Term of Use

ASSENT TO AGREEMENT

BY USING THIS WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.

This website is provided by Viridiant LLC, and may be used for informational purposes only. If the user is not an individual, then “you” means your company, its officers, members, agents, successors, and assigns.

RESTRICTIONS ON USE

Except as otherwise permitted in writing by Viridiant, no materials from the Viridiant site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Viridiant site for noncommercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Viridiant site for public or commercial purposes, including any text, images, audio, or video without Viridiant’s written permission. You may not mirror any material contained on this site on any other server. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Viridiant without express written consent. You may not use any metatags or any other “hidden text” using Viridiant’s name or trademarks without the express written consent of Viridiant. Any unauthorized use terminates the permission or license granted by Viridiant.

INTELLECTUAL PROPERTY

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software is the property of Viridiant or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the US copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and Viridiant owns a copyright in the selection, coordination, arrangement, and displayed enhancement of such content. All software used on this site is the property of Viridiant or its software suppliers and is protected by US and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on the site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site, except as specifically permitted below, is strictly prohibited.

LIMITED LICENSE

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including without limitation any of our affiliates and any third party operating any site to which this Site contains a link. The inclusion of a link on the Site does not imply endorsement of the linked site by us or by our affiliates.

REPRESENTATIONS AND WARRANTIES

By using this site, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this website in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind the contracting party; and (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from Viridiant for any purpose.

DISCLAIMER OF WARRANTIES

You expressly agree that use of the Viridiant site is at your sole risk. Neither Viridiant, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, Providers), or the like, warrant that the Viridiant site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Viridiant site or the content contained therein, or as to the accuracy, completeness, reliability, security or currency of the content. The content may contain errors, omissions, inaccuracies, or outdated information. Further, Viridiant does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the site. Viridiant reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the site. Viridiant may make any other changes to the site, the content and the products, programs, services or prices (if any) described in the site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE ARE PROVIDED BY VIRIDIANT ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. VIRIDIANT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THE VIRIDIANT SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. VIRIDIANT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT, OR INFORMATION ON THE VIRIDIANT SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE VIRIDIANT SITE OR YOUR USE OF THE VIRIDIANT SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITIES

YOU AGREE THAT VIRIDIANT AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THE VIRIDIANT SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, SHALL VIRIDIANT OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OR PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THE Viridiant SITE, YOUR USE OF, OR INABILITY TO USE, THE VIRIDIANT SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER VIRIDIANT OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

DISCUSSION AREAS

Viridiant may operate discussion areas in a good faith attempt to foster open communication via the Internet. Viridiant requests that only messages suitable to the subject matter of discussions are posted, and such messages are respectful of others. Viridiant reserves the right to cancel any message posted at any time. The views expressed in discussion areas are the thoughts and ideas of the posting author only; Viridiant does not necessarily support or endorse any such views. Furthermore, Viridiant is not responsible for any loss or damage that may occur directly or indirectly from the posting of a message to the discussion area.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Viridiant, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

DISPUTE RESOLUTION

Any dispute relating in any way to your use of the Viridiant site shall be submitted to confidential arbitration in Richmond, Virginia, except that, to the extent you have in any manner violated or threatened to violate Viridiant’s intellectual property rights, Viridiant may seek injunctive or other appropriate relief in any state or federal court in Richmond, Virginia and you consent and submit to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

LIMITATIONS ON CLAIMS

Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises.

TERM AND TERMINATION

Without limiting its other remedies, Viridiant may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement.

HYPERLINK DISCLAIMERS

As a convenience to you, Viridiant may provide, on this site, links to websites operated by other entities (collectively the “Linked Site”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hot links, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Viridiant. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Viridiant. Viridiant does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site, other than linked information authored by Viridiant. Links do not imply that Viridiant or this site sponsors, endorses, is affiliated or associated with, or its legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Viridiant or any of its affiliates or subsidiaries. Except for links to information authored by Viridiant, Viridiant is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Link Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. Viridiant reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web matters of any Linked Sites concerning any information, goods and/or services appearing thereon.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Viridiant and you with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Viridiant with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

Viridiant may revise the Agreement at any time and you agree to be bound by the revised Agreement. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Viridiant does not and will not assume any obligation to notify you of changes to this Agreement. This Agreement shall supersede any prior or subsequent terms or conditions included with any communications or agreement, whether or not such terms or conditions are signed by Viridiant. Viridiant reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.