Terms of Use

THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTION 9 OF THIS DOCUMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, AND SECTION 10 LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.

This website exists to provide information on Vybond Group Inc.’s (“Vybond”) products and other commercial information. This website could contain product details or information otherwise not accessible or valid in your country. Please be aware that we do not take any responsibility for your accessing of such information which may not comply with any legal process, regulation, registration or usage in the country of your origin.

1. Acceptance of Terms; Binding Agreement

These Terms of Use are entered into by and between you (acting in your capacity as an employee or other representative of your company or other entity, if applicable) (“you”) and Vybond. Please carefully review the following terms and conditions, together with any documents they expressly incorporate by reference (the “Terms of Use” or “Terms”) as they govern your access to and use of vybond.com and any other Vybond Websites that link to these Terms of Use, and any content, functionality, and services on or provided in connection with the foregoing (the “Website(s)”). You must be at least 18 years old to use the Websites, and have the legal capacity, and the full power and authority to enter into these Terms. By accessing and using these Websites, or by clicking to accept or agree to these Terms, you accept and agree to be bound by these Terms of Use. Vybond may modify these Terms of Use and any associated policies on a going forward basis at any time by updating these legal notices, and we encourage you to review the terms and conditions because any such modifications will be binding on you. We may give notice by posting the updated Terms on the Website or by any other reasonable means. These Terms of Use will indicate the date of last revision, and, where material, the changes will become effective upon the earlier of your use of the Website with actual notice of the change, or thirty days following publication. Without limiting the generality of the foregoing, disputes arising under these Terms of Use will be resolved in accordance with the version of these Terms in effect at the time the dispute arose. If you do not agree to the updated Terms, you must stop using the Website. Your continued use of the Website after the date of the updated Terms will constitute your acceptance of the updated Terms.

2. Copyright/Trademark Notice

Trademarks and service marks on the Website or any other Vybond websites are registered and unregistered trademarks of Vybond and others. Nothing contained on the Websites should be construed as granting any license or right to use any such marks without the written permission of Vybond or such other party who may own such mark(s). The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Vybond, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws). Vybond authorizes you, subject to these terms and conditions, to access and use the Website and the copyrighted content solely for your own internal use, at Vybond’s discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Any unauthorized use of the trademarks or other contents of any of the Website may violate civil and/or criminal laws. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the copyrighted content on any copy you make of such content.

Vybond reserves the right to modify or discontinue the Website at any time (including by limiting or discontinuing certain features of the Website), temporarily or permanently, without notice to you, and will have no liability for any change to the Website or its contents, or any suspension or termination of your access to or use of the Website. If you violate any provision of these Terms, your authorization to access the Website will automatically terminate. In addition, Vybond may, at its sole discretion, suspend or terminate your access to the Website, at any time for any reason or no reason, with or without notice. Upon termination, your rights hereunder will terminate, and you must immediately cease all use of the Website. Those provisions of these Terms that, by their nature are intended to survive, will survive termination.

3. Use of Information Provided by You

You hereby consent to all actions we take, consistent with our Privacy Policy and the Terms, with respect to all information you provide to or in connection with the Website (collectively,“User Submissions”). You acknowledge, represent and agree that any User Submission is submitted voluntarily and is not confidential or proprietary, and that your User Submission does not establish a relationship between you and us except as set forth in this Agreement. You hereby grant the Company and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of your User Submissions, except as otherwise prohibited by applicable law or this Agreement. You waive any right to compensation of any type for your User Submissions, except as otherwise provided in this Agreement. You represent and warrant that you either own all User Submissions or otherwise have all the rights necessary to grant the rights in this Agreement and that use of User Submissions by us does not violate any law. You may not upload to, distribute, or otherwise publish through or in connection with the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law.

4. No Advice

Product information on this website is provided by Vybond and is intended for general information purposes only. Nothing contained in the Website is, or should be construed as legal, investment, financial or other advice. Without limitation, the materials on the Website are provided for informational purposes only. Any use you make of the information provided on this Website, or any Website or service linked to by this Website, is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. The content on this Website is updated frequently, including based on interaction with users of the Website, but the Website’s content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

5. Void Where Prohibited

Vybond reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Website is void where prohibited.

6. Purchases

If you wish to purchase products or services described on the Website, you will be asked by Vybond or the third-party provider of the product or service to supply certain information applicable to your purchase including, without limitation, credit card and other information. All purchases from Vybond will be governed by the applicable Purchase Order Terms & Conditions. Vybond reserves the right, without prior notification, to change the descriptions of or references to products or services on the Website, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Vybond’s or such third-party provider’s acceptance of any order. Price and availability of any product or service are subject to change without notice.

7. Links

The Website may contain links to other resources provided by third-parties, or otherwise integrate such third-party resources (“Third-Party Components”). These are provided as a convenience to users of our Websites and are not controlled by Vybond. Vybond makes no claim or warranty of, and is not responsible for, any information found in a linked Website. Inclusion of any third-party link does not imply an endorsement or recommendation by Vybond. WE ACCEPT NO RESPONSIBILITY FOR THE THIRD PARTY COMPONENTS OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THE THIRD PARTY COMPONENTS. If you access any such Third-Party Components, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Components. In addition, we may require you to review and agree to additional terms and disclosures as a condition to using or accessing certain Third-Party Components.

