TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR  PROSPECTIVE CUSTOMER  TO READ THE TERMS AND CONDITIONS BEFORE  PROCEEDING TO USE THIS SITE. IF  YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 02/09/2018.

 

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Vertex Technologies, also known as Vertex, located at 5445 Oceanus Dr Ste 107, Huntington Beach, California 92649 and our subsidiaries and affiliates, in association with the use of the Vertex  website, which includes www.vertexaquaristik.com, (the "Site") and its Services, which shall be defined below.

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website company website which has the following description: Display product information for Vertex Technologies Inc.

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual register's for our Services, through the process of creating an account, the user shall then be considered a "member."

The    user and/or    member acknowledges and agrees that the Services provided and  made available through our website and applications, which may include  some mobile applications and  that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole  property  of Vertex Technologies. At its discretion, Vertex Technologies may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to  any and all additional Services  and/or products and any and all updated, modified or  revised Services unless otherwise  stipulated. Vertex  Technologies does  hereby  reserve  the  right to cancel and  cease  offering  any  of the aforementioned  Services  and/or products. You, as the  end user and/or member, acknowledge, accept and  agree that  Vertex Technologies shall not be  held liable for any such  updates, modifications, revisions, suspensions  or discontinuance of any      of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Vertex Technologies shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

 

REGISTRATION

To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and  not  an  individual that has been previously barred from receiving Vertex's Services under the laws and statutes of the United States or other applicable jurisdiction.

When you register, Vertex may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Vertex and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

  1. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
  2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Vertex Technologies will have sufficient grounds  and  rights to suspend  or terminate the member in violation of this aspect of the Agreement, and as such  refuse  any and  all current or future use of Vertex Technologies Services, or any portion thereof.

It is Vertex Technologies’ priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Vertex website platform Services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

 

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to  notify Vertex Technologies immediately  if  you notice any unauthorized access or use of your account or password or any other breach of security. Vertex Technologies shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

 

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely  responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Vertex Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Vertex.

Furthermore, you herein agree not to make use of Vertex Technologies'  Services  for  the  purpose of:

  1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  2. causing harm to minors in any manner whatsoever;
  3. impersonating any individual or entity, including, but not limited to, any Vertex officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
  5. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual  rights of any other party;
  6. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any  contractual or fiduciary relationship;
  7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
  10. interfering with or disrupting any Vertex Technologies Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
  11. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  12. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration  Nationality Act;
  13. "stalking" or with the intent to otherwise harass another individual; and/or
  14. collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Vertex Technologies herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

Vertex Technologies herein reserves the right to access, preserve and/or disclose member  account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

  1. compliance with any legal process;
  2. enforcement of the TOS;
  3. responding to any claim that therein contained content is in violation of the rights of any third party;
  4. responding to requests for customer service; or
  5. protecting the rights, property or the personal safety of Vertex Technologies, its visitors, users and members, including the general public.

Vertex Technologies herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Vertex Technologies or any other content providers supplying content services to Vertex Technologies. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution,  or  exhibition  of any information or materials supplied by our Services, despite whether done so in  whole or in   part, is expressly prohibited.

 

INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that by using www.vertexaquaristik.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be  causing communications to  be  sent through our computer network. Therefore, through your use, and thus your agreement with  this TOS, you are acknowledging that the use of this Service shall result in interstate  transmissions.

 

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations the United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

  1. are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  3. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
  4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

 

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Vertex Technologies shall not lay claim to ownership of any content submitted by any visito,r member, or user, nor make such content available for inclusion on our website  Services.  Therefore, you hereby grant and allow for Vertex Technologies the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. The content submitted or made available for inclusion on the publicly accessible areas of Vertex Technologies' sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Vertex Technologies' sites, and shall terminate at such time when you elect to discontinue your membership.
  2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Vertex Technologies' sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This

license shall be available so long as you are a member of Vertex Technologies' sites and shall terminate at such time when you elect to discontinue your membership.

  1. For any other content submitted or made available for inclusion on the publicly accessible areas of Vertex Technologies' sites, the continuous, binding  and  completely  sub- licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas of Vertex Technologies' sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

 

CONTRIBUTIONS TO COMPANY WEBSITE

Vertex Technologies provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or  proposals  ("Contributions")  to our site, you acknowledge and agree that:

  1. your contributions do not contain any type of confidential or proprietary information;
  2. Vertex shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  3. Vertex shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  4. the contributor's Contributions shall automatically become the sole property of Vertex; and
  5. Vertex is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

 

INDEMNITY

All users and/or members herein agree to insure and hold Vertex Technologies, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable  for  any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may  submit,  post, modify, transmit or otherwise make available through our Services, the use of Vertex Services or your connection with these Services, your violations of the Terms of Service and/or your violation  of any such rights of another person.

 

COMMERCIAL REUSE OF SERVICES

The  member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit  for any commercial reason any part, use of, or access to Vertex's sites.

 

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that Vertex Technologies may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum  number of days that any email, message posting or any other uploaded content shall be retained by Vertex  Technologies, nor the maximum number of email messages that may be sent and/or received  by any member,   the maximum volume or size of any email message that may be sent from or may be received by   an account on our Service, the maximum disk space allowable that shall be allocated on Vertex Technologies' servers on the member's behalf, and/or the maximum number of times  and/or duration that any member may access our Services in a  given  period of time.  In  addition,  you  also agree that Vertex Technologies has absolutely no responsibility or liability for the removal or failure to maintain storage  of any messages  and/or other communications or  content maintained  or transmitted by our Services. You also herein acknowledge that we reserve the right to delete      or remove any account that is no longer active for an extended  period  of  time.  Furthermore, Vertex Technologies shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations  in  your  account located on Vertex Technologies' servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on www.vertexaquaristik.com. It is your agreement to this TOS which establishes your consent to  allow Vertex Technologies to store any and all communications on its servers.

