VertiMax, LLC
General Terms and Conditions
Users declare to explicitly agree to these Terms of Use when using a VertiMax website, app, or any other product or service from VertiMax. The Terms of Use also apply to all contracts of VertiMax. Users of the products and contracting parties to which these Terms of Use apply, will each be hereafter referred to as “the user”.
Privacy Policy
VertiMax values the privacy of its users and therefore values a clear privacy policy. More information can be found in the ‘Privacy Statement’ of VertiMax.
Use
The use of the products of VertiMax by a user is only allowed if these Terms of Use and the Privacy Statement are agreed upon by the user. Therefore, by using one or more products of VertiMax, the user shall be deemed to agree with these Terms of Use (and the Privacy Statement). VertiMax, however, reserves the right to forbid the use of and/or access to its products to any user without prior notice or reason by, for example, blocking or removing profiles or by blocking IP addresses of computers in case VertiMax finds this appropriate, such at its own discretion.
Profiles are restricted to natural persons only. Profiles and groups can be removed without prior notice and shall have no recourse against VertiMax as a result thereof, including, but not limited to, with respect to lost files or information or other direct or indirect damages.
Objectionable Content
Objectionable Content may not be submitted to the products and VertiMax. VertiMax moderates all content and ultimately decides whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
Age
In order to use the products of VertiMax, one must be the valid minimum age in the applicable jurisdiction in order to be able to make a valid and legally binding contract for said products. Persons below said age need the explicit permission from their parents or legal guardian in order to agree with these Terms of Use or make a binding agreement with VertiMax in any other way. Your access to the products may be terminated without warning if VertiMax believes, in its sole discretion, that the foregoing has not been complied with.
Offered Information
Although the information on all VertiMax websites and the information contained within its products – with the exception of the user-generated content – is made with great care and accuracy, reliability and suitability cannot be guaranteed. Therefore, relying on the information on the VertiMax websites or the information contained within its products, whether or not originating from VertiMax, is completely at the user's own risk.
Not Medical Advice
The information on VertiMax websites and in its products is explicitly not meant for replacing medical care, medical advice or support by professionals within other disciplines. VertiMax products and services should, for example, never be used for self-diagnosis or treatment of ailments and conditions of any person. Users should immediately consult their doctor with any medical questions, complaints and/or symptoms prior to using or continuing to use any products or services of VertiMax.
By accepting these Terms of Use, the user explicitly recognizes that VertiMax cannot be held liable for any defects and/or wrong information contained within the information offered in its products or services or on any of its websites nor the possible damage which may occur as a result thereof.
Consult Doctor before Physical Exercise
Performing physical exercise or following a diet plan can pose health risks, including injuries and death. Users who wish to start with any form of physical exercise or a diet plan with VertiMax products and services must always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience pain or become dizzy or short of breath should immediately stop the physical exercise and contact a doctor for advice.
Rights of Intellectual Property
By accepting these Terms of Use, the user explicitly recognizes that all designs, information, images and other content within any of VertiMax´s products or services are the property of VertiMax, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.
VertiMax grants the user a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use its products for personal purposes and under these Terms of Use.
It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content referenced above for direct or indirect commercial purposes, unless explicitly agreed in written form with VertiMax.
The user agrees not to perform any acts that infringe or could reasonably infringe the rights of VertiMax detailed herein. To the extent that VertiMax agrees with any third-party to include any of its intellectual property in any product or service of VertiMax, the user shall have the same rights, responsibilities and restrictions with respect to such intellectual property as those with respect to the intellectual property of VertiMax as against the user.
Licensing for Shared Information
The user grants VertiMax a continued, worldwide, unlimited, irrevocable, non-exclusive license without any extra remuneration by VertiMax, including the right to sub-license, to all information, including, but not limited to, texts, images, photos, video and sound files, designs and user information, which is uploaded to, shared with or saved within the products or services of VertiMax or shared with VertiMax in any other way by the user (hereafter: “the Shared Information”) to use, copy, distribute, transfer, perform, modify, or use, for commercial or other purposes, through all existing media.
VertiMax shall protect its users’ privacy and act in accordance with applicable United States privacy legislation and international data security standards. VertiMax shall not sell or otherwise share personal data of its users to third parties for marketing and sales purposes, unless in the case of prior written consent by the user(s) of the data involved. More information can be found in the Privacy Statement linked above.
By accepting these Terms of Use, the user guarantees that the Shared Information does not infringe any intellectual property right, privacy or other rights of third parties, does not contravene any applicable law, does not contain pornographic material nor is otherwise offensive, does not constitute a threat or defamation, is free from viruses or other code which is harmful or could be harmful to VertiMax and has no commercial purpose. The user remains fully responsible and liable for any direct or indirect damage caused to VertiMax and third parties due to the Shared Information.
