Web Site Terms of Use & User Agreement  
 

1.   Terms of Use
These Terms of Use set forth the terms and conditions that apply to your use of VERANGOMEDIA.COM / VERACART.COM (the "Website"). The following are terms of a legal agreement between you and Verango, Inc. ("Verango") regarding the use of the Website or any other services from Verango. By doing business with Verango, engaging in, accessing, browsing or using this Website in any manner, you acknowledge that you have read, understood, and agree, to be bound by these Terms of Use and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this Website, nor our services.

2.   Copyrights and Trademarks
"Verango" and other trademarks and/or service marks (including logos and designs) found on the Website are trademarks/service marks that identify Verango, Inc. and the goods and/or services provided by Verango. Such marks may not be used under any circumstances without the prior written authorization of Verango. Use of any of our trademarks as metatags on other Websites also is strictly prohibited.

3.   Limited License; Copyright and Intellectual Property Law Restrictions.
Except for public domain material, the content on this site is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the material at this site ("Content") while connected to this Website. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to or deletion of author attribution or copyright notices are prohibited. Commercial use of any of the Content is strictly prohibited.

4.   Links.
We may provide links from our site to other sites as a convenience to our visitors. We have no control over linked sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. Verango does not control third-party websites and is not responsible for the contents of any linked-to, third-party websites or any hyperlink in a linked-to website. Verango does not endorse, recommend or approve any third-party website hyperlinked from the website. Verango, Inc. will have no liability to any entity for the content or use of the content available through such hyperlink.

5.   Disclaimer of Warranty.
Verango does not warrant that any Verango site will operate error-free or that any Verango site and its servers are free of computer viruses or other harmful mechanisms, or that its servers or programs have the capacity to handle large amounts of data. If your use of any Verango site or Verango content results in the need for servicing or replacing equipment or data, Verango is not responsible for those costs. The sites and content on the website are provided on an "as is" basis without any warranties of any kind. Verango, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Verango content, services, software, text, graphics, and links.

6.   No Representations or Warranties; Limitation of liability.
The information and materials on the Website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. It is possible that the Website will not perform in accordance with expectations for reasons within or beyond the control of Verango. Verango makes no representations or warranties with respect to any information, materials or graphics on the Website (all of which is provided on a strictly "as is" basis, without warranty of any kind), and hereby expressly disclaims all warranties with regard to any service provided or any information, materials or graphics on the Website, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement. Under no circumstances shall Verango or the publisher be liable under any theory of recovery, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages (including, but not limited to loss of use or lost profits), arising out of or in any manner connected with the use of information or services, or the failure to provide information or services, from the Website. Verango shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use this Website (including, without limitation, fee-based products); or (b) the use of any content or other material (including, without limitation, fee-based products) on this Website or any Website or Websites linked to this Website, or (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Website (including, without limitation, the fee-based products); or (d) unauthorized access to or alteration of your transmissions or data; or (e) statements or conduct of any third party on our Website (including, without limitation, the fee-based products); or (f) failure of our servers or Website to function, for any reason, or (g) any other matter relating to this Website. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this Website. If you are dissatisfied with any portion of our Website, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of this Website.

7.   Changes to These Terms of Use.
Verango reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to Verango, Inc. with any questions relating to these Terms of Use to our standard point of contacts. The terms of this agreement will not be modified on an individual basis. You agree that we may modify the terms of this Agreement (or discontinue this site) in our sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the thencurrent version of these Terms and Conditions. You should therefore visit this page frequently.

8.   Disputes with Verango
Alternative Dispute Resolution: If you are unable to resolve your issue by working directly with us, Verango will consider reasonable requests to resolve disputes through alternative dispute resolution procedures, such as mediation or binding arbitration as alternatives to litigation. Accordingly, you and Verango agree to resolve any claim in accordance with this Agreement, or as otherwise agree to in writing.

Arbitration: For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $100,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Litigation. All claims you bring against Verango must be resolved in accordance with this section 8 of this Agreement. All claims filed or brought contrary to section 8 shall be considered improperly filed a breach of this Agreement. Should you file a claim contrary to section 8, Verango may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $5,000.00 USD, provided that Verango has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Any and all legal fees associated with an in-court dispute shall be paid by the client in the case that the judge rules in favor of Verango.

9.   Limitations on Work
Should an agreement of work be entered into between you (the client) and Verango, in which Verango cannot complete the work defined in the agreement within 25% of the allocated or proposed timeline and budget (based on Verango's hourly rate), Verango reserves the right to request further payment for the continuation of the work, as well as any work that may have exceeded this time and/or budget limit. All project bids constitute an estimate and not a guarantee in price. Verango also reserves the right to cease work on the project at any time and withhold delivery of any or all work relating to a project until all outstanding payments have been made on a project. The client may request a partial refund for any work not completed as defined in the original written statement or bid, proportionate to the work remaining. If a dispute should arise in regards to the amount owed, then section 8 applies. Refunds typically take up to 30 days to complete; but in some cases, may take longer.

10.   Jurisdiction and Venue
Law and Forum for Disputes: Any action or proceeding brought by either party which is based upon or derived, from or in any way related to this agreement shall be brought in a court of competent jurisdiction within Salt Lake City, Utah. The parties here to consent to their personal jurisdiction of said court. You agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of Utah, without regard to conflict of law provisions. In the event of any dispute arising out of or relating to this site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Salt Lake City, Utah. This Website is hosted on servers located in the United States and is intended to be viewed by residents of the United States.

10.   Late Fees and Termination of Contracts.
By engaging in business with Verango, you hereby agree to the following terms and conditions:

  1. You agree to pay interest on any unpaid regarding this account of 1 ˝% per month (18%per annum). If it becomes necessary to refer the account to a collection agency, you agree to pay a collection fee of 35% of the outstanding balance owing. Further, you agree to pay for any and all attorney’s fees and court costs incurred, should litigation become necessary.
  2. Should collection become necessary, you hereby expressly agree to pay all costs of collection including an additional collection of 35% whether or not the account is turned to an outside collection agency. You further agree to pay all court costs and attorney’s fees should legal action become necessary.
  3. You understand (regardless of my insurance status), that in the event of default of the above policies, you agree to pay all collection cost, but not limited to, reasonable attorney’s fees, court cost, costs of preparing documents for court and collection agency fees up to 50% of unpaid balance, whether incurred by filling a laswsuit or otherwise. All claims you bring against Verango must be resolved in accordance with this section 8 of this Agreement.


 
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