Terms and Conditions
These terms (“Terms”) are a legal agreement between you and VDS Holding LLC d.b.a. Vérité Data Solutions and its affiliates (“VDS”). The Terms control your use and access to VDS’s websites and online information (the “Sites” or “Site”). By using VDS’s Sites, you agree to these Terms. VDS may revise these Terms at any time by updating this page. You should revisit this page from time to time to determine what terms govern your use of the Site.
License Disclaimer and Use Restrictions
Nothing on any VDS Site gives you any license under any VDS or third party intellectual property rights. All intellectual property rights in this Site belong to VDS or other parties that licensed their material to VDS. Subject to these Terms, VDS grants you a limited, revocable, nonexclusive right to access and use the Site and the materials and information on the Site (“VDS Content”). This limited license is only for your personal, noncommercial use. You must keep VDS’s proprietary notices on any copies you make of VDS Content. Unauthorized use of VDS Content may violate copyright, trademark, privacy, communications, or other laws. You are responsible to VDS for your unauthorized use of VDS Content. This right terminates automatically if you breach any part of these Terms. Upon termination, you must immediately destroy any VDS Content in your possession or control. Other than as stated above, you must not:
- Change, alter, copy, distribute, republish, download, display, post, or send the VDS Content in any form or by any means without VDS’s or the copyright owner’s prior written permission, unless the Site states otherwise about specific VDS Content;
- Decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent permitted by the licensing terms governing use of any open sourced components included with the software);
- Use the Site or VDS Content for any purpose that is unlawful or prohibited by these Terms;
- Use the Site to solicit any activity that is illegal or may infringe upon the rights of others;
- “Mirror” or “frame” any VDS Content on any other device without VDS’s written permission;
- Use the VDS Content to benchmark any VDS Content against any other person’s or entity’s products, services or information; or
- Use the VDS or any other VDS trademark as a “hot” link to any part of the Site unless VDS approves that use in writing.
Copyright law protects all VDS Content.
The copyright in all material provided on this site (“Site”) is held by VDS Holding LLC or its affiliates (“VDS”) or by the original creator of the material. Except as stated herein, none of the material may be copied. reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of VDS or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without VDS’s permission, “mirror” any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Notices of claimed copyright infringement on the Site should be directed to: email@example.com.
U.S. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your work has been copied in any way without your permission, please provide the following information to our agent to receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
- A description of the copyrighted work or other work that you claim has been infringed
- A description of where the material that you claim is infringing is located on our sites, networks or other repositories
- Your address, telephone number, and email address
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
- Protecting any account and password information applicable to your use of the Site;
- Restricting the use and access to your computer, smartphone, or other device used to access the Site; and
- Any activity that occurs under your account due to your failure to protect such information.
When you use the Site, you are communicating with VDS. You agree to receive electronic communications related to your use of the Site. VDS may communicate with you by email or by posting notices on the Site. You agree that all such communications meet any legal rule that those communications be in writing. VDS may provide notices to you via email or by posts on the Site, and those notices are effective on the date that VDS sends or posts them.
Site User Representations
You represent, warrant and covenant that: (a) you are authorized to access and use the Site; (b) all data of any kind, instructions and information you enter into the Site related to the Services will be accurate and complete; (c) you will verify and remain solely responsible for all instructions and information entered into the Site related to the services; (d) you will not upload, transmit, distribute or otherwise publish through the Site any materials that contain a virus, worm or other harmful component or that would cause the Site to malfunction; and (e) you will not decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software or other copyrighted or trademarked material, trade secrets or other proprietary information contained in the Site.
The security of information transmitted through the Internet can never be guaranteed. VDS is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. You are responsible for maintaining the security of any password, email or other form of authentication involved in obtaining access to password protected or secure areas of VDS’s sites. In order to protect you and your data, VDS may retain a copy of your data, and suspend your use of the Site, without notice, pending an investigation, if any breach of security is suspected. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
Consent to Use of Data
You agree that VDS may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the software. VDS may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
All VDS Content is subject to U.S. export control and economic sanctions laws and regulations and may also be subject to the laws of the country where you reside.
Users may only use the VDS websites for their intended purpose. Users must not use the VDS websites for any unlawful purposes.
Users must not use the VDS websites to transmit, distribute or store content: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the VDS websites or other VDS customers; or (c) that may expose VDS to criminal or civil liability.