8. No Representation or Warranty

VYBOND DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT), OR ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE WITH REGARD TO THE WEBSITE OR ANY INFORMATION OR MATERIALS PROVIDED ON OR IN CONNECTION WITH THE WEBSITE, INCLUDING THE ACCURACY, COMPLETENESS, CURRENCY OF SUCH INFORMATION OR MATERIALS, OR THE FREQUENCY THAT THEY ARE UPDATED. YOU AGREE THAT THE VYBOND WEBSITES AND EVERYTHING ON THE VYBOND WEBSITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VYBOND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ITS WEBSITES OR YOUR USE OF THE WEBSITES. VYBOND MAKES NO CONDITIONS OR WARRANTIES THAT (I) THE VYBOND WEBSITES WILL MEET YOUR REQUIREMENTS, (II) THE VYBOND WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VYBOND WEBSITES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE VYBOND WEBSITES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS ON THE VYBOND WEBSITES WILL BE CORRECTED, (VI) THAT YOUR USE OF THE VYBOND WEBSITES OR ANY MATERIAL OBTAINED FROM THE VYBOND WEBSITES WILL NOT CAUSE ANY HARM OR DAMAGE, INCLUDING TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR THAT NO LOSS OF DATA WILL RESULT FROM OBTAINING SUCH MATERIAL.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. VYBOND DOES NOT DISCLAIM ANY CONDITION, WARRANTY OR OTHER RIGHT THAT VYBOND IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

9. Limitation of Liability

YOUR USE OF VYBOND’S WEBSITES IS AT YOUR OWN RISK. IN NO EVENT SHALL VYBOND ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, OR LICENSORS (“COLLECTIVELY, VYBOND PARTIES”) BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES. THIS LIMITATION INCLUDES DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF THE VYBOND PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE WEBSITES; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY THE VYBOND PARTIES’; OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITES. THE DISCLAIMERS AND LIMITATIONS PROVIDED IN THESE TERMS SHALL APPLY IRRESPECTIVE OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLY BY LAW, THE VYBOND PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF VYBOND PARTIES’ CONTENT, REGARDLESS OF CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 USD IN THE AGGREGATE.

10. Limitation On Time To Bring Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Website and you agree to defend, indemnify, and hold harmless Vybond and any of its officers, directors, employees or affiliates from and against any claims, actions, or demands, and any related liability, damage, loss, and expense, including without limitation reasonable legal and accounting fees, alleging or resulting from or connected with (i) your use of or reliance on any Third-Party Components, (ii) your use of or reliance on any Vybond content, (iii) your unauthorized use of, or misuse of, the Website, (iv) your violation of any portion of these terms and conditions, any representation, warranty, or any applicable law or regulation; or (v) any User Submission made by you, including with respect to violations of any other party’s rights, such as intellectual property or other proprietary rights, and laws related to privacy or information security. Vybond reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Vybond’s defense of those claims.

12. Your Conduct

You may not alter or attempt to alter the Website or any of the materials or content available through the Website, nor may you distribute any material available through the Website (individually or in aggregated form). You also may not embed or frame the Website, or otherwise incorporate the Website or any of its content in any other site or service, without first obtaining written authorization from Vybond, subject to applicable laws on fair use and/or lawful citations. Further, you may not use the Website services in any manner that could disable, overburden, or impair any of Vybond’s servers or servers to which Vybond has obtained access, or interfere with any third party’s use and enjoyment of the Website services, other accounts, computer systems, or networks connected to any Vybond server or the Website, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website, including through the use of any automated spider, bot, scraper, or other similar means (except in connection with bona fide, general purpose search engine indexing). Your right to use the Website services may be further limited by international law, federal law, or the laws and regulations of your particular state or locality. You shall not use the Website services to (i) post user comments containing spam or otherwise duplicative or unsolicited messages in violation of applicable law; (ii) upload or post infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates a third party’s privacy rights; (iii) upload or post material containing software viruses or other harmful computer codes, files, scripts, agents, or programs; or (iv) solicit, for commercial purposes, any users of the Website services with respect to their content, by using any personally identifiable information or communication forums on the Website. You shall not circumvent, disable, or otherwise interfere with security-related features of the Website or features that enforce limitations on use of the Website services, or otherwise access or attempt to access any areas, features, or content from the Website for which you do not have the proper access credentials. You may not reverse engineer or attempt to reverse engineer the Website or any technology or systems used in connection therewith.

13. Arbitration and Governing Law

YOU WILL SUBMIT ANY DISPUTES ARISING FROM THESE TERMS OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING DELAWARE LAW. THE SEAT OR LEGAL PLACE OF ARBITRATION WILL BE IN WILMINGTON, DELAWARE. YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS ACTION BASIS. FURTHERMORE, UNLESS YOU AND VYBOND AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION. These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions.

14. General Terms

These Terms of Use together with any other agreements expressly incorporated by reference into these Terms of Use, are the entire and exclusive understanding and agreement between you and Vybond regarding your use of this Website, but not other commercial arrangements you have with Vybond. You may not assign or transfer these terms and conditions or your rights under these terms and condition, in whole or in part, by operation of law or otherwise, without our prior written consent and any attempt by you to do so is void. We may assign these terms and conditions at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these terms and conditions, or any provision of these terms and conditions, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these terms and conditions is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms of Use, the use of the word “including” means “including but not limited to.” If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Both you and Vybond warrant to each other that, in entering into these Terms, neither Vybond nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Vybond, or Vybond’s successors and assigns, will have any right to enforce any of these Terms. Neither these Terms nor the Website create a partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.