"VVBA.Org" is an interactive web site operated by the Vista Village Business Association, consisting of information, services and content provided by VVBA.Org, VVBA Business Members, affiliates of VVBA.Org and other third parties. "USER" means each person who accesses VVBA.Org web site for access to and use of VVBA.Org information or establishes a connection for use of its information or services. "USER" in this context also refers to actual Vista Village Business Association member businesses either located in the BID Zone (View Zone Map
) or businesses who have become VVBA MEMBERS through our Partnership Program
(A) VVBA.Org does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on VVBA.Org. Reliance on any information provided by VVBA.Org, VVBA.Org employees, others appearing on VVBA.Org at the invitation of VVBA.Org, or other visitors to VVBA.Org is solely at your own risk.
(B) This Agreement, which incorporates by reference other provisions applicable to USER's use of VVBA.Org, sets forth the terms and conditions that apply to USER's use of VVBA.Org. By using VVBA.Org, USER agrees to comply with all of the terms and conditions hereof without contest or exception.
(C) VVBA.Org shall have the right at any time to change or discontinue any aspect or feature of VVBA.Org, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
VVBA.Org shall have the right at any time to change or modify the terms and conditions applicable to USER's use of VVBA.Org, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on VVBA.Org, or by electronic or conventional mail, or by any other means by which USER obtains notice thereof. Posting of changes via the VVBA.Org web site shall be considered as "receipt of notice of changes" by any USER accessing this web site. Any use of VVBA.Org by USER after such notice shall be deemed to constitute acceptance by USER of such changes, modifications or additions.
USER shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of VVBA.Org and all charges related thereto.
5. USER Conduct.
(A) USER shall use VVBA.Org for lawful purposes only. USER shall not post or transmit through VVBA.Org any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.
Any conduct by a USER that in the sole discretion of VVBA.Org restricts or inhibits any other USER from using or enjoying VVBA.Org will not be permitted. USER shall not use VVBA.Org to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become USERs of other on-line information services competitive with VVBA.Org.
(B) VVBA.Org contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of VVBA.Org are copyrighted as a collective work under United States copyright laws.
VVBA.Org owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. In the event that VVBA.Org does not hold such copyright or license the copyright privileges of the original copyright holder shall stand and USER shall comply fully with all applicable copyright laws and regulations. USER 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.
USER may download copyrighted material for USER's personal use only provided that the following notice is included on such materials: "Copyright 2009, VVBA.Org, Inc.. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of VVBA.Org and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. USER acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) USER shall not upload, post or otherwise make available on VVBA.Org any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with USER. USER shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of VVBA.Org, USER automatically grants, or warrants that the owner of such material has expressly granted VVBA.Org the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
USER also permits any other USER to access, view, store or reproduce the material for that USER's personal use. USER hereby grants VVBA.Org the right to edit, copy, publish and distribute any material made available on VVBA.Org by USER.
(D) The foregoing provisions of Section 5 are for the benefit of VVBA.Org, its subsidiaries, affiliates and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF VVBA.Org IS AT USER'S SOLE RISK. NEITHER VVBA.Org, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT VVBA.Org WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF VVBA.Org, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH VVBA.Org.
(B) VVBA.Org IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
USER SPECIFICALLY ACKNOWLEDGES THAT VVBA.Org IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL VVBA.Org, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING VVBA.Org OR THE VVBA.Org SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE VVBA.Org. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON VVBA.Org.
(E) IN ADDITION TO THE FOREGOING, NEITHER VVBA.Org, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN VVBA.Org, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, VVBA.Org, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
VVBA.Org shall have the right, but not the obligation, to monitor the content of VVBA.Org, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by VVBA.Org and to satisfy any law, regulation or authorized government request. VVBA.Org shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on VVBA.Org. Without limiting the foregoing, VVBA.Org shall have the right to remove any material that VVBA.Org, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
USER agrees to defend, indemnify and hold harmless VVBA.Org, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of VVBA.Org by USER or USER's Account.
9. Third Party Content.
VVBA.Org is a licenser or distributor (and not a publisher) of content supplied by third parties and USERs. Accordingly, VVBA.Org has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, USERs or any other user of VVBA.Org, are those of the respective author(s) or distributor(s) and not of VVBA.Org.
