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Agreement
Access to and use of this Web Site and the information, materials, products and
services available through this Web Site are subject to all applicable laws and
regulations and to these Terms of Use, and Vadium Technology, Inc.’s Web Site
Privacy Policy.
By accessing this Web Site, you agree to these Terms of Use and the Privacy
Policy which form a legally binding agreement. If you do not agree, please exit
this Web Site.
These Terms of Use may be changed by us from time to time without specific
notice to you, and were last revised on July 22, 2007. The latest Terms of Use
and Privacy Policy will be posted on the Web Site, and you should always review
these Terms of Use and Privacy prior to using the Web Site to ensure that you
have a current understanding of the Terms of Use and Privacy Policy under which
you are permitted to access this Web Site. If you cannot access the Terms of Use
or Privacy Policy via the Internet, we can provide a copy of the most recent
Terms of Use and / or Privacy Policy by e-mail upon request.
ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION,
MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS
THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES
APPLICABLE LAWS OR REGULATIONS.
Definitions
The Web Site www.vadiumtech.com is owned and operated by Vadium Technology,
Inc., a Washington corporation.
The terms "Vadium", "we", "us", "our"
and "ours" when used in this Terms of Use and / or Privacy Policy
means Vadium Technology, Inc., which includes all its parents, subsidiaries,
divisions, joint ventures, strategic alliances, branches, affiliates or
companies under common ownership or control of Vadium Technology, Inc..
The terms "you", "your" and "yours" when used
in this Terms of Use and / or Privacy Policy means any user of this Web Site.
The term "Personal Data" refers to personally identifiable
information about you, such as your name, birth date, e-mail address or mailing
address.
Product & Services Information
All references on this Web Site to information, materials, products and services
apply to information, materials, products and services available in the
countries or jurisdictions specified with respect to such information only,
unless otherwise stated. Nothing in this Web Site constitutes an offer to buy or
sell our products or services in any jurisdiction. This Web Site is for
information purposes only.
Ownership
Unless otherwise indicated, this Web Site and its design, text, content,
selection and arrangement of elements, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters related
to this Web Site are protected under applicable copyrights, trademarks and other
proprietary (including, but not limited to, intellectual property) rights and
are the property of Vadium Technology, Inc., or the material is included with
the permission of the rights owner and is protected pursuant to copyright and
trademark laws. ALL RIGHTS RESERVED.
The posting of any such elements on this Web Site does not constitute a
waiver of any right in such elements. You do not acquire ownership rights to any
such elements viewed through this Web Site. Except as otherwise provided herein,
none of the these elements may be used, copied, reproduced, distributed,
republished, downloaded, modified, displayed, posted or transmitted in any form
or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without our express prior written
permission.
Permission is hereby granted to the extent necessary to lawfully access and use
this Web Site and/or information, materials, products and/or services available
on it to display, download, archive and print in hard copy, portions of this Web
Site for personal use only, provided you do not modify the materials and that
you retain any and all copyright and other proprietary notices contained in the
materials. This permission terminates automatically if you breach any of these
Terms of Use. Upon termination, you must immediately destroy any downloaded,
archived or printed materials.
Trademarks
The Vadium Technology, Inc. logo, all product names, all page headers, all
custom graphics, all button icons, all trademarks, service marks and logos
appearing on this Web Site, unless otherwise noted, are service marks,
trademarks and/or trade dress of Vadium (the "Marks"). All other
trademarks, product names, company names, logos, service marks and/or trade
dress mentioned, displayed, cited or otherwise indicated on the Web Site are the
property of their respective owners. You agree not to display or use the Marks
in any manner without our prior written permission. You agree not to display or
use trademarks, product names, company names, logos, service marks and/or trade
dress of other owners without the prior written permission of such owners. The
use or misuse of the Marks or other trademarks, product names, company names,
logos, service marks and/or trade dress or any other materials contained herein,
except as permitted herein, is expressly prohibited.
For the most up-to-date listing of Vadium trademarks see www.vadiumtech.com/legal/trademarks_list.pdf.
Hyperlink Disclaimer
This Web Site may contain links and/or advertisements to other web sites
maintained by us in addition to links to web sites maintained by unrelated
companies and persons. An advertisement of, or link to, a non-Vadium web site
does not mean that Vadium approves, endorses or accepts any responsibility for
that web site, its content or use, or the use of products and services made
available through such web site.
