Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by VGXI, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
You are expressly and emphatically restricted from all of the following:
- selling, sublicensing and/or otherwise commercializing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and VGXI may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
VGXI has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which VGXI.com links, and that link to VGXI.com. VGXI does not have any control over those non-VGXI websites and webpages, and is not responsible for their contents or their use. By linking to a non-VGXI website or webpage, VGXI does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. VGXI disclaims any responsibility for any harm resulting from your use of non-VGXI websites and webpages.
Copyright Infringement and DMCA Policy
As VGXI asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by VGXI.com violates your copyright, you are encouraged to notify VGXI in accordance with VGXI Digital Millennium Copyright Act ("DMCA") Policy. VGXI will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. VGXI will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of VGXI or others. In the case of such termination, VGXI will have no obligation to provide a refund of any amounts previously paid to VGXI.
This Agreement does not transfer from VGXI to you any VGXI or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with VGXI. VGXI, VGXI.com, the VGXI.com logo, and all other trademarks, service marks, graphics and logos used in connection with VGXI.com, or the Website are trademarks or registered trademarks of VGXI or VGXI licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any VGXI or third-party trademarks.
Disclaimer of Warranties
The Website is provided "as is". VGXI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VGXI nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of liability
In no event shall VGXI, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and VGXI, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
General Representation and Warranty
You agree to indemnify and hold harmless VGXI, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
VGXI reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. VGXI may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
VGXI shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between VGXI and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Texas, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Houston, Texas for the resolution of any disputes.