Users must not use the VDS websites to transmit, distribute or store material that is inappropriate, as reasonably determined by VDS, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, racially or ethnically offensive, harassing, humiliating to other people (publicly or otherwise), or otherwise objectionable. To be absolutely clear, Users must not store (either permanently or temporarily), process or transmit through any of the VDS websites pornographic content of any kind.
If Users become aware of any such use by anyone, you agree to notify VDS.
Intellectual Property Rights
Material accessible through or contained within the VDS websites may be subject to protection under privacy, data protection or confidentiality laws and may contain intellectual property rights owned by VDS or third parties. The intellectual property may include, but is not limited to, copyright, patents, trademarks, trade names, trade secrets or other proprietary information. Users must not use the VDS websites in any manner that would infringe, dilute, misappropriate, breach or otherwise violate any of these rights or laws. Users are responsible for ensuring that they have all necessary rights and licenses for all content that they place on the VDS websites. Users must fully indemnify VDS with respect to any claims by third parties brought against VDS based on an allegation that User failed to comply with its obligations under this paragraph.
Malicious Content and Conduct
Users must not use the VDS websites to transmit, distribute, or store material that may be harmful to or interfere with the VDS websites or any third party’s networks, systems, services, or web sites. Malicious content includes, but is not limited to, viruses, worms, and Trojan horses.
Users must not use the VDS websites to conduct activities that may be harmful to or interfere with the VDS websites or any third party’s networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the VDS websites or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information-gathering activity. Inappropriate activity may result in civil or criminal liability. VDS may investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.
Fraudulent and Misleading Content
Users must not use the VDS websites to transmit or distribute material containing fraudulent offers for goods or services, or any advertising, or promotional, or other materials that contain false, deceptive, or misleading statements, claims, or representations, or which does not comply with any applicable advertising laws or standard business practice. Users must not use the VDS websites to mask their true identity or to pretend to be someone or something that they are not.
Collecting Personal Information
Users acknowledge and agree that you are not permitted to use any personally identifiable information or personal data and you agree not to copy, transfer or distribute any personally identifiable information other than in compliance with all laws and as permitted in connection with the services.
Email and Unsolicited Messages
Users must not use the VDS websites to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email (“spam”), or emails intended to harass or annoy others. Further, Users must not use the service of another provider to send spam to promote a website hosted on or connected to the VDS websites.
Responsibility for Content
VDS has no responsibility for any User-provided content or content that User may access on or through the VDS websites. VDS is not obligated to monitor or exercise editorial control over that content. If VDS becomes aware that any content may violate this AUP, expose VDS to civil or criminal liability, or both, then VDS may block access to that content and suspend or terminate provision of the VDS websites to any User creating, storing or disseminating such material. VDS may also cooperate with legal authorities and third parties in any investigation of alleged wrongdoing.
Suspension and Termination
If VDS determines that any User has violated any portion of the Terms, VDS may terminate the Users use of the website. VDS will suspend service for violation of the Terms on the most limited basis as VDS determines is reasonably practical under the circumstances to address the underlying violation. VDS will attempt to notify user prior to suspending service for violation of the Terms (which may be via email or any other notification). However, VDS may suspend service without notice if VDS becomes aware of a violation of the Terms or any applicable law or regulation that exposes VDS to criminal or civil liability, or that exposes VDS or any third party property to harm. Harm may include, but is not limited to, risk of having one or more IP addresses placed on blacklists. VDS may take any further action as VDS deems appropriate under the circumstances to eliminate or preclude repeat violations. VDS is not liable for any type of damages that Users or third parties may suffer resulting in whole or in part from VDS’s exercise of its rights under the Terms. This exclusion of liability does not include VDS’s liability for death or personal injury caused by its negligence, or any other liability that VDS cannot exclude or limit by law.
You agree that you take full responsibility for your use of the Site. VDS provides the Site and all VDS Content on an “as is” and “as available” basis. Specifically, VDS:
- Makes no representation or warranty of any kind;
- Disclaims all warranties, including warranties of merchantability, fitness, accuracy, non-infringement, or operation; and
- Does not guarantee that the Site and VDS Content will be free of errors or defects.
- Is not providing legal or tax advice. Consult a professional legal or tax advisor for advice regarding your specific situation.
Limitation of Liability
VDS is not liable under any legal theories (including negligence) for any type of damages, even if VDS knew of the possibility of such damages. VDS is not liable for loss of data or profits arising from your use or inability to use the Site or the VDS Content. If your use of the VDS Content results in the need for servicing, repairing, or correcting any products or data, you will pay for those repairs. Some jurisdictions restrict the exclusion or limitation of certain damages, so this provision may not apply to you.