We are not responsible for the actions, content, accuracy, opinions
expressed, privacy policies, products or services provided through these links
or made available through these resources or appearing in such web sites, nor
for any damages or losses, directly or indirectly, caused or alleged to have
been caused as a result of your use or reliance on such web sites.
Such web sites are not investigated, monitored or checked for accuracy,
completeness or conformance with applicable laws and regulations by us. We do
not make any representations whatsoever, or give any warranties of any kind,
expressed, implied, or otherwise about other web sites which you may access
through this Web Site, the content thereof, or the products and/or services made
available through such web sites. If you decide to leave our Web Site and access
these other web sites, you do so at your own risk. All rules, policies
(including privacy policies) and operating procedures of such web sites will
apply to you while on such web sites.
Links from Other Web Sites
Any link to this Web Site without our written permission is prohibited.
Notwithstanding authorization to link to this Web Site, linking to any page
other than the initial start page of www.vadiumtech.com is prohibited. Persons
providing access to this Web Site via link from another web site are solely
responsible for the content, accuracy, opinions expressed, privacy policies,
products or services of, or available through, the source web site and for any
representations made or impressions created concerning Vadium.
Authorization by us to link to this Web Site is given without assumption of
any liability by us relating to such links, and we hereby disclaim any such
liability. We reserve the right to withdraw any authorization to link to this
Web Site at any time and for any reason.
Anyone providing access to, or information relating to this Web Site, whether
by link or otherwise, is responsible for bringing these Terms of Use to the
attention of the person receiving such access or information. Failure to do so
will not result in liability for us.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT.
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement should be sent to
Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL NOT RECEIVE A RESPONSE.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY
FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR
COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS
REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS,
WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Vadium Technology, Inc.; Vadium Federal Services,
LLC; Vadium Technology, Ltd.; AlphaCipher Systems – Latin America, S.A. de
C.V.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Rod Nicholls
Full Address of Designated Agent to Which Notification Should be Sent:
4507 Pacific Highway East, Suite D, Tacoma, WA 98424
Telephone Number of Designated Agent: (253) 896-1000
Facsimile Number of Designated Agent: (253) 896-1110
Email Address of Designated Agent:
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To be effective, the Notification must include the following:
- A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
- Identification of the copyrighted
work claimed to have been infringed, or if multiple copyrighted works at a
single online site are covered by a single notification, a representative
list of such works at that site;
- Identification of the material
that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate
the material;
- Information reasonably sufficient
to permit the service provider to contact the Complaining Party, such as an
address, telephone number, and if available, an electronic mail address at
which the complaining party may be contacted;
- A statement that the Complaining
Party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the
law; and
- A statement that the information
in the notification is accurate, and under penalty of perjury, that the
Complaining Party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the
information as outlined in 1 through 6 above:
- Service Provider shall remove or
disable access to the material that is alleged to be infringing;
- Service Provider shall forward the
written notification to such alleged infringer ("Subscriber");
- Service Provider shall take
reasonable steps to promptly notify the Subscriber that it has removed or
disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication provided
to the Service Provider's Designated Agent that includes substantially the
following:
- A physical or electronic signature
of the Subscriber;
- Identification of the material
that has been removed or to which access has been disabled and the location
at which the material appeared before it was removed or access to it was
disabled;
- A statement under penalty of
perjury that the Subscriber has a good faith belief that the material was
removed or disabled as a result of mistake or misidentification of the
material to be removed or disabled;
- The Subscriber's name, address,
and telephone number, and a statement that the Subscriber consents to the
jurisdiction of Federal District Court for the judicial district in which
the address is located, or if the Subscriber's address is outside of the
United States, for any judicial district in which the Service Provider may
be found, and that the Subscriber will accept service of process from the
person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the
information as outlined in 1 through 4 above:
- Service Provider shall promptly
provide the Complaining Party with a copy of the Counter Notification;
- Service Provider shall inform the
Complaining Party that it will replace the removed material or cease
disabling access to it within ten (10) business days;
- Service Provider shall replace the
removed material or cease disabling access to the material within ten (10)
to fourteen (14) business days following receipt of the Counter
Notification, provided Service Provider's Designated Agent has not received
notice from the Complaining Party that an action has been filed seeking a
court order to restrain Subscriber from engaging in infringing activity
relating to the material on Service Provider's network or system.
Minors
This Web Site is a business and commercial site. As such, it is not intended for
children or minors.
Data Protection Consent
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy.
