Terms Of Services - Vertical Bark, LLC - Vertical Bark Services
Welcome to the Vertical Bark, llc® website[s] and service[s]. By using a Vertical Bark, llc website[s] or accepting the service[s] YOU AGREE TO BE BOUND BY ITS LEGAL NOTICES and all terms, conditions and disclaimers that appear here or elsewhere on Vertical Bark, llc website[s] or service[s] agreements.
Tampering with the website[s], misrepresenting your identity as a user, or conducting fraudulent activities on the website[s] is prohibited. Further, Vertical Bark, LLC will not knowingly support or provide service for any on-location individual or business engaged or conducting fraudulent or illegal activities. Vertical Bark, LLC reserves the right to refuse services without reason or cause. more
Vertical Bark, llc reserves the right to make changes to its policies at any time. These policies apply to how we address issues including, but not limited to, use of the website[s], privacy policies, and how we address business practices either on-location or through the internet. Please visit this page frequently as changes are made from time to time. WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THIS WEBSITE. USE OF THE WEBSITE OR SERVICES FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should review these policies often and also whenever you use the website[s]. If you do not agree nor intend to be bound by policies or changes to the policies, you should not use the website[s] or services. If you are dissatisfied with the content, services or the policies, you agree that your sole and exclusive remedy is to discontinue using the Vertical Bark, llc website[s] and all services immediately. Your intention to discontinue services must be submitted in writing with the sum of agreed monies or fees due for the remainder of time, to be paid in full immediately. These policies were last revised <see date>.
We attempt to make the reading of the policies as conversational as possible. Using the pronoun "Us", "We", "Our" or the term "[the] Company" is for clarity referring to Vertical Bark, LLC and websites. The pronoun "you", "your", "you-all", or "[the] client" is referring to you, the reader and/or client. The term "on-site" or "on-location" refers to your place of business or place where you require services. The term "[the] service[s]" "[the] Vertical Bark Service[s] is browsing our website[s], using our on-line or remote services, accepting, providing or retrieving information, accepting or allowing to be downloaded and or installed executable programs, accepting or contracting service[s] for either on-line or on-location, [your home [office] or place of business]. These policies are equally applicable to virtual and physical locations. Without exclusion of applicable Terms Of Services, you may have additional information regarding your "Services Provided" that can be found in your private account after you login on the service website.
Vertical Bark, LLC understands that the confidentiality and protection of our clients’ information is one of our most important responsibilities. Vertical Bark, LLC may collect, retain, and use information about our clients only when it will help us conduct business or provide products and services to them. Such information is only for internal uses directly related to client support.
Vertical Bark, LLC typically does not receive information regarding our clients’ customers, and it is the policy of our company to strictly prohibit the sharing of any personal information we may receive with any third party. Vertical Bark, LLC agrees to comply with the regulatory requirements of our clients as they pertain to the scope of the services we may provide and the information we may be given.
This will not apply to [third-party] websites that are accessible through Vertical Bark website[s]. Vertical Bark website[s] may contain links to other sites operated by third parties including, but not limited to, third-party sites that display Vertical Bark trademarks. We encourage you to read the privacy policies of those other sites to learn how they collect, use, share and secure your information.
We may collect personal information such as your name, mailing address, phone number, email address, credit card number and other billing information.
While taking advantage of products or services available from Vertical Bark, you may be asked to provide personal information. For example, you may be asked to provide personal information when you schedule an appointment for services at your home or office, purchase products, contact Vertical Bark call centers with a question or concern, initiate a chat session, participate in a sweepstakes, promotion or survey, and / or participate in other activities with Vertical Bark entities.
Vertical Bark uses the information you provide in order to fulfill requests for services or information; provide customer services; administer sweepstakes, promotions or surveys; offer new products or services; improve the effectiveness of Vertical Bark website[s], marketing endeavors and offers; conduct research and analysis; send marketing communications; or perform various other business activities.
Vertical Bark does not sell, trade or rent your personal information to third parties. Vertical Bark may need to share your personal information with certain third parties such as our service providers and other representatives for limited purposes. For example, Vertical Bark may share personal information with third parties to perform services such as sending Vertical Bark marketing communications, servicing products, conducting research, analysis or administering surveys, sending regular mail and email on behalf of Vertical Bark, processing credit card payments, administering sweepstakes, providing call center services, data storage and hosting services.
The third parties with whom Vertical Bark conducts business are only authorized to use your information to perform the service for which they were hired. As part of the agreement with them, they are required to follow the privacy guidelines provided to them and to take reasonable measures to ensure your personal information is secure.
Vertical Bark may also share your personal information with companies who have referred you to Vertical Bark for goods and services, or have allowed Vertical Bark to have a presence on their websites.
