3. BY ACCESSING AND USING THE VASCOR INTERNET PORTAL, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND OF REQUISITE LEGAL CAPACITY, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU ARE NOT OF REQUISITE LEGAL CAPACITY OR DO NOT ACCEPT ANY OF THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE YOUR ACCESS AND/OR USE OF THE VASCOR INTERNET PORTAL IMMEDIATELY.
5. By using or accessing the VASCOR Internet Portal, you are deemed to have given permission to us to disclose information, that you have provided or transmitted, including customer information, to anyone in connection with any of your accounts that you may have with us as we deem fit, without incurring any liability of whatsoever nature.
6. The information and materials contained on the VASCOR Internet Portal shall not constitute an offer on our part to provide any services.
8. We shall not be under any obligation whatsoever, express or implied, to reply to unsolicited correspondence, communications, requests or emails, or to acknowledge receipt of the same.
9. The VASCOR Internet Portal can be accessed from countries around the world and may contain references to products, services, and programs that are not available in your country. These references do not imply that such products, services, or programs are or will be available in your country.
10. The VASCOR Internet Portal is controlled and operated by us, headquartered in Georgetown, Kentucky. We make no representation that the content of the VASCOR Internet Portal is appropriate or available for use in other locations, and that access and use from territories where their contents are illegal, is prohibited. Accessing the VASCOR Internet Portal from other locations is done on your own initiative and you are responsible for compliance with all applicable local laws.
12. VASCOR Internet Portal may contain links to other websites, web pages or other software applications (“External Links”) owned, controlled or hosted by independent third parties which we have no control over. We shall neither be responsible for the content of such External Links nor liable for any damages arising out of the access and use of the External Links, which shall be at your own risk and subject to any additional terms and conditions applicable to such access and/or use.
13. You agree not to create any hyperlinks to the VASCOR Internet Portal and we reserve all our rights to disable such links.
14. For the avoidance of doubt, the External Links on the VASCOR Internet Portal or any unauthorized links to the VASCOR Internet Portal shall not be construed as VASCOR’s endorsement or recommendation of any product or service offered or as verifying any information contained therein.
15. Any Services provided on the VASCOR Internet Portal shall only be used for the purposes specified and for no other purposes. You shall not use the VASCOR Internet Portal for any illegal or improper purpose, which include but are not limited to: the violation of any laws or regulations (foreign or domestic) or to commit, engage in, perpetuate or abet any breach of security, fraud, criminal act, offense, or causing disruption or actions that are harmful to the VASCOR Internet Portal.
16. We retain all rights to restrict or prohibit any and all activities, conduct or deal with information transmitted by you, which we determine in our sole discretion to be harmful or in any manner that could cause nuisance, damage, disable, overburden, or impair our reputation, goodwill, server, systems, network, or the network(s) connected to our server, or interfere with any other party’s use and enjoyment of the VASCOR Internet Portal.
17. You may not attempt to gain unauthorized access to any Services, accounts, systems or networks connected through hacking, password mining or any other means.
18. Without limitation, you agree that when using the VASCOR Internet Portal, you will not:
18.1. Use the VASCOR Internet Portal in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
18.2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
18.3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
18.4. Upload, or otherwise use or make available, materials or files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws unless you own or control the rights thereto or have received all necessary consent to do the same.
18.5. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
18.6. Use or access the VASCOR Internet Portal with automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other similar mechanisms.
18.7. Use or access the VASCOR Internet Portal in any way that, in our judgment, adversely affects the performance or function or interferes with the ability of other authorized users to access and use of the VASCIR Internet Portal.
19. We have no obligation to monitor the use of the VASCOR Internet Portal; however, we reserve the right to do so and prohibit or deny use or access at our sole discretion. We reserve the right to terminate your access to the VASCOR Internet Portal in full or in part at any time, without notice, for any reason whatsoever.
20. Any and all information submitted to us through the VASCOR Internet Portal shall be deemed to be and shall remain our sole and exclusive property. We shall be entitled to use, for any purpose and without any payment or compensation, any information including but not limited to ideas, concepts, know-how or techniques in whatsoever form provided to us through the VASCOR Internet Portal.
21. The VASCOR Internet Portal is not intended for access to, or used by, any person or entity in any jurisdiction or country where such access or use would be contrary to local law or regulation.
22. Notwithstanding anything stated in the VASCOR Internet Portal, your eligibility or request for Services within in the VASCOR Internet Portal, is subject to acceptance by us and further subject to the individual terms and conditions of the specific Service requested and any relevant disclaimers. Any Services may be withdrawn or amended at any time without notice, notwithstanding anything to the contrary in the VASCOR Internet Portal.
23. The copyright in all materials provided on the VASCOR Internet Portal is held by us or by the original creator of the material. Except as stated herein, none of the material 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 prior written permission or that of the copyright owner. Further, subject to any contrary agreement with us, you may not:
23.1. Modify the markings of the VASCOR Internet Portal or any notice VASCOR’s or VASCOR’s licensors’ proprietary rights (where applicable), or to use the VASCOR Internet Portal so as to pass off, associate or connect it to some party other than VASCOR.