You agree to indemnify, defend, and hold VDS and its agents, employees, and licensors harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Site or your violation of these Terms.
- These Terms do not create any legal relationship between you and VDS.
- VDS’s failure to enforce a right does not mean that VDS has waived that right.
- If a court or other tribunal finds any provision of these Terms unenforceable, VDS will change that provision only to the extent necessary to make it enforceable. Other terms will remain in full force and effect.
- Any interpretation of these Terms will look at fair meaning, and ambiguities must not be construed for or against any party.
- VDS may assign its rights under these Terms, but you may not do so.
- These Terms, together with any other terms that you agree to when using the Site, comprise the entire agreement between VDS and you about your use of this Site.
- Headings are for reference only.
- These Terms supersede any prior agreements with VDS about using this Site and its content.
- VDS’s direct and indirect subsidiaries are third party beneficiaries of these Terms.
- You also agree that you will not use these products for the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
Governing Law; Dispute Resolution
You agree that the laws of the State of Illinois will govern any claim or dispute relating to these Terms, the Site, VDS Content, your access to and use of the Site, or any combination of these items (the “Dispute“), without regard to Illinois conflicts of laws principles. Before you or VDS file any lawsuit regarding a Dispute, you and VDS will attempt to resolve the Dispute through negotiation or through mediation using a mutually agreeable mediator. You and VDS will treat the existence or results of any negotiation or mediation as confidential. If the parties are unable to resolve the Dispute within thirty days of notice of the Dispute to the other party, the parties will be free to pursue all remedies available at law or equity. Notwithstanding the foregoing, either party has the right to seek a temporary restraining order, preliminary injunction, or other equitable relief from a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors.
Statement in Compliance with California Transparency in Supply Chains Act
VDS Holding LLC d.b.a. Vérité Data Solutions (“VDS”) supports the goals and efforts of The California Transparency in Supply Chains Act of 2010 (the “Act”), which requires certain retailers and manufacturers doing business in California to provide information regarding their efforts to eliminate or prevent human trafficking, slavery, child labor, and unethical labor conditions in their supply chain. To comply with the Act, VDS provides this statement on behalf of its supply chain.
VDS works with confidential information and security services, consequently it upholds the highest standards for integrity, ethics, and trust. Additionally, VDS is bound by the highest standards of the laws and ethics of the jurisdictions applicable to all business dealings.
Verification. VDS generally ensures that the materials purchased from the suppliers have a supply chain that is well-established, in good-standing, and complies with the legal requirements of the jurisdictions in which they operate. VDS believes that its suppliers do not engage in illegal human trafficking, slavery, child labor, and/or unethical labor conditions; however, neither VDS, nor a third party, does any further investigation or evaluation of the supply chains to evaluate such matters.
Audits. VDS expects all of its suppliers to comply with all applicable laws, especially those that require ethical business practices. If VDS suspects that a supplier is engaging in illegal human trafficking, slavery, child labor, and/or unethical labor conditions, VDS may investigate the matter further for evidence. With the exception that VDS may get involved in a supply chain investigation regarding to the illegal activities mentioned previously, VDS does not review or audit their suppliers to evaluate their compliance with anti-slavery and anti-human trafficking laws.
Certification. VDS engages in business with well-established and good-standing suppliers that, to our knowledge, comply with the applicable laws of the jurisdictions where they operate. VDS only requires that its suppliers self-certify that they follow all applicable laws of the jurisdictions where they operate.
Internal Accountability. VDS and its employees are required to conform to all applicable laws and /or policies of the jurisdictions where business is conducted; internal policies that must be followed include VDS’s Code of Business Conduct and Ethics. Violations to these policies, including human trafficking, slavery, child labor, and/or unethical labor conditions, may result in disciplinary actions, up to and including termination of employment, or other legal actions as appropriate.
Training. With the exception of conducting training of VDS’s Code of Business Conduct and Ethics for new-hire employees and upon changes to these policies, VDS does not currently provide its employees and management with training on slavery and human trafficking.
VDS owns this Site. If you have a question about VDS’s collection or use of personal information, please contact us at or write to us at:
California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Effective Date: October 1, 2022.
©2022 VDS Holding LLC or its affiliates. All rights reserved. VDS and other trademarks are trademarks of VDS Holding LLC or its affiliates. Other trademarks may be trademarks of their respective owners.