMITTING OR POSTING CONTENT
The sites may provide you and other users an opportunity to submit,
post, display, transmit and/or exchange information, ideas, opinions,
photographs, images, video, creative works or other information,
messages, transmissions or material to us, the sites or others. By
posting, you grant us a royalty-free, worldwide, non-terminable,
non-exclusive license to use, reproduce, modify, adapt, edit, market,
publish, store, distribute, have distributed, publicly and privately
display, communicate, publicly and privately perform, transmit, have
transmitted, create derivative works based upon, and promote such posts
(in whole or in part) in any medium now known or hereafter devised, for
editorial, commercial, promotional and all other purposes including,
without limitation, the right to publish your name in connection with
your post; and the right to sublicense any or all of these rights. You
acknowledge that we own all right, title, and interest in any
compilation, collective work or other derivative work created using or
incorporating the post. Please remember that you are ultimately
responsible for all of your postings and you warrant and represent that:
(i) the post does not and will not infringe on any copyright or any
other third-party right nor violate any applicable law or regulation;
(ii) you have the right to grant any and all necessary rights and
licenses provided herein, including without limitation, all necessary,
releases, copyright and other related rights to the post, free and clear
of all claims and encumbrances without violating the rights of any
person or entity, including any right to privacy or publicity; and (iii)
that each person depicted in any picture or photograph that you submit
as part of the post, if any, has provided consent to the use of the
photograph. No compensation will be paid for the use of your post,
including, without limit, any photograph you may provide, and your posts
will not be returned to you, and will not be treated as confidential
information.
Postings do not reflect the views of Stonebridge Acquisition, Inc., or its affiliates. We do not have any obligation to monitor, edit, or review any postings on the sites. We assume no responsibility or liability arising from the content of any such postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such postings on the sites. At its sole discretion, Stonebridge Acquisition, Inc., reserves the right to remove any posting from the sites.
NO ENDORSEMENT OF THIRD-PARTY SITES
The sites may contain links to or references to third-party websites,
resources and advertisers (collectively, “third-party sites”). Your
linking to such third-party sites is at your own risk. Under no
circumstances shall Stonebridge Acquisition, Inc., be held responsible
or liable, directly or indirectly, for any loss, injury, or damage
caused or alleged to have been caused to you in connection with the use
of, or reliance on, any content, information, data, opinions, advice,
statements, goods, services, or products available on such third-party
sites. Stonebridge Acquisition, Inc., also is not responsible for the
availability of these third-party sites, nor is it responsible for the
aesthetics, appeal, suitability to taste or subjective quality of
informational content, advertising, products or other materials made
available on or through such third-party sites. No endorsement of any
third-party content, information, data, opinions, advice, statements,
goods, services or products is expressed or implied by any information,
material or content of any third-party contained in, referred to,
included on, or linked from or to, the sites. You should direct any
concerns to the respective third-party site’s administrator or
webmaster.
TERMINATION/REMOVAL
Stonebridge Acquisition, Inc., may, in its sole and absolute discretion,
terminate your password, account (or any part thereof) or your access
to the sites, or remove and discard any of your postings, communications
transmitted by you, or information stored, sent, or received via the
sites without prior notice and for any reason, including, but not
limited to: (i) concurrent access of the sites with identical user
identification numbers, (ii) permitting another person or entity to use
your user identification number to access the Sites, (iii) any other
access or use of the Sites except as expressly provided in these Terms
of Use, (iv) any violation of the Terms of Use or the rules and
regulations relating to the use of the software and/or data files
contained in, or accessed through, the sites, (v) tampering with or
alteration of any of the software and/or data files contained in, or
accessed through, the sites, (vi) failure to use the sites or portion
thereof on a regular basis, or (vii) submitting postings that are off
topic or not in accordance with the mission or best interest of the
sites. Termination, suspension, or cancellation of these Terms of Use or
your access rights shall not affect any right or relief to which
Stonebridge Acquisition, Inc., may be entitled, at law or in equity.