23.2. Cause or permit any copying, translating, reverse engineering (unless required by law for interoperability), disassembly or decompilation of the VASCOR Internet Portal or source code thereof (the foregoing prohibition includes but is not limited to review of data structures or similar materials associated with the VASCOR Internet Portal);
23.3. Create or reproduce derivative works based on the VASCOR Internet Portal; and
23.4. Assign, give or transfer the right to access and/or use the VASCOR Internet Portal to another individual or entity.
25. Any unauthorized use of any material contained on the VASCOR Internet Portal may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
26. You acknowledge and accept that the inherent nature of the Internet and/or telecommunications services is such that transmissions may be subject to interruption, interception, hacking, fluctuation, delay, inaccuracy, defect, corruption, loss, connection error, transmission blackout, delayed or failed transmission and/or incorrect, garbled or incomplete data transmission.
27. We shall not be liable for the above-mentioned effects to the VASCOR Internet Portal, which are not within our control, that may affect the accuracy, authenticity or timeliness of messages and transactions that may be sent, and we do not warrant that any identified defect will be corrected within any particular period of time.
28. All information, data, text, messages or other materials that are transmitted through the VASCOR Internet Portal by you shall be your sole responsibility and we do not assume the responsibility of validating, verifying or editing the same.
29. You are responsible for maintaining the confidentiality of any account number, account name, user ID and/or password, if applicable, for the Services you utilize through the VASCOR Internet Portal.
30. You are responsible for damages resulting from any use of your account number, account name, user ID and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, user ID and/or password was obtained through no fault or negligence of your own. In the event of any breach of security in respect of your account, you shall as, as soon as reasonably practicable, notify VASCOR and comply and co-operate with all instructions thereupon to rectify the breach in security.
33. The contents of the VASCOR Internet Portal and/or such information that is made available through the Services, including but not limited to Services, products, data, text, graphics, audio, video, links or other items are provided on an ‘AS IS ‘, and ‘AS AVAILABLE’ basis, which may include inaccuracies or typographical errors.
34. We do not warrant the truth, accuracy, adequacy, completeness or reasonableness of such contents and expressly disclaim liability for any and all errors or omissions whatsoever. No warranty is given that access to the VASCOR Internet Portal will be provided uninterrupted or free from errors, or that any identified defect will be rectified within any particular time period.
35. To the fullest extent allowed by law, no warranty of any kind, implied, express or statutory, including but not limited to any warranty of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other contaminants, Trojan horses, software bombs, or other malicious, destructive or corrupting code, agent program or macros, is given in conjunction with the access or use of the VASCOR Internet Portal or its contents, including any links to third party websites, software applications and/or mobile applications.
36. Without prejudice to anything contained in the VASCOR Internet Portal, we shall not be liable in any manner whatsoever for any damage, loss or expense including without limitation, loss of profits, loss of revenue, direct, indirect, special, consequential, aggravated, punitive and exemplary damages, or any other economic loss under any potential causes of action, arising out of or in connection with:
36.1. any access, use or the inability to access or use, or non-availability of the VASCIR Internet Portal, use of or reliance on the contents of the VASCOR Internet Portal;
36.2. any transaction performed on any websites, web page or software application in the VASCOR Internet Portal;
36.3. any defect, error, imperfection, fault, mistake or inaccuracy with the VASCOR Internet Portal, including any content stated therein.
36.4. any loss or abuse or unauthorized disclosure of information, including customer information;
36.5. any system, server or connection failure, error, omission, interruption, interception, delay in operation or transmission, or computer virus;
36.6. any interruptions in use or access to the VASCOR Internet Portal caused by our remedial, maintenance or preventative actions taken to the VASCOR Internet Portal;
36.7. any damages whatsoever due to any third party’s unjustified or unauthorized access to the VASCOR Internet Portal or of any password, data or information therein;
36.8. any use of or access to any other websites or web pages linked to the VASCIR Internet Portal; and/or
36.9. any service, product, information, data, software or other materials obtained or downloaded from the VASCOR Internet Portal or from any other websites linked therefrom.
37. This exclusion clause shall take effect to the fullest extent permitted by law, and shall apply even if we or our agents or employees had been advised of the possibility of such damages, losses and/or expenses.
38. As a condition of use of the VASCOR Internet Portal, you agree to indemnify us from and against any and all losses, liabilities, expenses (including legal costs on a full indemnity basis) and damages which may be suffered directly or indirectly related to any claims, actions or proceedings, arising out of or in connection with your use of the VASCOR Internet Portal.
41. If there are inconsistencies in meaning between the English-language version of these terms and conditions and the terms and conditions as may be translated into any other language, the English-language version shall prevail.
44. No person who is not a party to any transaction between yourself and us shall have any right whatsoever.