Zoftec LLC dba Veras Retail (“Veras Retail” or “we,” “our,” and “us”) welcome you (the “User(s)”, or “you”) to our website at: www.verasretail.com (the “Site”).
CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. THIS DOCUMENT CONTAINS LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE THIS WEBSITE. USE OF THE WEBSITE CONSTITUTES AN AGREEMENT TO THESE TERMS.
USE OF WEBSITE
You may use the Website solely for your own internal business purposes or personal use and, in any event, for lawful purposes only. You are solely responsible for your conduct and activities on the Website. You agree not to take any action that might affect the security of the Website, render the Website partially or wholly inaccessible to others or otherwise negatively alter or damage the Website and you agree not to use the Website in any manner that might interfere with the rights of end users or any third parties.
You shall not:
- access or use the Website if you are not able to enter into legally binding agreements, are a minor or otherwise without the authority and capacity to legally form a contract, or are temporarily or permanently suspended from using the Website;
- copy, reproduce, modify, distribute, or publicly display the Veras Retail Content or content from the Website or create derivative works from any such content or the Veras Retail Content, unless agreed to in advance in writing by Veras Retail;
- infringe upon Veras Retail’s or any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity;
- engage in activities that are defamatory, libelous, unlawful or illegal, threatening, harassing, or impersonate or intimidate any end user (including Veras Retail’s employees), or falsely state or otherwise misrepresent your affiliation with any person;
- engage in fraudulent activities;
- engage in any conduct on the Website that could result in a violation of any applicable law, statute, ordinance or regulation, or that violates these Terms and Conditions;
- transmit code that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;
- interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- take any action that imposes an unreasonable or disproportionately large amount of information or data on the Website or that adversely affects our ability to operate the Website or our System Resources as determined solely by us;
- use any robot, spider, scraper or other automated means to access the Website or our System Resources for any purpose whatsoever without our express prior written permission;
- bypass, disable, or otherwise tamper with any robot exclusion headers or other security measures used to prevent or restrict access to the Website or our System Resources,
- reverse engineer, modify, adapt or hack any of the Website or our System Resources;
- create a website which falsely implies that it is associated with Veras Retail;
- interfere with Veras Retail’s relations with third party providers such as suppliers and vendors; and/or
- violate these Terms and Conditions or any applicable law, statute, ordinance or regulation.
Veras Retail owns or has all rights to (a) the Website and the domain name, (b) all proprietary and intellectual property on the Website including without limitation, all trade names, taglines, trademarks, service marks, copyrights, and patents, (c) all software, code, technology, and functionality used for, by, or to enable, the Website and/or the System Resources, (d) all documents, information, manuals, and publications and all updates, new versions and derivatives on or produced by the Website, the System Resources, or Veras Retail in electronic form or hard copy, and (e) all text, designs, graphics, pictures, images, data, and information on the Website (collectively, the “Veras Retail Content”), all of which is subject to protection by state and federal laws, including, but not limited to, United States copyright laws, patent laws, trademark laws, and international treaties. Except for the limited right granted to you under these Terms and Conditions to use Veras Retail’s Website and the System Resources, no license in any Veras Retail Content is hereby granted or transferred to you, and Veras Retail retains all right, title and interest, including all intellectual property rights, in and to all Veras Retail Content. There are no implied rights. All rights not expressly granted to you by Veras Retail are hereby reserved by Veras Retail. You hereby agree not to otherwise negatively alter or damage the Veras Retail Content. You hereby acknowledge that the Veras Retail Content includes information of a confidential or proprietary nature (such as Veras Retail’s pricing, marketing methodology, and business processes), and you agree to hold such proprietary information strictly confidential and only use it for purposes of exercising your rights as an end user under these Terms and Conditions and you agree not to use or disclose such information to any third party during the term of these Terms and Conditions and for a period of three (3) years after its termination.
The Veras Retail Content may not be used in any manner that is likely to cause confusion including, without limitation, as part of your business, your trademarks, service marks, trademarks, domain names, or email address, or otherwise in connection with your products or services except as expressly permitted in writing by an authorized officer of Veras Retail.
CHANGES TO WEBSITE
Veras Retail reserves the right to modify or terminate the Website for any reason.
