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Verti Technology Group Terms of Use

Including for the Verti Installer Technologies

Updated 12/04/2013

This is a legally binding contract ("Terms of Use") between Verti Technology Group ("Verti", "we", "us" or "our") and you. By using, executing, running, downloading, installing, or copying content, including software or offers, made available on Verti websites, including without limitation www.vertitechnologygroup.com and www.vertitechnology.com, and/or our partner websites ("Sites") or provided to you by us or our partners (collectively "Content"), you are agreeing to be bound by these Terms of Use and represent that you are of legal age to form a binding contract.

Verti may update this Terms of Use from time to time. Newer versions will be indicated by the then-current "Last updated" date at the top of these Terms of Use.

1. Downloads

All downloads on Verti sites are managed by the Verti installer Technologies that (i) downloads the files needed to install the software; and (ii) scans your computer for specific files and registry settings to ensure software compatibility with your operating system and other software installed on your computer. Once Verti installer Technologies has been initiated, you will be presented with a welcome screen which allows you to choose to install the software or decline. We may show you one or more partner software offers that may offer to: (i) change your default search provider; (ii) change your browser's homepage; and/or (iii) install icons on your computer's desktop, including third-party offers. Our partner's software will generally notify you if their application includes advertisements. After the installer has completed, it will remove itself from your computer.

2. Privacy Policy

Pursuant to our privacy policy located at http://vertitechnologygroup.com/policy or elsewhere on our website, we do not collect your personally identifiable information except as set forth in such policy.

3. Your Obligations

You agree to use the Content and Sites only for lawful purposes. You agree not to take any action that might render the Sites inaccessible to others, compromise the security of the Sites, or cause damage to the Content or Sites. You agree not to use the Sites in any manner that might interfere with our rights or our partners' rights. You represent and warrant that (a) you will comply at all times with all applicable federal, state, and local laws and regulations, (b) you are the owner or an authorized user of the computer that the Content is installed on, and (c) you are at least eighteen years old. Persons under eighteen years old may not use the Content. You agree not to use any automated or manual process to modify, interfere with, or attempt to modify or interfere with the Content, except to uninstall the Content as provided herein. You acknowledge sole responsibility for installing appropriate anti-virus software and other security measures on your computer.

4. License Grant

We grant you a non-exclusive, non-transferable, non-assignable, and revocable license to use the Content within the United States of America, in accordance with the terms and conditions of this Terms of Use. Other than the rights expressly granted hereunder, no other right is granted. You may not modify, add to, subtract from, translate, disassemble, decompile, reverse engineer, create derivative works of, rent, lease, redistribute, sell, sublicense or transfer the Content. You may make only such copies of the Content as are reasonably necessary for your own use, and any copy made by you must bear the same copyright and other proprietary notices that appear on the copy furnished by us and our partners.

5. Third Party Offers

You may be allowed to download, install, access or use Content provided by our partners. By accessing the Sites and downloading the Content, you hereby grant us permission to display offers for third party products or services and associated promotional information (collectively Offers"). The placement, timing, frequency, and extent of the Offers and changes to the Offers are determined in our sole discretion. Your access or use of partner Content may be subject to applicable third party rights, terms and conditions, and may require that you accept additional terms of use for such access or use. You acknowledge and agree that Verti is not responsible for any partner Content, Ads or Sites. You acknowledge and agree that (a) we do not warrant or endorse, and do not assume nor have liability to you or any other person for, any partner Ads or Content, and (b) your use of partner Ads and Content is at your own risk. We are not responsible for the terms and conditions of any third party or partner website, offers or Ads regardless of whether the offer or Ads is hosted by us. You are solely responsible for and must carefully review each partner offer and Ad and read their terms and conditions along with their privacy policy. You acknowledge and agree that your access or use of partner Content or Ads may cause information to be shared among your system and such partner's systems in a manner not governed by these Terms of Use or our privacy policies, and that your rights with respect to privacy in such circumstances will be governed solely by the terms of use or privacy policies, if any, of such partner.

6. Termination

The Terms of Use and all license grants will immediately terminate if you violate any provision of these Terms of Use. We may also terminate the Terms of Use and/or any licenses at any time with or without notice.

