Access to and use of this World Wide Web Site (the "Site") is provided subject to these conditions. Use of this Site constitutes acceptance of these conditions.
VLink, together with its affiliates, has made reasonable efforts to ensure the information provided at this Site is accurate at the time of inclusion, however it accepts no liability for any inaccuracies or omissions in this Site. VLink and its affiliates may make changes in the products, services and/or the programs described in this information at any time without prior notice.
The purpose of each Organization's web site is to provide an educational tool to their staff and students and to provide an additional means of communication between the school system and the community. Many of an Organization's pages contain links to sites not managed by VLink or the Organization. Although each Organization does routinely check their links in an effort to make sure they remain live and appropriate, these links may change at any time. Neither VLink, the Organization, or the Organization's County School System is liable for information provided on these sites and cannot be held responsible for their content.The materials in this Site are provided "AS IS", "AS AVAILABLE", and without warranties of any kind, either express or implied.
To the fullest extent PERMISSIBLE pursuant to applicable law, VLink disclaims all warranties, express or implied, including but not limited to, IMPLIED warranties of merchantability and fitness for a particular purpose. VLink does not warrant or represent that the information or materials (including but not limited to the documents and related graphics) available at or from this site are accurate or suitable or reliable or that the site will be free of errors, viruses, bugs, problems or other limitations.
The Account Holder agrees to indemnify the Owner (including respective officers, directors, agents and employees) against, and hold them harmless from, all costs, expenses and liabilities arising from or related to the Site.
It is a condition of allowing you access to this site that under no circumstances, including but not LIMITED to negligence, will VLink be liable for any loss or damage, direct, indirect, special or consequential (including without limitation, any lost profits, business interruption, loss of programs or other data) arising out of or in connection with the use or performance of information, software, documents, provision of or failure to provide service, or information available from this site, even if VLink was expressly advised of the possibility of such damages.
You agree not to disturb the normal operation of this Site, not to infringe the integrity of this Site by hacking, altering the information contained in this Site, not to prevent or limit access to this Site or to other users, or otherwise. If these conditions are not accepted in full, the use of this Site must be terminated immediately2. Use of Services
The Member Account holder (Account Holder) may use the services to access any permitted Member Account and to conduct transactions as may be permitted with respect to any such Member Account. The Account Holder agrees to follow the instructions of VLink and its affiliates in effect from time to time with respect to the use of the Services.3. Limitations
The Account Holder agrees that the Services will be available only on an "as is" and "as available" basis.
VLink offers the Services in order to improve the accessibility of the web site to its Account Holders. However, the provision of Services is dependent in part on communication lines and other third party equipment and services.
The account holder agrees that notwithstanding where caused by the negligence of VLink or any of its employees, VLink will not be liable for any delay, loss, damage (direct, indirect or consequential) or inconvenience whatsoever caused by or arising from the provision or failure to provide services or the malfunction or failure to operate of any card-activated device, software or equipment for any reason whatsoever. In no event will VLink be liable for any personal injury or property damage or any loss of business or profit or other indirect or consequential damages whatsoever.
If the Account Holder wishes to continue the use of their Site. payment for an additional year must be received no later than September 1 of each year. VLink shall have the right to deactivate all of the pages related to the Account Holder and suspend Services if payment in full is not received by that date.
If the Account Holder's Site has been terminated, a $49 reactivation fee plus any past due fees, plus VLink's approval would be required to re-establish the Site. Previous promotions may no longer be applied, however, current promotions may be applied.
The Account Holder agrees to assume full responsibility for the payment of all sales, use, property, excise, duties, or other taxes due upon sale of products and services related to order transactions from buyers on the Site.5. Transaction Verifications and Records
All Transactions are subject to verification and acceptance by VLink. Verification may take place on a date later than the date the Account Holder authorized any Transaction and may affect when the Transaction becomes effective. If VLink gives credit for any check or deposit item, but does not receive final payment in respect of that check or item, then the credit may be reversed.
VLink's records of each Transaction, and VLink's accounting records, will be deemed to be correct, and will be conclusive and binding upon the Account Holder. Any record of a Transaction generated by any Card-Activated Device or Software will be for the Account Holder's convenience only. If the Account Holder believes that VLink's records contain an error or omission, the Account Holder must give written notice of the suspected error or omission to VLink within 30 days of the Transaction date of the error or omission.
If VLink does make an error or omission for any reason with respect to the recording of any transaction, the liability of VLink will be limited to the amount of the error or omission in recording. Specifically, the account holder agrees that VLink will not be liable for any other loss, or any loss of business or profit or any other damage (direct, indirect or consequential) or delay or inconvenience whatsoever caused by or arising from any such error or omission.
6. Point-of-Sale Services
If the Account Holder wishes to sell items on their Site the Account Holder understands that they must first establish an account with a merchant using Authorize.net as their payment gateway or Paypal. The Account Holder may acquire a merchant account through the reseller of their choice, provided they are acquiring an Authorize.net/Paypal account. All fees and commissions for the merchant account are separate from any fees required by VLink. The relationship the Account Holder has with their merchant of choice is completely separate from their relationship with VLink.