Upon termination of these Terms of Use, all rights granted to you will
automatically terminate and immediately revert to Stonebridge
Acquisition, Inc., and its licensors.
DISCLAIMER OF WARRANTIES
Stonebridge Acquisition, Inc., and its divisions attempt to be as
accurate as possible. However, Stonebridge Acquisition, Inc., does not
warrant that descriptions of services or other content on the sites are
accurate, complete, reliable, current, or error-free. Neither
Stonebridge Acquisition, Inc., nor its divisions are responsible for the
availability of such external sites or resources and do not endorse and
are not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources.
The sites are provided by Stonebridge Acquisition, Inc., and its divisions on an “as is” and “as available” basis. You expressly agree that your use of the sites is at your sole risk.
To the full extent permitted by applicable law, Stonebridge Acquisition, Inc., its divisions and its licensors make no representation and disclaim all express or implied warranties and conditions of any kind, including, but not limited to, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, satisfactory quality, merchantability, merchantable quality or fitness for any particular purpose or arising by law, statute, usage of trade, or course of dealing and warranties implied from a course of performance or course of dealing. Stonebridge Acquisition, Inc., and its divisions do not warrant that the sites, its servers, or email sent from Stonebridge Acquisition, Inc., or its divisions are free of viruses or other harmful components. Stonebridge Acquisition, Inc., and its divisions will not be liable for any damages of any kind arising from the use of the sites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Stonebridge Acquisition, Inc., its divisions and each of their licensors assume no responsibility to you or to any third party for the consequences of any errors or omissions. Stonebridge Acquisition, Inc., and its divisions reserve the right, in its sole discretion, to correct any errors or omissions, or to withdraw or delete any content, in any portion of the sites at any time without notice.
Stonebridge Acquisition, Inc., and its divisions may make any other changes to the sites at any time without notice. Stonebridge Acquisition, Inc., and its divisions do not warrant that the site will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the site, including any storage services and its contents, or the server that makes them available, are free of viruses or other harmful components.
Use of “Cookies” and Tracking Technology. Stonebridge Acquisition, Inc., and its service providers may use industry practices and methods, including cookies, clear GIFs, web beacons, IP addresses, and log files, and other tracking technology to enable Stonebridge Acquisition, Inc., to review visitors and pages that a user visits during each site session. Stonebridge Acquisition, Inc., may link information gathered using web tracking technology. You consent to the use of such web tracking technology and consent to all legal uses of personal and non-personal information gathered through tracking technology used by the sites or by third-party service providers retained by Stonebridge Acquisition, Inc.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have additional rights.
LIMITATION OF LIABILITY
You acknowledge that your use of the sites and any information sent or
received in connection therewith may not be secure and may be
intercepted by unauthorized parties. You assume responsibility for the
entire cost of all necessary maintenance, repair or correction to your
computer system or other property. In no event shall Stonebridge
Acquisition, Inc., its divisions or licensors be liable for any direct,
indirect, punitive, incidental, special, consequential or other damages
arising out of or in any way connected with the use of the sites or with
the delay or inability to use the sites, or for any information,
software and services obtained through the sites, Stonebridge
Acquisition, Inc.’s removal or deletion of any materials on the sites,
or otherwise arising out of the use of the sites, whether based on
contract, tort (including but not limited to negligence), strict
liability or otherwise, even if Stonebridge Acquisition, Inc., or any of
its divisions or licensors have been advised of the possibility of
damages. This waiver applies, without limitation, to any damages or
injury arising from any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, file corruption, communication-line failure, network or
system outage, or theft, destruction, unauthorized access to, alteration
of, or use of any record. You specifically acknowledge and agree that
Stonebridge Acquisition, Inc., its divisions or licensors shall not be
liable for any defamatory, offensive or illegal conduct of any user of
the sites.
The above limitations and exclusions shall apply to you to the fullest extent that applicable law permits, in all actions of any kind, whether based on contract, tort (including, without limitation, negligence) or any other legal or equitable theory. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder of these terms of use.
