Terms of Use
Vermillion Financial Advisors, Inc.
All of the content on VermillionFinancial.com (the “Website”) is subject to copyright, trademark, trade dress and/or other intellectual property rights or licenses held by Vermillion Financial Advisors, Inc. (“Vermillion”). Vermillion and its affiliates and licensors reserve all intellectual property rights in the Website. This includes all images, text, programs, graphics, interactive clips and other materials that are on the Website.
The content on this site is intended for personal noncommercial use. Users are allowed to download, print and store selected content of the website in accordance with these Terms of Use. Vermillion retains all copyrights and other intellectual property rights in any downloaded content from the Website.
We reserve the right to change, amend, or otherwise add to anything found in these Terms of Use whenever we deem necessary.
1. Collection and Use of Personal Information
We respect your privacy. If you email comments to us, we may use your comments for editorial purposes or in promotional advertising and/or marketing materials. To learn more about how we process and protect your information, please see our Privacy Policy.
You can visit the Website without revealing any personal information. However, some services on the Website require you to create an account to participate or use certain services. You agree to provide accurate, current, and complete information about yourself when you register and throughout the life of the account. Where required, this information may include company contact information as well as your personal contact information. Vermillion will use this information to reply to your inquiries, set up member accounts, and provide you with requested services.
You shall not impersonate any person or misrepresent your identity or affiliation with any person, including by using another person’s username or account information, or another person’s name, image or photograph. Any unauthorized use of your username or information on the Website should be promptly brought to our attention at [email protected]. You are fully responsible for ensuring the security of your username and password. Do not share your username or password with anyone.
We reserve the right to terminate or suspend your account and your ability to use the Website for failure to comply with these terms, or for any other reason we deem necessary.
Protecting your privacy and your information is a top priority. We have taken reasonable measures to secure both your information and your physical premises. We exercise reasonable care in providing safe transmission of your information from your device to our servers. However, we cannot guarantee that our measures will completely bar unauthorized access to your information, and by using the Website you assume this risk.
All communications between you and Vermillion, including but not limited to emails, phone calls, physical mail, and video chats, may be recorded for compliance, training and service monitoring purposes. Such recordings will be managed in accordance with applicable fiduciary and data protection laws and will be kept confidential. By utilizing this website and submitting any forms, you give full consent to Vermillion to record and store all communication between both parties. You may opt out of recording by informing Vermillion at the time the communication is being initiated.
2. Submissions
You may submit text, comments, or other content you create through certain functions of the Website (“User-Generated Content”). You agree that any User-Generated Content you submit is not submitted in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Vermillion in any way, and that you have no expectation of any review, compensation or consideration of any type solely by submission of any User Generated Content.
Vermillion, our licensees, representatives, and other authorized users shall be entitled to use and disclose all User Generated Content, and we shall not be liable to you or any third party for any exploitation or disclosure of any Submission in accordance with our Privacy Policy.
By submitting any User Generated Content, you grant Vermillion a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable license to display, reproduce, transmit, distribute, exhibit, comment on, perform and otherwise exploit your User Generated Content, in whole or in part, in all media formats now known or hereafter devised without further notice to you, with or without attribution, in accordance with our Privacy Policy.
3. Rules of Usage
a. You may not submit to or post on or through the Website any text, graphics, images, photographs, audio, video or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same submission multiple times in a day or week.
b. You may not use any obscene, indecent, or offensive language in any submission or post on or through the Website. You additionally may not use any text, graphics, images, photographs, audio, video or other material that is defamatory, abusive, harassing, threating, or an invasion of right of privacy of another person. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Website.
c. You may not use any sexually explicit language or submit to or post on or through the Website any text, graphics, images, photographs, audio, video or other material that is sexually explicit.
d. You may not submit to or post on or through the Sites any text, graphics, images, photographs, audio, video or other material that is encrypted, invades anyone’s privacy, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
e. You are responsible for ensuring that any text, graphics, images, photographs, audio, video or other material you submit to the Website does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owners of such rights.
f. You may not make commercial or other unauthorized use, by publication, distribution, caching, performance, re-transmission of material obtained through the Website, including without limitation the Website content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by Vermillion.
g. You agree to not disrupt, attack, modify, overwhelm, reverse engineer, or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree to not interfere or impede with others’ use of the Website.
h. You may not attempt to gain access to the Vermillion’s servers by any means, including, without limitation, buy using administrator passwords or by acting as an administrator while using the Website or otherwise.
4. Third Party Links
The Website may contain links to third party websites or content that is not owned or controlled by Vermillion. The existence of a link to any third party website or content does not constitute an endorsement or recommendation of that website or content. Vermillion is not responsible for the contents of third party websites, nor is Vermillion responsible for the use of data collected by third party websites. You should be careful when clicking on unknown links. Vermillion is not responsible for any damages caused by use of third party links or websites.
5. Indemnification
You agree to indemnify, defend, and hold Vermillion, our licensors, distributors, affiliates, service providers, employees, agents, representatives and other authorized users, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from your User Generated Content, from your unauthorized use of material obtained through the Website, or from your breach of these Terms of Use, or from any such acts through your use of the Website. You shall use your best efforts to cooperate with us in the defense of a claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
6. Disclaimers
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO OUR SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR DEVICES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST VERMILLION WITH RESPECT TO THE WEBSITE.
7. Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VERMILLION OR ANY OF ITS AFFILIATES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL VERMILLION OR ANY OF ITS AFFILIATES, AGENTS, OR REPRESENTATIVES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND VERMILLION’S REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE WEBSITE, CHANGE THE WEBSITE, OR DELETE CONTENT OR FEATURES FROM THE WEBSITE AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. Severability
Any term or provision of this Terms of Use, which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms or provisions of this agreement or affecting the validity or enforceability of any of the terms or provisions of this agreement in any other jurisdiction.
8. Acceptance of Terms
By using the Website, you indicate your acceptance of our Terms of Use and Privacy Policy, your promise to comply with the representations you make and as contained in the Terms of Use and Privacy Policy, and your understanding of the scope of the limitations of the protections provided under the Terms of Use and Privacy Policy. If you do not agree to these policies, please do not use the Website. Your continued use of the Website following the posting of changes to our Terms of Use and Privacy Policy shall constitute your acceptance of those changes.