Terms Of Use
This agreement (the "Agreement") is entered into by and between you ("you") and
Vietnamese Society of Actuaries Organization (VSOA.ORG) regarding your use of
our services. By submitting a question or comment to the Service, you are
entering into this Agreement with VSOAand indicating that you agree to be bound
by these terms and conditions. If you do not agree with these terms and
conditions as stated, please do not use the Services.
- Priority. This Agreement, in combination with VSOA's general
Terms of Service VSOA's general Privacy Policy, sets forth the terms and
conditions under which VSOA makes the Service available to you. In the event of
an inconsistency between this Agreement and either VSOA's general Terms of Use
or Privacy Policy, this Agreement shall control.
- Proper Use. You agree that you will use the Service in
compliance with all applicable local, state, national, and international laws,
rules and regulations. Furthermore, you agree that you will not submit
questions or comments that are unlawful, defamatory, harassing, abusive,
fraudulent, obscene, contain viruses, intended to advertise or sell goods or
services, or are otherwise objectionable. You further agree not to submit
questions or comments designed to elicit responses that relate to illegal
activity or that infringe upon another party's intellectual property rights.
You may not sell, use, reproduce, modify, edit, translate, publish, perform,
display, post, transmit and distribute questions, comments or answers for any
public or commercial purpose without the written permission of VSOA. VSOA does
not edit, screen, filter, modify, or otherwise monitor the content of questions
or comments in advance of initially posting or displaying such content on the
Service. VSOA takes no responsibility for third party content, nor does VSOA
have any obligation to monitor such third party content. Nonetheless, VSOA
reserves the right not to respond to or Use questions or comments that violate
the foregoing conditions and to delete or edit questions or comments, in whole
or in part, from the Service at any time for any reason. Further VSOA reserves
the right to refuse service to anyone at any time without notice for any reason
and to remove objectionable or personally identifiable information from any
comments or research questions in its Use of such questions and/or comments.
VSOA will not be responsible or liable for the exercise or non-exercise of its
rights under this Agreement.
- Not Professional Advice. Information provided via the Services
is not intended to substitute for informed professional medical, psychiatric,
psychological, tax, legal, investment, accounting, or other professional
advice. If you submit a question or comment on such a topic, we will assume you
are interested in soliciting and receiving or giving general information rather
than professional advice. You should bear in mind that the applicability of
such general information might vary substantially in different states and
according to the individual factual circumstances surrounding a particular
question or comment. Accordingly, if you desire or require professional advice,
please consult a qualified provider who is licensed in your state or country.
- Confidentiality; Use of Information. The questions or comments
you submit and the responses you receive do not form the basis for a
professional-client relationship, including but not limited to attorney-client,
physician-patient, or therapist-patient and are not subject to standards or
requirements of confidentiality and/or privilege associated therewith.
Furthermore, VSOA shall have the perpetual, irrevocable, non-exclusive right to
use, reproduce, modify, edit, translate, publish, perform, display, post,
transmit and distribute ("Use") your questions, comments, and/or the
corresponding answers without compensation to you, anonymously or in the
aggregate, for internal or external purposes, alone or as part of other works
in any form, media, or technology, whether now known or hereafter developed and
to sublicense such rights. VSOA will not, however, publicly disclose your
questions or comments in a manner that directly associates them with you
(except where you include personally identifiable information in a question or
comment and such question or comment is Used by VSOA as provided).
- No Warranty. The information provided by VSOA pursuant to this
Service is derived from the VSOA search engine or other public reference
sources (the "Information") and is provided by VSOA. The Information has not
been verified, however, and neither VSOA represent that it is accurate,
correct, complete, reliable, or otherwise valid. VSOA does not endorse or
recommend, and expressly disclaims liability for any product, manufacturer,
distributor, service or service provider mentioned in any question, comment or
answer. Further VSOA does not endorse or support any opinion expressed in a
question, comment, or answer. THE INFORMATION AND SERVICE IS PROVIDED "AS IS"
WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE
CONTENT OF THE QUESTIONS AND COMMENTS, IS PROVIDED BY AND IS THE RESPONSIBILITY
OF THE PERSON POSTING SUCH ITEMS. VSOA EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS
OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some
states do not allow the exclusion of warranty, so the above exclusions may not
apply to you.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL VSOA BE
LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT
VSOA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO
CIRCUMSTANCES SHALL VSOA BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED
OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER YOUR SOLE AND
EXCLUSIVE REMEDY SHALL BE THE REFUND OF FEES ACTUALLY PAID BY YOU TO VSOA FOR
ANY INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE EXTENT
THAT ANY QUESTION, COMMENT, OR ANSWER REFERS TO ANY PRODUCT, MANUFACTURER,
DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, VSOA EXPRESSLY DISCLAIMS ANY
ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT,
MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some states do
not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation and exclusions may not apply to you.
- Hold Harmless and Indemnity. You agree to hold harmless and
indemnify VSOA, from and against any third party claim arising from or in any
way related to your use of the Service, including any liability or expense
arising from all claims, losses, damages (actual and consequential), suits,
judgments, litigation costs and attorneys' fees, of every kind and nature. In
such a case, VSOA will provide you with written notice of such claim, suit or
action.
- Release and Waiver. To the maximum extent permitted by
applicable law, you hereby release, and waive all claims against VSOA from any
and all liability for claims, damages (actual and consequential), costs and
expenses (including litigation costs and attorneys' fees) of every kind and
nature, arising out of or in any way connected with use of the Service.
- No Assignment. You shall not assign this Agreement or assign
any rights or delegate any obligations hereunder, in whole or in part, whether
voluntarily or by operation of law, without VSOA's prior written consent. Any
such purported assignment or delegation by you without VSOA's prior written
consent will be null and void and of no force or effect, unless otherwise
expressly consented to by VSOA at its sole and absolute discretion.
- Relationship of the Parties. Notwithstanding any provision
hereof, for all purposes of this Agreement each party shall be and act as an
independent contractor and not as partner, joint venturer, agent, employee or
employer of the other and shall not bind nor attempt to bind the other to any
contract.
- Arbitration. Any controversy or claim arising out of or
relating to this Agreement shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The decision of the arbitrator shall be final
and unappealable. The arbitration shall be conducted in Lincoln, Nebraska and
judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Notwithstanding anything to the contrary, VSOA may at any
time seek injunctions or other forms of equitable relief from any court of
competent jurisdiction.
- Miscellaneous. If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be deemed superseded by a
valid enforceable provision that most closely matches the intent of the
original provision and the remaining provisions shall be enforced. VSOA's
failure to act with respect to a breach by you or others does not waive VSOA's
right to act with respect to subsequent or similar breaches. The failure of
VSOA to exercise or enforce any right or provision of these terms and
conditions shall not constitute a waiver of such right or provision. The
section headings and subheadings contained in this Agreement are included for
convenience only, and shall not limit or otherwise affect the terms of this
Agreement. This Agreement shall be interpreted in accordance with the laws of
the State of Nebraska. This Agreement constitutes the entire agreement between
VSOA and you with respect to the subject matter hereof.
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