INDEMNIFICATION
You agree to indemnify, defend and hold Stonebridge Acquisition, Inc.,
and its divisions, and their respective officers, directors, owners,
employees, agents, information providers and licensors (collectively the
“indemnified parties,” or individually, “indemnified party”) harmless
from and against any and all claims, liability, losses, actions, suits,
costs and expenses (including attorneys’ fees) arising out of or
incurred by any breach by you of these Terms of Use. Stonebridge
Acquisition, Inc., reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with
Stonebridge Acquisition, Inc.’s defense of such claim. Stonebridge
Acquisition, Inc., and its divisions have no duty to reimburse, defend,
indemnify, or hold you harmless resulting from, relating to, or arising
out of, these Terms of Use or the sites.
RELEASE
All users of our sites acknowledge and agree that each indemnified party
is released, discharged, and held harmless from any and all liability
from third-party claims made in connection with the sites, including,
without limitation, wrongful death and personal injury, money damages,
out-of-pocket and court costs, attorney’s fees, damage to tangible
property or reputation, including, without limitation, libel,
defamation, right of publicity and invasion of privacy. Stonebridge
Acquisition, Inc., reserves its right to all forms of equitable and
legal relief related to fraud or illegal activity connected to the use
of our sites.
LIMITATIONS ON ACTIONS
You agree that any claim or cause of action arising out of your use of
the sites or these Terms of Use must be filed within one (1) year after
such claim or cause of action arose or it shall forever be barred,
notwithstanding any statute of limitations or other law to the contrary.
Within this period, any failure by Stonebridge Acquisition, Inc., or
its divisions to enforce or exercise any provision of these Terms of Use
or related right shall not constitute a waiver of that right or
provision.
DISPUTES
Any dispute relating in any way to your visit to the sites shall be
submitted to confidential arbitration in the exclusive jurisdiction of
Tulsa, Oklahoma, except that, to the extent you have in any manner
violated or threatened to violate Stonebridge Acquisition, Inc.’s
intellectual property rights, Stonebridge Acquisition, Inc., may seek
injunctive or other appropriate relief in any state or federal court in
Tulsa, Oklahoma, and you consent to such exclusive jurisdiction and
venue. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The
arbitrator’s award shall be binding and may be entered as a judgment in
any court of competent jurisdiction in Tulsa, Oklahoma. To the fullest
extent permitted by applicable law, no arbitration under this agreement
shall be joined to an arbitration involving any other party subject to
this agreement, whether through class arbitration proceedings or
otherwise. Except for punitive and consequential damages (which may not
be awarded), and subject to these Terms of Use, the arbitrators shall be
authorized to award either party any provisional or equitable remedy
permitted by applicable law.
Each party hereby consents (a) to the exclusive jurisdiction of the courts in Tulsa, Oklahoma, for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.
SITE GOVERNANCE AND SEVERABILITY
Please review other policies posted on the sites. These policies also
govern your visit to the sites. If any provision of these Terms of Use
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this Terms of Use and shall not
affect the validity and enforceability of any remaining provisions.
These Terms of Use and any posted operating rules constitute the entire
agreement of the parties with respect to the subject matter hereof, and
supersede all prior or contemporaneous communications and proposals,
whether oral or written, between the parties with respect to such
subject matter.
CHANGES TO THE TERMS OF USE
We reserve the right to amend the Terms of Use, and to modify, add or
discontinue any aspect, content, or feature of the sites. Such
amendments, modifications, additions and/or deletions shall become
effective upon notice thereof, which may be provided to you by posting
on the sites, via email or any other means. You agree to the new posted
Terms of Use by continuing your use of the sites. You agree to review
the Terms of Use periodically and your continued use of the sites
following such modification will indicate your acceptance of any
modified Terms of Use. If you do not agree with the modified Terms of
Use, your sole and exclusive remedy is to discontinue using the sites.