7. Ownership

We own all intellectual property rights in and to our Content and Sites. The license grant herein is not a sale and does not render you the owner of a copy of our Content. Ownership of our Content and all components and copies thereof will at all times remain with us, regardless of who may be deemed the owner of the tangible media on which the Content is copied, encoded or otherwise fixed.

8. Disclaimer of Warranties

WE PROVIDE ALL CONTENT, INCLUDING WITHOUT LIMITATION SOFTWARE, "AS IS," WITH ALL FAULTS, AND WITHOUT ANY WARRANTY WHATSOEVER. ALL SITES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. YOU AGREE TO ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND SITES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT ANY PART OF THE CONTENT NOR DO WE REPRESENT THE CONTENT WILL MEET YOUR NEEDS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.

9. Exclusive Remedy

IF YOU ARE DISSATISFIED WITH THE SITES, THE CONTENT OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND CONTENT AND TP UNINSTALL THE CONTENT.

10. Limitations on Liability

WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS TERMS OF USE OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED THE GREATER OF TEN DOLLARS (US$10.00) OR THE LICENSE FEE YOU PAY US FOR THE DOWNLOAD OF OUR VERTI INSTALLER SOFTWARE. BY INSTALLING OR USING THE CONTENT, INCLUDING WITHOUT LIMITATION THE SOFTWARE, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US, OUR SUBSIDIARIES, AFFILIATES AND PARENT COMPANIES, OR OUR OR THEIR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR PARTNERS.

11. Copyright Notifications

We respect the rights of copyright holders. It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of known and verified repeat infringers. Notifications regarding any such alleged infringement should be emailed to customersupport@vertitechnology.com or sent to:

Verti Technology Group
Attention: General Counsel
3600 136th Pl SE,
Bellevue, WA 98006

To be effective, notifications must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) identification of works or materials being infringed; (iii) identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; (iv) contact information about the notifying party including address, telephone number and email address; (v) a statement that the notifying party has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Once a complete and proper notice of claimed copyright infringement is received by us, it is our policy to remove or disable access to the content on Verti Sites or content directories.

12. Waiver of Claims and Indemnification

By accessing or using our Sites or downloading Content, you forever waive any and all claims you have or may have in the future against us. You shall indemnify and hold harmless Verti, our subsidiaries, affiliates, and parent companies, and our and their officers, directors, agents, attorneys, employees and licensors ("Indemnified Parties") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments, including without limitation reasonable attorneys' fees (collectively, "Losses"), to which an Indemnified Party may become subject that arise out of or relate to: (i) your use or inability to use the Content or Sites; (ii) any violation of the Terms of Use or the license agreement or privacy policy governing any our or our partners' Content ; (iii) your infringement or misappropriation of any copyright, trademark, patent, trade secret or other personal, moral or proprietary right; or (iv) your gross negligence or willful misconduct. You shall reimburse us for all legal and other expenses, including without limitation attorneys' fees incurred in connection with investigating, defending or settling any Losses.

13. Miscellaneous

  1. Enforcement, Choice of Law, Choice of Forum. Every provision of this Terms of Use will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Terms of Use is held invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Terms of Use, and all other provisions will remain in full force and effect. This Terms of Use will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the State of Washington without respect to its choice of law provisions. Any action between the parties will be filed and take place in a state or federal court in the State of Washington. You irrevocably submit to the personal and exclusive jurisdiction in State of Washington state or federal court.
  2. No Waiver. The failure by us at any time to enforce any of the provisions of this Terms of Use or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Terms of Use. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
  3. Effect and Survival of Terms. This Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No third party beneficiaries are intended or created by virtue of this Terms of Use. This Terms of Use does not create a partnership, joint venture or agency relationship between the parties. Any terms of this Terms of Use that would, by their nature, survive the expiration or termination of this Terms of Use will survive. You acknowledge that you have not been induced to enter into this Terms of Use by any representations or statements, oral or written, not expressly contained in this Terms of Use.
  4. Electronic Form. A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  5. Correction of Errors and Inaccuracies. This Terms of Use, the Content, and the Sites may contain typographical errors or other errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Terms of Use, the Content or the Sites at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

14. Questions

If you have any questions regarding this Terms of Use or wish to obtain additional information, you can contact us by e-mailing us at customersupport@vertitechnology.com or writing to:


Verti Technology Group
Attention: Customer Service
3600 136th Pl SE,
Bellevue, WA 98006

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