User Information and Registration
The user declares that the information provided, in example for registration, is correct and complete and that it will update such information where possible within the products of VertiMax in case of changes. Any passwords should be stored carefully and may not be shared with third parties.
The user may not grant third parties access to VertiMax products or services via its own registered account. In case the user shares its account access information with third parties, it will be fully responsible and liable for direct and indirect damage resulting therefrom.
The user agrees that VertiMax saves, processes and stores all the data provided by the user, including through use of the products. More information can be found in the Privacy Statement linked above.
Communication
VertiMax may send varying communications to users via the products, including update notifications or reminders, emails or other communications. Users can indicate in the settings to what extent they wish to receive said communications. The user agrees that VertiMax may approach the user for important changes or updates to the products in case deemed necessary by VertiMax. Such communication shall in principle never contain any commercial messages from third parties.
Users can communicate with each other within the products, e.g. by placing comments or sending messages or discussing within groups. The user declares not to send spam or any other communications which are undesired by the receiver, being commercial or otherwise, including, but not limited to, threatening, aggressive, obscene, ignominious, offensive, privacy infringing or commercial communications. Any acts contrary to these conditions can – as with the other conditions – result in immediate denial of access and use of the products and services of VertiMax and termination of the user license.
VertiMax is at any time free to delete any user communications or other Shared Information without any prior or further notice to the user if these are regarded to be below standard or otherwise inappropriate by VertiMax.
Information from Third Parties
The products may contain information from third parties or refer thereto, including but not restricted to information created by users, advertisements, banners and/or website links (hereafter: “Information from Third Parties”).
Information from Third Parties generally is and cannot be previously checked by VertiMax, which means that we cannot guarantee the quality and validity thereof. VertiMax is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage that may result from it.
Unlawful Information
After a report of unlawful conduct, VertiMax will investigate the presence of unlawful information in one or more of the products within a reasonable time and will take action against it if possible. Any unlawful communication should be reported directly via email to support@vertimax.com. This report should in any case contain the following information:
Paid Products
The listed prices of the products are in USD, as applicable. All listed prices are conditional and can be adjusted without prior notice. Users shall direct questions with respect to fees to support@vertimax.com.
The products and services of VertiMax shall be delivered as soon as possible or within the agreed period after payment. VertiMax reserves the right to restrict access in the event of repeated non-payment or delayed payments for any product or service. VertiMax accepts no liability for any damage in case the delivery takes place after the agreed period.
Modifications to the Products
VertiMax explicitly reserves the right at any time to modify, stop or change all or a part thereof of one or more of its products or services, for a determined period or in perpetuity, without prior notification or after to the user, whether it concerns paid or unpaid products. This may also result in inaccessibility or loss of a part or the whole of the Shared Information, including the Shared Information of the user. VertiMax cannot be held liable for any direct or indirect damage resulting thereof.
Modification of Terms of Use
VertiMax reserves the right to change these Terms of Use at any time. After such a modification, the modified Terms of Use will be offered for inspection immediately on VertiMax’s website or via an app. By using the website and the other products of VertiMax after changes to the Terms of Use, the user shall be deemed to agree to the modified Terms of Use.
Conformity and Exclusion of Liability
The products and the content thereof are delivered by VertiMax as such, including potential defects. Neither VertiMax, nor its representatives, partners or suppliers give any guarantee, explicit or implicit, regarding the functionality of the products or services or any content thereof.
VertiMax cannot and does not guarantee that the products or services are available at any moment at any location, and that said availability will occur safely, or that any errors will be solved or that the products will be free from viruses or other potentially damaging software or parts.
The user acknowledges that the products may contain potential defects and accepts the risks for any direct or indirect damage that may occur thereof. In no case shall VertiMax be held liable by the user or any third-parties in the case of damages resulting directly or indirectly in the case of any defect in its products or services. The user cannot terminate any agreement with VertiMax based on actual or perceived non-compliance with any term thereof.
Electronic Signature
By using the products or services of VertiMax the user is deemed to provide an electronic signature so that these Terms of Use apply.
Application and Competence
These Terms of Use replace all prior agreements or commitments with respect to the matters contained herein.
One or more parts of these Terms of Use may not apply in the applicable legal system or be found to be unenforceable. In any such case, the remaining parts of these Terms of Use shall remain valid between the user and VertiMax.
The laws of the State of Florida apply to these Terms of Use. Any disputes which may result herefrom will be exclusively decided upon by the competent court in the State of Florida, United States.
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