VERAS RETAIL PROVIDES THE WEBSITE AND ALL SYSTEM RESOURCES ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. VERAS RETAIL SPECIFICALLY DISCLAIMS, TO THE FULL EXTENT PERMITTED BY LAW, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, TIMELINESS, CORRECTNESS, AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND THE SYSTEM RESOURCES. NO STATEMENT WHETHER VERBAL OR IN WRITING OBTAINED BY YOU FROM VERAS RETAIL WILL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES THEREFORE, IN SUCH STATES ANY IMPLIED WARRANTY IS HEREBY LIMITED IN DURATION TO THE PERIOD REQUIRED BY SUCH APPLICABLE LAW. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION ON LIABILITY
VERAS RETAIL SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR INDIRECT, GENERAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL AND/OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, OR USE, OR LOSS OF ANY OTHER ECONOMIC ADVANTAGE), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED TO, THIS THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON, USE OF, IMPROPER USE OF, OR INABILITY TO USE THE WEBSITE, AND/OR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, WHETHER OR NOT VERAS RETAIL HAS BEEN ADVISED OF SUCH DAMAGES.
VERAS RETAIL’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS AND THE SYSTEM RESOURCES WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO VERAS RETAIL IN THE PRIOR MONTH OR $100, WHICHEVER IS GREATER. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. VERAS RETAIL DISCLAIMS ALL LIABILITY OF ANY KIND OF VERAS RETAIL’S LICENSORS AND SUPPLIERS.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OF WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND TO THE EXTENT THOSE LAWS ARE APPLICABLE NOTWITHSTANDING THE DISCLAIMERS AND LIMITATIONS IN THE ABOVE PARAGRAPHS, VERAS RETAIL’S WARRANTIES ARE EXCLUDED AND ITS LIABILITY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY VERAS RETAIL FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, ADMINISTRATIVE PROCEEDINGS, DEMANDS, COSTS, LOSS, LIABILITY, DELAY AND EXPENSE INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY ARISING OR RESULTING FROM EACH OF THE FOLLOWING: (A) YOUR ACTIVITIES, WHETHER OR NOT WITHIN THE SCOPE OF THESE TERMS AND CONDITIONS, (B) YOUR FAILURE TO ABIDE BY THESE TERMS AND CONDITIONS, (C) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, (E) ANY INFORMATION OR DOCUMENT UPLOADED TO OR MADE AVAILABLE ON THE WEBSITE OR A SYSTEM RESOURCE,OR (F) YOUR USE OR INABILITY TO USE THE WEBSITE.
YOU RELEASE VERAS RETAIL FOR AND FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH, (A) YOUR USE OF THE WEBSITE, (B) THE USE OF THE WEBSITE BY OTHERS, AND (C) YOUR ACTIONS, INACTIONS, AND/OR OMISSIONS AND THOSE OF OTHER END USERS OF THE WEBSITE.
By using the Website, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website.
If any provision of these Terms and Conditions is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these Terms and Conditions, and shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
If you have a problem with the Website, then please contact us at firstname.lastname@example.org to report the problem. Notices to us shall be sent by first class U.S. postal mail to: Veras Retail Attn. Legal, 2325 W utopia Road, Phoenix, Arizona 85027, U.S.A.
If any of these Terms and Conditions is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these Terms and Conditions, and these Terms and Conditions shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
Veras Retail shall not be liable for damages for any delay or failure of delivery arising out of causes beyond Veras Retail’s reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, labor strikes, fires, riots, wars, embargoes, internet disruptions, hacker attacks, or communication failures.
Those clauses the survival of which is necessary for the interpretation or enforcement of these Terms and Conditions shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination of these Terms and Conditions, such clauses to include, without limitation, the following: Warranty Disclaimers, Limitation of Liability, Veras Retail Content, Security, Notices, Applicable Law, Jurisdiction and Venue, Severability, Force Majeure, and Miscellaneous.
These Terms and Conditions constitutes the entire understanding of the parties with respect to the subject matter hereof and merges all prior communications, understandings, and agreements. The failure of either party to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. These Terms and Conditions are written in English, and English is its controlling language.