The materials located at www.getvim.com (the “Site”) are provided by Vim, Inc. (“Vim”). Your use of the Site is subject to the following terms and conditions (this “Agreement”):
1. Acceptance of Agreement.
You agree to the terms and conditions set forth in this Agreement with respect to the Site. Please review the following terms carefully. If you do not agree to these terms, you should not use the Site. This Agreement constitutes the entire and only agreement between you and Vim, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement. Vim reserves the right to change this Agreement at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate the terms of this Agreement, Vim may terminate your use of the Site, bar you from future use of the Site and/or take appropriate legal action against you.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials posted on or viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
4. Restrictions and Prohibitions on Use.
5. Informational Purpose Only.
The materials available on the Site have been prepared by Vim and are intended for informational purposes only. The information provided on the Site is provided only as general information, which may or may not be up to date. The opinions expressed on or through the Site are the opinions of the individual author and may not reflect the opinions of Vim.
6. Linking to the Site.
You may provide links to the Site, provided: (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Site; (b) your site does not engage in illegal or pornographic activities; and (c) you discontinue providing links to the Site immediately upon request by Vim.
7. Errors, Corrections and Changes.
Vim does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Vim does not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. Vim may make changes to the features, functionality or content of the Site at any time. Vim reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
8. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. Vim is not responsible for and assumes no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect Vim’s belief.
9. Unlawful Activity.
Vim reserves the right to investigate complaints or reported violations of this Agreement and to take any action Vim deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.
You agree to indemnify, defend and hold Vim and Vim’s partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. VIM AND VIM’S AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 19. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, VIM AND VIM’S AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIM AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIM THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
12. Limitation of Liability.
Vim and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions from the Site or information obtained; (b) the unavailability or interruption of the Site or any features thereof; (c) your use of the Site; (d) the content contained on the Site; or (e) any delay or failure in performance beyond the control of an Affiliated Party. THE AGGREGATE LIABILITY OF VIM AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST VIM AND ANY AFFILIATED PARTY.
13. Use of Information.
Vim reserves the right, and you authorize Vim, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner.
14. Links to other Web Sites.
The Site may contain links to other Web sites. Vim is not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on the Site does not imply approval or endorsement of the linked Web site by Vim. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
15. Copyrights and Copyright Agents.
Vim respects the intellectual property of others and asks you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to Vim the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a 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; and (f) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please include such information in an e-mail to [email protected].
16. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 11 and Section 12. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Vim’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Vim’s rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by Vim or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration before a single retired judge under the auspices of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with commercial arbitration rules of JAMS. 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 arbitration shall be conducted in San Francisco, California. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees.