This privacy policy discloses the privacy practices for VestedExchange.com. This privacy policy applies solely to information collected by this website. It will notify you of the following:
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us, and billing. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Unless you ask us not to, we may contact you via email or phone if provided by you, and in the future to tell you about specials, new products or services, our co-business services or changes to this privacy policy.
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
We take precautions to protect your information. We ask you not to submit sensitive information via our website. However, the information you submit via the website is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page. We do not collect credit card information via our advertising website.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site. Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.
We track user behavior with Google G4 analytics data, it does not give us access to personal data and we only use it in the confines of its platform tasks.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We use a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order. We may partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether to participate or not, and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for the purpose of monitoring or improving the use and satisfaction of this site.
The Company does not knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 13, you must ask your parent or guardian for permission to use this website.
If you have an comments or questions about this privacy policy, or you believe we have not adhered to this policy, you should contact us immediately via telephone at (619) 758-3572 or via email at info@VestedExchange.com.
Effective as of Jan 2021
This Agreement shall be in effect as of the Effective Date and shall remain in effect until all purchases set forth in the Order or Ticket are fulfilled and completed or until such time as either Party terminates the Order or Ticket upon thirty (30) days written notice. In the event that Advertiser terminates this Agreement or an Order or Ticket other than for cause due to the Company’s material breach, Advertiser shall pay all costs and service charges incurred through the effective date of termination, including any future non-cancellable commitments. Advertiser’s obligation for payment under this section shall be in addition to and not in lieu of any other remedies the Company may have under applicable law.
Advertiser hereby acknowledges and specifically agrees that Company shall retain all right, title and interest in and to any and all Data Files delivered by Company to Advertiser under this Agreement. Company hereby grants to Advertiser, for the duration of this Agreement, a non-exclusive, non-transferable, limited license to use any Data File delivered pursuant to this Agreement and any other Order or Ticket for purposes of contacting and soliciting such potential consumers about the Advertiser’s products, services and/or other offerings only. Advertiser acknowledges and agrees that Data Files are non- exclusive and may be sold by Company to other customers at any time.
Each Party may be given access to the other Party’s Confidential Information during the course of this Agreement. As used herein, “Confidential Information” shall mean any information shared under this Agreement, whether or not such information is disclosed as confidential either orally or in writing, including without limitation: the terms of this Agreement; any customer, vendor, or financial information; any marketing plans, services, or data; or any information that by its nature would reasonably be understood to be confidential. Notwithstanding the foregoing, Confidential Information shall not be considered any of the following: (i) information that becomes generally known to the public through no act or failure to act by receiving Party; (ii) information that was known by the receiving Party before receiving such information; (iii) information that is hereafter rightfully obtained by the receiving Party from a third party without breach of any obligation to the disclosing Party; (iv) information that is independently developed by the receiving Party without use of or reference to the Confidential Information by persons who had no access to the Confidential Information; or (v) data which is not owned by the disclosing Party. Using at least the same degree of care for its own confidential and proprietary information but in any event no less than a commercially reasonable standard of care, the receiving Party shall have a duty to safeguard, keep confidential and secure, and prevent unauthorized use and disclosure of all Confidential Information it receives from disclosing Party hereunder. Accepting trade secrets, which shall be held confidential for an indefinite period of time or until such trade secret becomes public knowledge through no act or failure to act of the receiving Party, the receiving Party shall safeguard all Confidential Information as required hereunder for a period of five (5) years from the date and time of disclosure. Receiving Party may disclose the Confidential Information to those staff, advisors, and vendors who need to know such Confidential Information as is reasonably necessary for the receiving Party to carry out its duties hereunder; provided that all such Parties are under an obligation of confidentiality at least as restrictive as that set forth herein. The receiving Party may also disclose the Confidential Information as required under applicable law or judicial or administrative order, provided that the disclosing Party is notified with a reasonable time for the disclosing Party, at its own expense, to make its own objections and protective orders. Except to the extent that Confidential Information is required for services continuing hereunder, at any time, a disclosing Party may request in writing, and the receiving Party shall promptly comply, that the receiving Party return and destroy any or all of the disclosing Party’s Confidential Information held hereunder.
In addition to any of Advertiser’s indemnification obligations described in other sections of this Agreement, Advertiser shall fully indemnify, defend, and hold harmless the Company for any and all claims, actions, causes of action, demands, losses, liabilities, costs, damages, and expenses including, but not limited to, attorneys’ fees and associated costs of any nature whatsoever asserted against, resulting to, imposed upon, or incurred by the Company or its directors, officers, contractors or consultants, successors, and assigns, directly or indirectly, by reason of, resulting from, or attributable to Advertiser’s or any User’s products, services, marketing or advertising claims, breach of any applicable law, use or misuse of any Data File, negligent act or omission, or breach of any of Advertiser’s representations, duties, obligations, covenants, or agreements contained herein.
