Terms of Use
Welcome to our website! This website is owned and operated by Verve Concepts, LLC (“we”, “us”, “our”). These Terms of Use (the “Terms of Use”) contain the terms and provisions applicable to you (a “User”) and your access to and use of www.verveconcepts.com (the “Website”). Your use of this Website (and any other feature, content or application offered from time to time by the Website) is subject at all times to these Terms of Use (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions. The Terms and Conditions (“Terms and Conditions”) are inclusive of the Verve Concepts Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). By using and/or accessing the Site and/or Website Services, you are agreeing to comply with and be bound by the Agreement in its entirety.
1. Acceptance of Terms
By accessing this Website, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, please do not access or use this Website. These Terms of Use may be modified, changed or altered by us at any time without prior notice. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Website. Your continued access of the Website after such changes are made conclusively demonstrates your acceptance of such changes. You may request a copy of these Terms of Use by emailing us at: ideas@verveconcepts.com. Please include the subject, “Terms of Use Agreement”. In order to participate in certain Website services or promotions, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms of Use. The Site and Website Services are offered for informational purposes only. Where you wish to obtain branding, advertising, marketing, web design and other related services as offered by Verve Concepts (collectively, “Verve Concepts Services”), those services shall be made available to you pursuant to a written agreement entered into between you and Verve Concepts, LLC.
2. Requirements
The Site is available only to individuals that: (a) are at least eighteen (18) years of age; and (b) can enter into legally binding contracts under applicable law.
3. Website Services
(a) Contact Services. The Site contains contact information that provides end-user visitors with the means to contact us with questions regarding our services, as well as contact request forms that end-users can submit in order to be contacted directly by us with respect to service-related matters. The types of information that we collect on the various information request forms include, without limitation, your: (i) full name; (ii) e-mail address; and (iii) any and all other information requested on the applicable request form (collectively, “Contact Data”). Upon entering your Contact Data and clicking on the applicable submission button on the Site, you may be contacted by Verve Concepts personnel regarding your request. You agree to provide true, accurate, current and complete Contact Data and to update your Contact Data as necessary in order to maintain it in a current and accurate fashion. Our use of your Contact Data shall be governed by the Privacy Policy.
(b) Content. The Site contains Content which includes, but is not limited to, testimonials, an “about us” section that describes Verve Concepts mission and key personnel, information about the services, regularly updated social media feeds and other materials regarding Verve Concepts and its many offerings. The Content is offered for informational purposes only.
(c) General. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site and/or Website Services shall be subject to the Agreement. You understand and agree that we are not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, the Website Services. If we terminate the Agreement for any reason, we shall have no liability or responsibility to you. You understand and agree that refusal to use the Site and/or Website Services is your sole right and remedy with respect to any dispute with us.
4. License Grant
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Website Services and associated content in accordance with the Agreement. We may terminate this license at any time for any reason. You may use the Site for your own personal, non-commercial use. No part of the Site and/or Website Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Website Services or any portion thereof. We reserve any rights not explicitly granted in the Agreement. Systematic retrieval of material from the Site and/or Website Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. Your right to use the Site and/or Website Services is not transferable.
5. Proprietary Rights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site and Website Services are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site and/or Website Services is strictly prohibited. You do not acquire ownership rights to the Site, Website Services or any content, document, software, services or other materials viewed at or through the Site and/or Website Services. The posting of Content and other information or material on the Site and/or by and through the Website Services by Verve Concepts, LLC does not constitute a waiver of any right in or to such information and/or materials.
6. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit and/or delete any documents, information or Content appearing on the Site and/or our social media feeds.7. Indemnification
You agree to indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective partners, associates, employees and/or other agents, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Website Services; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 7 are for our benefit, as well as our parents, subsidiaries and affiliates, and each of their respective partners, associates, employees and/or other agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
8. Disclaimer of Warranties
THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, VERVE CONCEPTS, LLC MAKES NO WARRANTY THAT: (A) THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR VERVE CONCEPTS, LLC SERVICES AS ADVERTISED ON THE SITE; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERVE CONCEPTS, LLC OR OTHERWISE THROUGH OR FROM THE SITE AND/OR WEBSITE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE FAILURE TO QUALIFY FOR VERVE CONCEPTS, LLC SERVICES AS ADVERTISED ON THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR CONTACT DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE HUNDRED DOLLARS ($100.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE, WEBSITE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
10. Third Party Websites
The Site may provide links to and/or refer you to other Internet websites and/or resources. Because we have no control over such third party websites and/or resources, you hereby acknowledge and agree that we are not responsible for the availability of such third party websites and/or resources. Furthermore, we do not endorse, and are not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
11. Privacy Policy
Use of the Site, and all comments, feedback, information, Contact Data or materials that you submit through or in association with the Site, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, visit www.verveconcepts.com/privacy.
12. Legal Warning
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned. These Terms of Use are governed by U.S. federal law and the laws of the State of New York, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York, New York, U.S.A. in all disputes arising out of or relating to the Website. Either we or you may demand that any dispute between us and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website), constitutes the entire understanding between you and us.
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.
14. Contact us
Please contact us at: ideas@verveconcepts.com with any questions regarding these Terms of Use.