Terms of Use

Last updated: July 12, 2018

This Terms of Agreement (the “Terms of Use” or “Agreement”) is a legal agreement made by and between you (“you”, “your”, or “End User”) and Verico Technologies (“Verico”, “we”, “us”, or “our”) as the operator of www.vericotechnology.com  (the “Site”), governing your access and use of the Site and any information made available to you through the online platform that can be accessed via computer, tablet, or phone browser (collectively, the “Services”).  The Site and links contained within or otherwise available through external hyperlinks within the Site (the “Microsites”) will be collectively referred to as the “Site” in these Terms of Use.

The Terms of Use may be amended or modified by us at any time, with or without notice, on the understanding that such changes will not apply to usage prior to the amendment or modification, or to claims arising prior to such change.  Your continued use of any part of the Site constitutes acceptance to such change.  It is therefore essential that you consult and accept the Terms of Use at the time of accessing the Site, particularly in order to determine which provisions are in operation at that time, in case they have changed since the last time you used the Site or reviewed the Terms of Use.  Updates to the Terms of Use will be denoted by the date marker at the beginning of this document.

Use, collection, transmission, and storage of user information via this Site is subject to the Privacy Policy, also posted on the Site.

You may only use the site pursuant to THIS AGREEMENT.  BY ACCESSING OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE.

1. Consent to Electronic Signatures

You and we agree to conduct transactions and communicate electronically regarding use of the Services.  You agree to be bound by any affirmation, assent or agreement you transmit through the Services you access via an electronic device, including internet, telephonic and wireless devices.  You agree that when you click on an “I agree”, “I accept” or “I consent” button with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

2. License and Permitted Uses

Subject to the terms and conditions of this Agreement, Verico hereby grants to you the non-transferable, nonexclusive, revocable, limited license to access and use the Site and the Service without any right to re-license, sublicense, distribute, assign or transfer such rights.  Verico reserves all rights not expressly granted in this Agreement.

3. Availability of the Site

You agree that from time to time we may modify or remove the Site, including any features therein, for indefinite periods of time at any time, without notice to you.  While we use reasonable efforts to keep the Site and the Service accessible, the Site or the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance.  Verico reserves the right to terminate your user account and/or to prevent you from using or accessing the Site at any time and for any reason.  Verico retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Service.  We shall not be liable to you or any third party should we exercise this right.

4. Accuracy, Completeness and Timeliness of Information

Although we strive for accuracy in all elements of the Site, it may contain errors, inaccuracies or omissions.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on this Site is inaccurate at any time without prior notice.  Although we make reasonable efforts to prevent tampering with the Site, we do not guarantee that our efforts will always be successful.  Verico is not responsible for your reliance on any information or content found on the Site, which for the avoidance of doubt includes any information related to a listing or practice, and Verico makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or information thereon, and is not responsible for the conduct, whether online or offline, of any person using the Site, including any person’s violation of these Terms of Use.

5. Ownership of the Site

The content and information on the Site as well as the infrastructure used to provide the Site and the Service is proprietary to us.  You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products or services obtained from or through the Site.

6. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Verico and the Site while it is being transmitted. In addition, Verico is not responsible for any data lost during transmission.

Links to third party websites through the Site, if any, are provided solely as a convenience to you.  Verico is not responsible for the content provided through these links.  We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and we make no warranty as to the accuracy of any such information. Verico has not reviewed any third party websites accessible through such links and does not control and is not responsible for any third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof.  Verico does not endorse or make any representations about third party websites or any information, software or other products, services, or materials found there, or any results that may be obtained from using them.  If you access any third party websites linked to the mobile application, you do so entirely at your own risk.  You acknowledge and agree that Verico is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third party websites or links to third party websites.

7. User Comments, Feedback and Other Submissions

The Site includes functions that allow sharing of information with other Users, where you can post messages and information that can be accessed and viewed by other Users. When you submit postings, keep in mind that they are not confidential and that they can be copied and pasted.  Subject to our Privacy Policy, any communication or material that you transmit to the Site or to us, whether by electronic mail or by other means, for any reason (“User Content”), will be treated as non-confidential and non-proprietary (excluding your personal data provided for the purpose of enrollment).

You are responsible for your use of the Site and for any User Content you provide, including compliance with applicable laws, rules, and regulations. Any use or reliance on any User Content or materials posted via the Site or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Site or endorse any opinions expressed via the Site.  We may, but have no obligation or responsibility to, monitor, edit or remove from the Site any content or Submission that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that we believe violates any party’s intellectual property or these Terms of Use.

You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submission. You are solely responsible for any User Content you make and their accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.

If you provide Verico with ideas, suggestions, proposals, plans, feedback, or other materials in any and all media or formats, including, without limitation, any trademarks, photographs, graphics, artwork, videos, sound clips, or text (collectively or individually, “Submission” or “Submissions”), by any method, either at our request or otherwise, you agree that we may edit, copy, display, publish, distribute, translate and use such Submissions for any purpose, without restriction.  You agree that Verico is under no obligation to: (1) maintain any Submission in confidence; (2) compensate you or any party for any Submission; or (3) to respond to any Submission.