Notwithstanding any indemnification obligations hereunder, neither Party shall be liable to the other for (i) incidental, special punitive, indirect, or consequential damages of any kind, including lost profits, lost data, lost revenues, loss of business opportunity, or harm to reputation or brand, whether or not either Party was aware or should have been aware of the possibility of such damages; or (ii) a total aggregate liability hereunder, if any, exceeding the amounts paid or payable hereunder in the three (3) months immediately-preceding the circumstance which gave rise to the claim. The limitations under this section shall not apply to any indemnification or confidentiality provisions hereunder.
Except as otherwise explicitly stated herein, the services and deliverables, including Data Files, are sold “as is,'' and the Company makes no other warranties (express or implied) with respect to the performance of its services or deliverables, including without limitation, any guarantee for performance or specific action or result, or implied warranties of merchantability and fitness for a particular purpose. Company shall not be liable for any unavailability of services or deliverables for reasons beyond the Company’s reasonable control.
Advertiser hereby acknowledges that Company maintains direct contractual relationships with certain third-party companies who sell goods or other services to the Company for Company’s use in the provision of the services to Advertiser (“Vendors”). The Advertiser further acknowledges that the Company has invested considerable resources and intellectual property in the establishment of its direct contractual relationships with the Vendors and that the Company would suffer harm if the Advertiser were to circumvent the Company and contract directly or indirectly with the Vendors. Therefore, the Advertiser hereby agrees that during the term of this agreement and any agreement currently binding the Parties, and for a period of two (2) years following termination of this Agreement, the Advertiser shall not knowingly, nor shall it knowingly permit any third party acting on its behalf to, directly or indirectly, in any manner solicit or purchase any Data Files from any Vendor who provided Data Files to Company in connection with this Agreement. Such permission shall not be unreasonably withheld in the event that the Advertiser knowingly: (a) had a direct contractual relationship with the Vendor in question that was current and valid as of the Effective Date, and (b) was actively purchasing and trafficking advertising from the Vendor in question during the three (3) months prior to the Effective Date of this Agreement. If a Vendor used by the Company for the Advertiser approaches the Advertiser in order to circumvent the Company, the Advertiser agrees that it shall notify the Company of such actions within a reasonable time period.
a. Non-Solicitation. For the term of this Agreement and for one (1) year thereafter, Advertiser shall not, without the prior written consent of Company, directly solicit for employment any person employed by Company.
b. Survival. All the terms of this Agreement that reasonably may be interpreted as surviving termination of this Agreement shall survive the termination of this Agreement. Without limiting the foregoing, the following sections shall specifically survive the termination of this Agreement: 3, 5, 6, 7, 8, 9, 10 and 11.
c. Governing Law and Jurisdiction. Any suit, action, or proceeding seeking to enforce any provision of or matter arising out of this Agreement shall be brought exclusively in the state or federal courts of Clark County, Nevada, and each of the Parties hereby consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any suit, action or proceeding. This Agreement shall be construed in accordance with and governed by the laws of the State of Nevada.
d. Severability. If any term or other provision of this Agreement is invalid, illegal, or incapable of being enforced by any law or public policy, all other terms or provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any Party. Upon such determination that any term or other provision is invalid, illegal, or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.
e. Successors and Assigns. Neither Party may assign this Agreement, in whole nor in part, without the other Party’s prior written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, either Party may automatically assign its rights and obligations hereunder to; (a) any corporation or entity resulting from any merger, consolidation, or other reorganization of such Party; (b) any individual or entity to which such Party may transfer substantially all of the assets and business of such Party; or (c) any entity that controls, is controlled by, or is under common control with such Party, or of which such Party beneficially owns at least fifty percent (50%) of the equity interest therein. All the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and permitted assigns.
f. Force Majeure. Neither Party is subject to, and neither Party shall be liable for, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment or any consequence thereof caused or occasioned by, or due to acts of terrorism, fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond the parties reasonable control (“Force Majeure Event”). Notwithstanding the foregoing, the Advertiser shall not be relieved of its obligation to make timely payments of any amounts due under this Agreement or an Order or Ticket due to a Force Majeure Event.
g. Independent Contractors. The relationship between the Company and Advertiser established by this Agreement is that of an independent contractor, and each shall conduct its respective business at its own initiative, responsibility, and expense. This Agreement will not be construed to create any partnership, joint venture, agency or employment relationship between Company and Advertiser. Furthermore, the Parties each hereby acknowledge that this Agreement embodies the justifiable expectations of sophisticated parties derived from arm’s-length negotiations.
h. Waiver and Remedies. No term or provision hereof shall be deemed waived, and no breach excused unless such waiver shall be in writing and signed by the Party claimed to have waived or consented. No course of dealing or failure of either Party to strictly enforce any term, right, or condition of this Agreement shall be construed as a waiver of such term, right, or condition. The remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.
i. Entire Agreement and Headings. This Agreement, including the Order or Ticket, shall constitute the entire Agreement between the Parties with respect to the subject matter of this Agreement and supersede all existing oral and contemporaneous or written contracts or agreements between the Parties. Headings are provided for convenience purposes and shall not be used to construe or interpret the terms of this Agreement.