Any communication or material you post or transmit to us over the Internet
is, and will be treated as non-confidential and non-proprietary. Upon the
transmission of any personal information to us, you expressly grant permission
to us to disseminate and/or use such information for any lawful purpose.
Posting or transmittal of any unlawful, threatening, libelous, defamatory,
obscene, pornographic or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offence or violation of
any law is strictly prohibited.
We reserve the right to monitor your communications with us whether by mail,
voice, fax, e-mail or any other form of transmission for the purposes of quality
control, security and other business needs.
Notwithstanding the foregoing, all personal data provided to us as a result
of this Web Site will be handled in accordance with our Privacy Policy.
Statements on Web Site
The documents contained on (or directly accessible from) this Web Site may
contain a number of forward-looking statements. Any statements that are not
statements of historical fact (including without limitation statements to the
effect that Vadium or its management "believes," "expects,"
"anticipates," "plans" and similar expressions) should be
considered forward-looking statements and should not be relied upon.
There are a number of important factors that could cause Vadium's actual
results to differ materially from those indicated by such forward-looking
statements, including general economic conditions, Vadium's continued ability to
develop and introduce products, the introduction of new products by competitors,
pricing practices of competitors, expansion of its sales distribution
capability, the cost and availability of components, undetected software errors
or bugs, Vadium's ability to control costs and othercomonly known and·unknown
risk factors faced from time to time by businesses enterprises in today’s
global marketplace.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS
CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR
A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH
IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE
INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS
LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR SHAREHOLDERS,
OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE
BENEFIT OF THIS CLAUSE.
It is your responsibility to evaluate (or take professional advice on) the
accuracy and completeness of all information, statements, opinions and other
material on this Web Site or any web site with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these
provisions, and we do not seek to exclude or limit liability for fraudulent
misrepresentation.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on behalf of our
employees, agents, suppliers, and contractors exclude liability for any losses
and expenses of whatever nature and howsoever arising including, without
limitation, any direct, indirect, special, punitive, or consequential damages,
loss of use, loss of data, loss caused by a virus, loss of income or profit,
loss of or damage to property, claims of third parties, or other losses of any
kind or character, even if we have been advised of the possibility of such
damages or losses, arising out of or in connection with the use of this Web Site
or any web site with which it is linked. You assume total responsibility for
establishing such procedures for data back up and virus checking as you consider
necessary. Price and availability of information, materials, products and/or
services is subject to change without notice.
Indemnity and Release
You agree to indemnify, release and hold us harmless as well as our officers,
directors, agents, representatives and employees from any claim, liability,
loss, expense or demand, including legal fees, related to your violation of
these Terms of Use or your access or use of this Web Site or any of the
information, materials, products or services available through this Web Site.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete,
suspend or discontinue, temporarily or permanently this Web Site (or any portion
thereof) and/or the information, materials, products and/or services available
through this Web Site (or any part thereof) with or without notice. You agree
that we shall not be liable to you or to any third party for any such
modification, editing, deletion, suspension or discontinuance of this Web Site.
Entire Understanding
These Terms of Use contain the entire understanding between you and us with
respect to this Web Site and no representation, statement, inducement oral or
written, not contained herein shall bind any party to this agreement. Should any
part of these terms for any reason be declared invalid by a court of competent
jurisdiction, such determination shall not affect the validity of any remaining
portion and such remaining portion shall remain in full force and effect as if
the invalid portion of these terms had been eliminated. Our failure to enforce
any provision of these Terms of Use shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
Law & Jurisdiction
These Terms of Use are made under U.S. law and this Web Site is operated from
Seattle, Washington. Access to, or use of, this Web Site or information,
materials, products and/or services on this Web Site may be prohibited by law in
certain countries or jurisdictions. You are responsible for compliance with any
applicable laws of the country from which you are accessing this Web Site. We
make no representation that the information contained herein is appropriate or
available for use in any location.
You agree that the courts of Tacoma, Washington shall have exclusive
jurisdiction to resolve any controversy or claim of whatever nature arising out
of or relating to use of this Web Site, and that the laws of the Commonwealth of
Massachusetts shall govern such dispute or claim. However, we retain the right
to bring legal proceedings in any jurisdiction where we believe that
infringement of this agreement is taking place or originating.
Contacting Us
|If you have any questions regarding these Terms of Use or any other matter, you
may contact us in by writing to us at Vadium Technology Inc., 5303 Pacific
Highway Easy, PMB #448, Tacoma, WA 98424 or e-mailing us at
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.
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Terms of Use 