From time to time, Vertical Bark may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. Vertical Bark also reserves the right to report to law enforcement agencies any activities that Vertical Bark, in good faith, believes to be unlawful. Vertical Bark may share certain personal information when Vertical Bark believes that such release is reasonably necessary to protect the rights, property and safety of others and ourselves. Vertical Bark may also transfer personal information in the event of a corporate sale, merger, acquisition, dissolution or similar event.
Vertical Bark is an opt-out organization. Once Vertical Bark receives your information, Vertical Bark may send you marketing communications that contain valuable offers, promotions and other content. You always have the ability to opt-out of receiving future marketing communications from Vertical Bark. To change your status with respect to receiving marketing communications from Vertical Bark, you may follow the directions on a marketing e-mail or direct mail marketing communication from us or use one of the following methods of contact;
Email: Contact Us
Mailing address: 5114 Point Fosdick Drive NW
Gig Harbor WA 98335
Telephone: 253 651-2059
If you send an email or letter request, please include your full name, address, phone number and email address and indicate specifically what type of marketing communication[s] [for example, email, direct mail and / or phone] you wish to stop receiving. This helps identify you correctly in Vertical Bark systems so we can accurately process your request.
Vertical Bark will take the appropriate steps to implement your request to opt-out of receiving marketing communications. Please note that due to production, mailing and system timelines, in order to remove you from Vertical Bark marketing lists, it may take up to twenty-five business days for emails, forty-five calendar days for phone calls and six weeks for direct mail.
Until the change takes effect, you may still receive marketing communications from us.
Also, please note that even though you may have requested not to receive future marketing communications, you may still receive business-related communications such as appointment confirmation calls, billing information or other organization-related communications. In addition, opting out of Vertical Bark marketing communications does not impact your marketing preferences with the Vertical Bark parent company. You must contact the Vertical Bark parent company directly if you wish to stop receiving other marketing communications.
Whether you are receiving services or using Vertical Bark website[s], having services performed at your location, or contacting the Vertical Bark call center, Vertical Bark has security measures in place and take reasonable precautions to protect against the loss, misuse and unauthorized access of your personal information under Vertical Bark's abilities. This includes personal information that you provide in order to complete a purchase. Vertical Bark cannot ensure or warrant the security of any information you transmit by email, and you do so at your own risk.
Please note: While Vertical Bark is able to protect personal information that is provided during the course of business, Vertical Bark cannot take responsibility for data loss on the products or systems serviced. You will need to ensure your data has been removed or backed-up in order to safeguard this information.
When posting information on Vertical Bark blogs, please use caution when providing any personal data about yourself. This information may be viewed by others and it is recommended that you do not provide your name, address or any other personal information in this area. Vertical Bark will monitor blog content and make every effort to remove this type of information before posting. However, if you choose to include personal data in your content, you do so at your own risk and you accept full responsibility for those posts and any consequences that may arise from the posting of your information.
Vertical Bark offers remote access service to assist in diagnosing and resolving system issues. This process allows a Vertical Bark Agent to remotely access your computer to determine the problem and either repair it or provide advice on what options are available to fix the issue. By taking advantage of this service, you are giving permission to a Vertical Bark Agent to log into your computer which may contain personal information. A Vertical Bark Engineer will only search your computer to determine the cause of the problem and will attempt to limit their interaction with your files to a minimum. It is your responsibility to ensure all of your files, especially those containing personal information, are secure to prevent any type of data loss or corruption.
The Vertical Bark web server automatically collects clickstream information such as the address, or URL of the website that you came from before visiting VerticalBark.com, which pages you visit on our website[s], which browser you used to view our website[s] and any search terms you may have entered on our website[s], among other things. In addition, the site[s] may collect certain anonymous information about your visit, such as the name of the Internet service provider and the Internet Protocol [IP] address through which you access the Internet; the date and time you access the site; and the Internet address of the Web site from which you linked directly to our site. As we endeavor to understand how visitors use Vertical Bark sites, anonymous clickstream data is gathered to help us improve the site[s], analyze trends, and administer the site; it will not be provided to any third party. more
Vertical Bark will not knowingly or intentionally collect personal information online from children under the age of 13. Vertical Bark is committed to protecting the privacy of all children.
Please contact our Privacy Manager to report any known or suspected privacy or security breaches or to submit privacy or security-related questions or complaints. After receiving your inquiry, we will respond within ten business days.
You may only download Content displayed on the Vertical Bark, llc website[s] for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the content of the Vertical Bark, llc website[s] including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of Vertical Bark, llc.
All content included on or comprising the Vertical Bark, llc website[s] including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material [collectively "Content"] is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Vertical Bark, llc owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
The Vertical Bark, llc logos, servicemarks, and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Vertical Bark, llc and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the servicemark or trademark owner.
By using the Vertical Bark, llc website[s], you agree that any information, materials, suggestions, ideas or comments [including testimonials] you send to Vertical Bark, llc or any other third party using the Vertical Bark, llc website[s] is non-confidential. By submitting any solicited or unsolicited information using the Vertical Bark, llc website[s], you grant Vertical Bark, llc an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.
