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    Conditions of Use

This policy is effective as of February 1, 2007.

You are currently viewing a page on the www.vonllc.com web site or a related web site (the “Site”) belonging to von LLC. This Site and any of the services provided by von LLC are being provided to you expressly subject to these Conditions of Use. Please carefully read these Conditions of Use carefully. BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THE CONDITIONS OF USE.

General
von LLC reserves the right to modify these Conditions of Use at any time without notice, but the most current version of the Condition of Use will always be available to you by clicking on the link at the bottom of the Site. If you find the Conditions of Use unacceptable at any time, you may discontinue your use of the Services. By continuing to use the Services after the date of any change to these Conditions of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement.

von LLC reserves the right to modify or terminate the Services and the Site or to terminate your access to the Services and Site, in whole or in part, at any time. These Conditions of Use constitute a contract between you and von LLC governed by the laws of the State of Colorado, with the exception of its conflicts of laws provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Conditions of Use. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Denver, Colorado. Unauthorized use of this system is prohibited and violators may be prosecuted under federal and state laws.

Privacy
von LLC is firmly committed to protecting your privacy. Please see von privacy policy (
http://www.vonllc.com/von%20privacy%20policy.html)

Disclaimer
THE SERVICES ARE OFFERED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

YOU ACKNOWLEDGE THAT NEITHER VON LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. VON LLC DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER'S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.)
ACCORDINGLY, VON LLC MAKES NO REPRESENTATION WHATSOEVER CONCERNING THIRD PARTY WEBSITES. ALTHOUGH VON LLC MAY PROVIDE A LINK TO A THIRD PARTY, SUCH A LINK IS NOT AN AUTHORIZATION< ENDORSEMENT, SPONSORSHIP OR AFIRMATION BY VON LLC WITH RESPECT TO SUCH SITE, ITS PROVIDERS AND OWNERS. VON LLC HAS NOT TESTED ANY INFORMATION, PRODUCTS OR SOFTWARE FOUND ON SUCH WEB SITES AND THEREFORE CANNOT MAKE ANY REPRESENTATIONT WHATSOEVER ABOUT THEM. IT IS UP TO YOU TO MAKE SURE THAT SUCH ITEMS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES AND OTHER SIMILARLY DANGEROUS ENTITIES.
IN NO EVENT WILL VON BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT VON LLC IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VON LLC WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM.

Copyrights/Trademarks/Restrictions on Use
All of the pages and screens on the Site are owned and controlled by von LLC, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without von LLC's prior written consent.

The Site may contain links to Web sites controlled or offered by third parties. von LLC hereby disclaims liability for any other company's Web site content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you the linked site provider.

Notice of Claimed Infringement
von LLC respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SITE’s Designated Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on a SITE;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to:

Brian T. Wengler
1200 Humboldt Street, Unit 102
Denver, Colorado 80218
Phone: (720)989-9861
vonllc@gmail.com

Please do not send other inquires or information to our Designated Agent.

Notice of Takedown Procedures
The SITE implement the following “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement. The SITE reserve the right at any time to disable access to, or remove any material or activity accessible on or from the SITE or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.  It is the firm policy of the SITE to terminate the account of repeat copyright infringers, when appropriate, and the SITE will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The SITE’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply with three requirements for identifying SITE that are infringing according to §512 of the DMCA, the SITE shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the SITE will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The SITE reserve the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.

No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

Binding Arbitration
If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Denver, Colorado, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.

Assignment
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.

Severability
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Conditions of Use, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Conditions of Use will continue in full force and effect.

Headings All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Conditions of Use.

No waiver of SITE shall be deemed a waiver of any subsequent default of the same provision of these Conditions of Use. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Conditions of Use .

Complete Agreement
These Conditions of Use constitute the entire agreement between the parties with respect to your access and use of the SITE and the Materials contained therein, and your membership with the SITE, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Conditions of Use will be binding unless in writing and signed by a duly authorized representative of both parties.

Violation of Terms and Indemnification
Von LLC reserves the right to seek all remedies available at law and in equity for violations of these Conditions of Use, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VON LLC FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.

Please feel free to email us at: vonllc@gmail.com with any questions or concerns. Please state "Re: Von Conditons of use in subject line".

 
 

 

 

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