 

MODIFICATIONS

Vertex Technologies shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

 

TERMINATION

As a member of www.vertexaquaristik.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation  or  termination request to [email protected]

As a member, you agree that Vertex Technologies may, without any prior written notice,  immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  1. any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
  2. by way of requests from law enforcement or any other governmental agencies;
  3. the discontinuance, alteration and/or material modification to our Services, or any part thereof;
  4. unexpected technical or security issues and/or problems;
  5. any extended periods of inactivity;
  6. any engagement by you in any fraudulent or illegal activities; and/or
  7. the nonpayment of any associated fees that may be owed by you in connection with your www.vertexaquaristik.com account Services.

Furthermore, you herein agree that any and  all terminations, suspensions, discontinuances, and  or limitations of access for cause shall be made at our sole discretion and that we shall not be  liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with www.vertexaquaristik.com shall include any and/or all of the following:

  1. the removal of any access to all or part of the Services offered within www.vertexaquaristik.com;
  2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
  3. the barring of any further use of all or part of our Services.

 

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions  of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Vertex Technologies shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

 

LINKS

Either Vertex Technologies or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of    any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Vertex Technologies shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a  result of, caused or allegedly to be caused by or in connection with the use of or the reliance on  any such content, goods or Services made available on or through any such site or resource.

 

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Vertex Technologies' Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers  is  protected by copyrights, trademarks, patents or other proprietary rights and laws.  Therefore,  except for that which is expressly permitted by applicable law or as authorized by Vertex Technologies or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Vertex Technologies Services (e.g. Content or Software), in whole or part.

Vertex Technologies herein has granted your personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single  computer, as long as   you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in  and/or  otherwise  transfer any such  right in the Software. Furthermore, you do herein agree  not to alter or change the Software   in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Vertex Technologies for use in accessing our Services.

 

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. THE USE OF VERTEX TECHNOLOGIES SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. VERTEX TECHNOLOGIES AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR  A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. VERTEX TECHNOLOGIES AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) VERTEX TECHNOLOGIES SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) VERTEX TECHNOLOGIES SERVICES OR SOFTWARE  SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH  RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE VERTEX TECHNOLOGIES SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER  MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
  3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF  VERTEX TECHNOLOGIES SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
  4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM VERTEX TECHNOLOGIES OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY

UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT VERTEX TECHNOLOGIES AND OUR SUBSIDIARIES,  AFFILIATES,  OFFICERS,  EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR  ANY  PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY  DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER  INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF  SUCH  POSSIBILITY  THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  1. THE USE OR INABILITY TO USE OUR SERVICE;
  2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
  5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

RELEASE

In the event you have a dispute, you agree to release Vertex Technologies (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and  unknown, suspected or  unsuspected, disclosed  and  undisclosed, arising  out of or in any way connected to such dispute.

 

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Vertex Technologies' content is provided primarily  for  informational  purposes,  and no content that shall be provided or included in our Services is intended for trading or investing purposes. Vertex Technologies and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by  way   of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

 

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly  provided  in  this TOS, that there shall be no third-party beneficiaries to this agreement.

 

NOTICE

Vertex Technologies may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings   on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

 

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Vertex Technologies trademarks, copyright, trade name, service marks, and other Vertex Technologies logos and  any  brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Vertex Technologies. You herein agree not to display and/or use in any manner the Vertex Technologies logo or marks without obtaining Vertex Technologies' prior written consent.

 

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Vertex Technologies will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole  discretion,  Vertex Technologies may disable and/or terminate the accounts of any user  who  violates  our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  3. A description of the location of the site which you allege has been infringing upon your work;
  4. Your physical address, telephone number, and email address;
  5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The Vertex Technologies Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address: Vertex Technologies Attn: Copyright Agent

5445 Oceanus Dr Ste 107 Huntington Beach, California 92649

Telephone: 714.274.6550

Email: [email protected]

 

CLOSED CAPTIONING

BE IT KNOWN, that Vertex Technologies complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.vertexaquaristik.com.

 

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Vertex Technologies  and  shall  govern the use of our Services, superseding any prior version of this TOS between  you  and  us with respect to Vertex Technologies Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Vertex Technologies Services, affiliate Services, third-party content or third-party software.

 

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both  you  and Vertex Technologies with regard to the TOS that    the relationship between the parties shall be governed by the laws  of  the  state  of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Vertex Technologies, shall be filed within the courts having jurisdiction within the County of Orange, California or the U.S. District Court located in said state. You andVertex Technologies agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in  such  courts.

 

WAIVER AND SEVERABILITY OF TERMS

At any time, should Vertex Technologies fail to exercise or enforce any right or provision  of the  TOS, such failure shall not constitute a waiver of such right or provision. If any provision  of this   TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a  copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

 

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed  within   2 year(s) after said claim or cause of action arose or shall be forever barred.

 

VIOLATIONS

Please report any and all violations of this TOS to Vertex Technologies as follows: Mailing Address:

 

Vertex  Technologies 5445 Oceanus Dr Ste 107

Huntington Beach, California 92649

Telephone: (714) 274-6550

Email: [email protected]