When the Member Account is used for point-of-sale purchases of goods or services, the sale agreement is between the Account Holder and the merchant. VLink will not be liable for the quality or non-receipt of the goods or services. Any claims or disputes between the Account Holder and the merchant, including the Account Holder's rights to compensation, must be settled directly between the Account Holder and the merchant.
Once the Account Holder has authorized a Transaction, the Member Account has been accepted by a merchant and the Transaction request has been processed, the Account Holder may not revoke or stop any such Transaction.7. Termination
VLink may at any time without notice, withdraw permission to use any of the Services, or cancel or alter any of the Services without being liable for any loss resulting from such action. The termination of Services for any reason will not relieve the Account Holder of any obligation under this Agreement with respect to the Services.
VLink may suspend Services to the Account Holder at any time, if in VLink's discretion the web site or any portion thereof violates generally accepted standards of good taste and acceptable business practices. Upon written notification via email to the Account Holder, if the content is not revised and resumitted by the Account Holder within a five(5) day period, Service will be terminated.
The Account Holder may choose to terminate their Site at any time, but must provide written notice to the Owner. the official termination date will be 10 days after receipt of the cancellation notice. VLink will refund a pro-rated amount of the annual lease fee.8. Changes to Agreement
VLink can add to or change the terms and conditions of this Agreement from time to time. Any such revision or change will be binding and effective immediately upon posting of the revised agreement or change to the service(s) on this website, or upon notification to you by e-mail or Postal service. You agree to periodically review our websites, including the current version of this Agreement as available on our websites, to be aware of any such revisions. If the Account Holder continues to use any of the Services after the effective date of any additional or amended term or condition to this Agreement, then the Account Holder will be deemed to have accepted such additional or amended term or condition.9. Notice Specific to Software Available on this Site
Any software that is made available at this Site for downloading (the "Software") is copyright work of VLink and/or its licensees. Use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included with the Software ("License Agreement").
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.
The software is warranted, if at all, only according to the terms of the license agreement. Except as may be warranted in the license agreement, VLink hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
10. Notice Specific to Documents Available on this Site
Permission to use documents (such as press releases, datasheets and Frequently Asked Questions (FAQS) from this Site is granted, provided that (a) the copyright notice set out below appears in all copies and that both the copyright notice and this permission notice appear, (b) use of such documents from this Site is for informational and non-commercial or personal use only and such documents are not to be copied or posted on any network computer or broadcast in any media, and (c) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Site or any other VLink owned, operated, licensed or controlled Site. Elements of VLink websites are protected by copyright and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sounds or image from any VLink website may be copied or retransmitted without the express written permission of VLink.11. Links to Third Party Sites
The links to other websites may allow you to leave VLink's site. The linked sites are not under the control of VLink and VLink is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. VLink is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or any representation by VLink of the site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, bugs, problems or other limitations.
In no event shall VLink be liable to any party for any direct, indirect, special or consequential damages for any use of this site or any other linked website, including without limitation, any lost profits, business interruption, loss of programs or other data, even if VLink was expressly advised of the possibility of such damages.
In addition to the Ad spots made available to the Account Holder, VLink has the right to display at most 3 Ads on the Account Holder's site. These Ads will be at the discretion of VLink, however, any Ad that would be considered inappropriate by the Account Holder's County School Board would also be considered inappropriate by VLink and would therefore not be allowed on the Account Holder's site. The Account Holder has the right to advertise on its portion of the web site using the included format without incurring any additional fees and Vlink will not seek to collect any portion of the Account Holder's advertisement income.
VLink agrees to keep email addresses of the Account Holder's registrants confidential and agrees to not share or sell email addresses with/to outside parties.13. Giving Suggestions and Other Information to VLink Using this Site
Except for the information you include as part of the various forms for mailing and ordering purposes, by communicating with VLink, you grant VLink permission to use, reproduce, display, perform, modify, transmit and distribute for any purpose VLink chooses, commercial, public or otherwise, any information, suggestions, ideas, drawings or concepts communicated, without compensation whatsoever.14. Governing Law
This Site and all disputes or other matters arising out of it shall be governed by the laws of Florida, US and dealt with by a court of competent jurisdiction in Florida, US or such other location as the parties may agree. You agree that if you commence an action and do not obtain a judgment against VLink, the user will pay all of VLink's costs including reasonable fees for in-house and outside counsel.15. Copyright Notice
The materials on this Site are protected by copyright and other laws. Copyright and/or its licensees, 2009. All rights reserved.16. Trademarks
Certain trademarks, trade names, images, logos and pictures at this Site are proprietary to VLink and its associates or other entities. Except as may be expressly provided, nothing contained herein shall be construed as conferring any license or right under copyright or other intellectual property rights.17. Rights Reserved
Any rights not expressly granted herein are reserved.