8. Creating an Account on the Site

In order to access certain features of the Site and utilize the Service, you have to create a User Account with Verico (“User Account”).  To create an Account, you must be a legal resident of the United States and at least 18 years of age at the time of registration. You will be asked to provide your name and email address to create an account.  You may only create one account as an individual.  You must safeguard your password and supervise the use of your User Account, and understand and agree that you are responsible for your own use and the use of your User Account by anyone you allow to access it and will notify Verico immediately of any unauthorized use of your User Account.  Your personal account is non-transferrable and may not be sold, combined or otherwise shared with any other person or business.

If you violate any of these limitations, we may terminate any or all of your User Accounts. If we terminate your User Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in under your User Account, your User Account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

9. Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

10. Your Conduct on the Site

The Site is private property. All interactions on the Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion) restricts or inhibits any other End User from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies, which include, but are not limited to, terminating your account and use of the Site and retaining all fees paid to us by you for the Services and/or your use of the Site.  As a condition of your use of the Service and the Site, you agree that:

  1. You will not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to our Site or Service;
  2. You will not reverse engineer, decompile or modify the Site, in whole or in part or otherwise use the Site or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Site, the Service, or any other products or services provided by Verico or its affiliates;
  3. You will not tamper or interfere with the proper functioning of the Service or any part, page or area of the Site and any and all functions and services provided by Verico, including any manner that could damage, disable, overburden or impair the Site;
  4. You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site or the Service; and
  5. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  6. You will not submit any purposely inaccurate information, committing fraud or falsifying information in connection with your Verico Account;
  7. You will not attempt to scan or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
  8. You will not use the Service, the Site or any of its contents to disparage third-party users, to harass abuse or harm another person or entity, or to compete, directly or indirectly, with Verico;
  9. You will not aggregate any content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
  10. You will not deep-linking to any portion of the Site without our express written permission;
  11. You will not violate the copyright, trademark, service mark or other intellectual property rights of a third party in connection with your use of the Site or Service; and
  12. You will not use the Site or Service if you are under the age of 18.
11. Illegal Activity

The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations. You may not register under a false name.

Verico has the right, but not the obligation, to monitor any activity and content associated with the Site and investigate as it deems appropriate. Verico may also investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, termination of your User Account, retention of all fees paid to us by you for our Service and/or your use of the Site, denying access and/or removal of any materials on the Site. Verico reserves the right and has absolute discretion to remove, screen or edit any content that violates these provisions or is otherwise objectionable.

Verico also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators or other third parties. In order to cooperate with governmental requests, to protect Verico’s systems and customers or to ensure the integrity and operation of Verico’s business and systems, Verico may access and disclose any information it considers necessary or appropriate, including, but not limited to, End User contact details, IP addressing and traffic information, usage history and posted content.

12. Intellectual Property

Everything located on or in the Site is the exclusive property of Verico or is being used with permission.

All trademarks, service marks, trade names, logos and trade dress, including, without limitation, the trademark Verico, whether registered or unregistered (collectively, the “Marks”) that appear on the Site are proprietary to Verico or such Marks’ respective owners.  You may not display or reproduce the Marks other than with the prior written consent of Verico, and you may not remove or otherwise modify any trademark notices from any content.

The Site and any Microsite contains copyrighted material, trademarks, service marks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Verico owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. You may download, print and/or save copyrighted material for your record-keeping purposes only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Verico or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or delete any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.  Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the Site or any of the Microsites without the express written permission of Verico is prohibited.  Any violation of this requirement may result in a copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

13. Availability of the Site

You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Service at any time, without notice to you.  While we use reasonable efforts to keep the Site and the Service accessible, the Site or the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance.  Verico reserves the right to terminate your user account and/or to prevent you from using or accessing the Site at any time and for any reason. Verico retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Service.

14. Accuracy, Completeness and Timeliness of Information

Although we strive for accuracy in all elements of the Site, it may contain errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping prices, shipping times and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Site is inaccurate at any time without prior notice (including after you have submitted your order).  Verico is not responsible for your reliance on any information or content found on the Site, and Verico makes no representations about the accuracy, reliability, completeness, or timeliness of the Site, and is not responsible for the conduct, whether online or offline, of any person using the Site, including any person’s violation of these Terms of Use.

15. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER VERICO NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITE, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE OFFERED THROUGH THE SITE OR (D) THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. VERICO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERICO OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, ANY CONTENT OBTAINED FROM THE SITE, EVEN IF VERICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF VERICO FOR CLAIMS ARISING UNDER THE TERMS OF USE EXCEED TWO HUNDRED AND FIFTY DOLLARS (US$250.00).

YOU ACKNOWLEDGE THAT VERICO WOULD NOT PROVIDE ACCESS TO THE SITE IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

17. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

18. Governing Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or Service shall be governed by the laws of Connecticut without regard to its choice of law rules and without regard to conflicts of laws principles.  You submit and agree to the personal jurisdiction of the state and federal courts located in Connecticut.

19. Entire Agreement

This Agreement and the Privacy Policy constitutes the entire agreement, and supersedes all other agreements, oral or written, between the parties pertaining to the subject matter hereof and thereof.

20. Contact Information

To contact Verico about this Agreement or to provide any other notice, send such notice via email or conventional mail.  Notices to us must be sent to marketing@vericotechnology.com if by email or to 230 Shaker Rd. Enfield, CT 06082 if by conventional mail.