Neither VVBA.Org nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through VVBA.Org represents the opinions and judgments of the respective information provider, USER, or other user not under contract with VVBA.Org. VVBA.Org neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on VVBA.Org by anyone other than authorized VVBA.Org employee spokespersons while acting in their official capacities.
Under no circumstances will VVBA.Org be liable for any loss or damage caused by a USER's reliance on information obtained through VVBA.Org. It is the responsibility of USER to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through VVBA.Org. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for VVBA.Org constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any dispute with VVBA.Org, or in any way relating to your use of VVBA.Org, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving VVBA.Org or its subsidiaries, employees, contractors, officers, directors, and content providers.
No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
11. Copyrights and Copyright Agent.
VVBA.Org respects the rights of all copyright holders and in this regard, VVBA.Org has adopted and implemented a policy that provides for the termination in appropriate circumstances of USERs and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VVBA.Org's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ? 512.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VVBA.Org's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
12. Children's Privacy.
Vista Village Business Association
150 E. Broadway #A
Vista CA 92084
VVBA.Org is not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18.
13. PRIVACY - Information Collection and Use
Information collected via the VVBA.Org web site can or may be utilized in the following ways:
In order to use some functions found on this Web site, a user must first complete the registration form. During registration a user is asked to give personal information such as name, address, and email address. We use this information to contact the user about services on our site for which he/she has expressed interest. It is optional for the user to provide demographic information, and unique identifiers, but encouraged so we can provide a more personalized experience on our site. Users may also be asked to give their credit card number and expiration date if they wish to subscribe to our magazine or online services. Credit card information is SSL encrypted for user protection. Other options are available for users whose browsers do not support SSL.
Those Professionals who wish their services to be displayed on this Web site must complete the registration form. During professional registration, a user is asked to give out personal information, such as name, address, and email address, as well as such professional information as their qualifications, certifications, the demographic region in which they practice, and what fields they specialize in.
VVBA.Org does not sell or otherwise provide the information given to them to third party sources. All information is confidential unless
a. it is necessary for VVBA.Org to forward the USER's information to a third party source for the purpose of fulfilling the USER's request. In such event VVBA.Org is not responsible for the privacy policies held by third party vendors or affiliates.
b. The information is subpoenaed by officials of the United States government, or if VVBA.Org deems that retaining said information may cause a direct physical threat to one or more individuals.
A cookie is a piece of data stored on the userís computer tied to information about the user. VVBA.Org uses both session ID cookies and persistent cookies. When a user closes their browser, a session ID cookie simply terminates. A persistent cookie is a small text file stored on the userís hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.
By setting a cookie on our site, users have their usernames and passwords automatically remembered. If users reject the cookie, they may still use our site. The only drawback to this is that they will have to log in for each consecutive visit. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site.
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track userís movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information contained in user profiles.
On occasion, it is necessary to send out announcements which are strictly service-based. We may send all users notices from time to time. Also, if our service is temporarily suspended for maintenance, or if our company were to undergo a large-scale transition thereby changing the nature of this privacy statement, we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account.
14. Advertisements and Links.
VVBA.Org does not endorse the content on any third-party web sites. VVBA.Org is not responsible for the content of linked third-party sites, sites framed within VVBA.Org, or third-party advertisements, and does not make any representations regarding their content or accuracy.
USER's use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. VVBA.Org does not endorse any product advertised on VVBA.Org.
15. Submission of Content
Any content form use on the VVBA.Org web site must be sent via email, either through the use of the appropriate form provided or sent directly to a VVBA.Org staff member email address. Content intended for the web site WILL NOT be accepted via any other medium. Textual content must be submitted in either ASCII text or in Microsoft Word format. Images must be in a web ready format - either .JPG or .GIF. PDF documents without security enabled settings may also be submitted. VVBA.Org reserves the right to reformat any text or images submitted to fit the current layout requirements of the VVBA.Org web site.
USER is responsible for ensuring that all materials submitted are free from any computer viruses (et al). Any material submitted which is made known to contain such malicious programs will not be posted to the VVBA.Org web site. Furthermore, the USER agrees to compensate VVBA.Org and it's affiliate partners for any damages or computer related repairs that arise as a result of the submission of such malicious programs without exception.
(A) Submission of Advertising Content - all advertising materials for use on the VVBA.Org web site must comply with the guidelines set forth in the VVBA Advertising Section. NO EXCEPTION will be permitted.