Terms & Conditions of Use

Please read these Terms and Conditions of Use carefully before using this website. By accessing and using the Vcinity Website, you acknowledge and agree to abide by the following Terms and Conditions of Use.  If you do not agree to these Terms and Conditions of Use, do not use this Website or download any materials provided herein.

Welcome to the Vcinity website (the “Website”). If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”), which, together with Vcinity’s privacy policy, governs your relationship with Vcinity in relation to this Website.

The terms “Vcinity,” “us,” or “we” refer to the owner of the Website whose registered office is located at 2055 Gateway Place, Suite 650, San Jose, CA 95110, USA.  The term “you” refers to the user or viewer of our Website.

Usage of Website
The use of this Website is subject to the following terms and conditions:
• The contents of this Website are for your general information and use only and are subject to change without notice.
• Neither Vcinity nor any third parties provide any, and we hereby disclaim any and all, warranties and guaranties, express or implied, as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials published or offered on this Website (collectively, “Materials”) for any purpose.  All such Materials are provided “as is” and without warranty of any kind.  You acknowledge that such Materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any Materials on this Website is entirely at your own risk for which Vcinity will not be liable in any manner whatsoever.  It is your responsibility to ensure that any products, services, or information available through this Website meet your specific requirements.
• This Website contains material that is owned by or licensed to us (which materials are subsumed in the definition of Materials, above).  These materials include, but are not limited to, the design, layout, look, appearance and graphics of this Website.  Reproduction of this Website or any Materials is prohibited other than in accordance with the copyright notice, which comprises a part of these Terms.
• All trademarks reproduced in this Website, which are not the property of, or licensed to, Vcinity are acknowledged in this Website.
• Unauthorized use of this Website may give rise to a claim for damages and/or constitute a criminal offense.
• You may not create a link to this Website from another website or document without Vcinity’s prior written consent.
• Your use of this Website and any dispute arising out of such use of this Website will be governed by the laws of the State of California without regard to its conflict of law provisions.  You and Vcinity agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, California.  All Materials available on this Website are subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
• You may not attempt to gain unauthorized access to other accounts, computer systems, or networks connected to any Vcinity server through hacking, password mining, or any other means or obtain or attempt to obtain any Materials through any means not intentionally made available through this Website.
• You may not use this Website or any Materials published in this Website in any manner that could damage, disable, overburden, or impair any Vcinity server or network connection, disobey any requirements, procedures, policies, or regulations of networks connected to this website, or interfere with any other party’s use and enjoyment of this Website or the Materials published herein.

You acknowledge and agree that Vcinity owns all legal rights, title, and interest in and to this Website and the Materials offered and published herein, including, without limitation, any Vcinity trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights are registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions.  They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Vcinity’s prior written permission or except as permitted by these Terms.  Except as provided herein, Vcinity does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Website Disclaimer; Limitation of Liability
The information contained in this Website is for general information purposes only. Any reliance you place on such information is strictly at your own risk. Vcinity may make changes to specifications and product descriptions at any time, without notice, and will have no liability or responsibility whatsoever for any conflicts or incompatibilities arising or resulting from such changes. The information and Materials offered and published on this Website are subject to change at any time without notice.

In no event will Vcinity or any of Vcinity’s directors, officers, employees, agents, or other representatives, or any third party, be liable for any loss or damage including, without limitation, special, incidental, indirect or consequential loss or damage, or any loss or damage whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of this Website or the Materials.  These limitations on Vcinity’s liability will apply whether or not Vcinity has been advised of or should have been aware of the possibility of any such losses or damages.  Vcinity’s maximum liability hereunder shall be one hundred dollars ($100.00) per claim made in connection with these Terms.  You agree to release Vcinity from all obligations, liabilities, claims, or demands in excess of this limitation.

Through this Website, you are able to link to other third-party websites. Vcinity has no control over the nature, content or availability of such websites. Vcinity does not review, approve, recommend, or endorse any third-party website or the information and materials offered thereby.  Any such links to other websites are provided by Vcinity solely as a convenience to you.  Under no circumstances will Vcinity be liable in any way for any third-party submitted or provided content including, without limitation, any errors or omissions or damages of any kind.  By your use thereof, you agree that you must evaluate and bear all risks associated with the use of any third-party content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such content.

Every effort is made to keep this Website up and running smoothly. However, Vcinity takes no responsibility, and will not be liable, for this Website being temporarily unavailable due to technical issues beyond our control or for any other reason whatsoever.  Vcinity reserves the right to modify or discontinue, temporarily or permanently, this Website and the Materials published herein (or any part thereof) with or without notice.  Vcinity may make changes to this Website and the Materials published herein at any time without notice.  Vcinity makes no commitment to update this Website or the Materials.

Vcinity may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms as they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located elsewhere in this Website.

Legal Copyright Notice
This Website and its content are the property of Vcinity™. Any redistribution or reproduction of all or any part of the contents of this Website in any form is strictly prohibited, except for the following:
• You may print or download all or any part of this Website to a local hard disk for your personal and non-commercial use only.
• You may copy the content of this Website to individual third parties for their personal use, but only if you acknowledge this Website as the source of the material.
• You may not, except with our express written permission, (1) distribute or commercially exploit the content of this Website; or (2) transmit or store such content in any other website or other form of electronic retrieval system.

Vcinity, the Vcinity logo, Ultimate Access, Radical X, RAD X, Ultimate X, ULT X, Command X and Access X are trademarks of Vcinity, Inc. in the U.S. and other countries.

Children (persons under the age of 18) are not eligible to use this Website unsupervised, and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Website in conjunction with and under the supervision of your parents or guardians.