You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.
13] APPLICABLE LAW
The Vertical Bark, llc website[s] is created, operated and controlled by Vertical Bark, llc in the State of Delaware, United States of America. The laws of the State of Delaware will govern the Legal Notices without giving effect to any principles of conflicts of law.
The Vertical Bark, llc website[s] contains links to other sites operated by third-parties, including but not limited to third-party sites that display the Vertical Bark, llc trademarks ["Third-Party Site[s]"]. These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.
Vertical Bark, llc does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the Vertical Bark, llc website[s] does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. Vertical Bark, llc makes no representation or warranty as to any products or services offered on any Third-Party Site.
The Vertical Bark, llc website[s] may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
Users are prohibited from violating or attempting to violate the security of the Vertical Bark, llc website[s], including, without limitation, [a] accessing data not intended for such user; b] using the web site for unintended purposes or trying to change the behavior of the site; [c] attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; [d] attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"; [f] forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or [g] forging communications on behalf of the website[s] [impersonating the Vertical Bark, llc website[s]] or to the website[s] [impersonating as a legitimate user]. Sending unsolicited and unauthorized e-mail on behalf of Vertical Bark, llc, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Vertical Bark, llc website[s] or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism [including without limitation browsers, spiders, robots, avatars or intelligent agents] to navigate or search the Vertical Bark, llc website[s] other than the search engine and search agents provided by Vertical Bark, llc or generally publicly available browsers.
Certain software or other materials ["Software"] that you may download from the Vertical Bark, llc website[s] may be further subject to United States Export Controls. No Software from the Vertical Bark, llc website[s] may be downloaded or exported contrary to any applicable export law, including but not limited to any applicable prohibitions against download or export as follows: 1] into [or to a national or resident of] Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or 2] anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using Software downloaded from the Vertical Bark, llc website[s], you agree to abide by the applicable laws, rules and regulations including, but not limited to the Export Administration Act and the Arms Export Control Act and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of the law.
Disclaimer or Warranties
17-a] VERTICAL BARK disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, availability of information or any on-location services in the VERTICAL BARK Services.
17-b] VERTICAL BARK disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, material or service[s]. VERTICAL BARK disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the internet through VERTICAL BARK Services. Further, VERTICAL BARK Services disclaims any responsibility for any harm resulting from any on-location VERTICAL BARK Service[s].
17-c] THE VERTICAL BARK SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE VERTICAL BARK SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. VERTICAL BARK AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. VERTICAL BARK AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE VERTICAL BARK SERVICES. VERTICAL BARK AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE VERTICAL BARK SERVICES. VERTICAL BARK AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE VERTICAL BARK SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE VERTICAL BARK SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE VERTICAL BARK SERVICES.
17-d] YOU UNDERSTAND AND AGREE THAT YOU WHEN YOU CHOOSE TO DOWNLOAD OR HAVE DOWNLOADED OR OTHERWISE OBTAIN MATERIAL OR DATA OR ACCEPT ON-LINE OR ON-LOCATION IT CONSULTING SERVICES THROUGH THE USE OF THE VERTICAL BARK SERVICE[S], IT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM[S] OR LOSS OF DATA THAT RESULTS FROM THE SERVICE[S].
17-e SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
18-a] UNDER NO CIRCUMSTANCES SHALL VERTICAL BARK OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE VERTICAL BARK SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT [INCLUDING NEGLIGENCE], OR OTHERWISE, [EVEN IF VERTICAL BARK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES]. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE VERTICAL BARK SERVICES, FROM INABILITY TO USE THE VERTICAL BARK SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE VERTICAL BARK SERVICES [INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES].
18-b] THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES THROUGH THE VERTICAL BARK SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE VERTICAL BARK SERVICE[S], AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE VERTICAL BARK SERVICE[S] OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE VERTICAL BARK SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
18-c] SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE VERTICAL BARK SERVICE[S] OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE VERTICAL BARK SERVICE[S]. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL VERTICAL BARK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT, OR OTHERWISE] RELATING TO THE SERVICE[S] OR EXECUTABLE EXCEED $110.00 [ONE-HUNDRED AND TEN DOLLARS ONLY USD]. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Vertical Bark or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Vertical Bark.
20] EFFECTIVE DATE
The Effective Date for these Terms of Services is January 6, 2006. The Terms of Services were last updated on January 6, 2006.
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VerticalBark, MainBark, Technology Integrators Serving Micro-Business, Vertical Technology Services, MCITS, @HomeServices, @OfficeServices, and other proprietary Servicemarks and Acronyms are in our Glossary and FAQ’s, refers to a group of technology services provided by Vertical Bark, llc. [all subsidiaries and affiliates of Vertical Bark, llc are referred to as "Vertical Bark"].
Technology Services for Small Business
Reproduction in whole or in part without permission is prohibited.