Terms and Conditions

I. GENERAL PROVISIONS

1.0 PROVISION OF SERVICES

1.1 We will provide online and agent managed Trade Services to you (the "Account Holder") in exchange for payment of transaction and monthly account fees pursuant to compliance with the terms and conditions of this Agreement.

1.2 The Trade Service is defined as the use by the Account Holder of website access, software access, and information services provided by Vendvana agents and trade consultants. The Service may also include access to information services provided through the Internet or by third party providers (collectively, “Non-vendvana.com Content").

1.3 The Account Holder recognizes that Vendvana has no control over the availability, content and performance of its website. Vendvana does not warrant or support any Non-Vendvana content. The Account Holder recognizes that Vendvana content cannot be screened, censored or safeguarded by Vendvana with regard to copyright, obscenity, integrity, safety or reliability. The Account Holder assumes all risk and liability when accessing the Vendvana website and agrees to indemnify Vendvana in accordance with paragraph 4.0 below.

2.0 USE OF SERVICES

2.1 The Account Holder agrees to maintain and keep Account login information including but not limited to the account name, federal ID and password secure and private.

2.2 The Vendvana website is for participating trade commerce exchange clients only and is not to be used by non-participating exchange members. The Account Holder therefore agrees not to share the access or log-in information to the account. The Account Holder understands that non-compliance with this provision is cause for account termination.

2.3 The Account Holder agrees not to use, via the Internet, any process, program, or tool designed to discover the access information of account holders on Vendvana. The Account Holder agrees not to use the Service to make unauthorized attempts to access the accounts of others.

2.4 The Account Holder agrees to use the Service only as permitted by applicable local, state, and federal law. The Account Holder agrees, therefore, not to use the service to plan, incite, promote, facilitate, solicit or conduct any business or activity that is prohibited by law.

2.5 The Account Holder acknowledges that Vendvana is a commercial entity and that Vendvana is connected to one or several Internet Service Providers ("ISPs"). The ISPs may only be used by Account Holders to conduct legal business. This business should, however, not impinge upon the use of the Service by other account holders. The Service may not be used to send unsolicited advertising or promotional materials to other users. Other prohibited activities include, but are not limited to, propagation of computer worms and viruses, and using the network to make unauthorized entry to any other machine accessible via the network.

3.0 NO WARRANTIES

3.1 To the extent possible, Vendvana will make every effort to provide accurate information through its proprietary services. The account holder acknowledges that information available through non-Vendvana content may not be accurate. In any event, as to both Vendvana and Non-Vendvana Content, Vendvana makes no warranty, express or implied, regarding the quality, accuracy, or validity of data and/or information available, that access to the service will be available at any particular time, that operation of the service will be uninterrupted or error free, or that any particular result or information will be obtained. Member accounts are offered on an "as is" basis without warranties of any kind, other than warranties which are incapable of exclusion, waiver, or restriction under the law applicable hereto.

3.2 Use of information, programs or other materials obtained from or through the service is at the sole risk of the account holder.

4.0 INDEMNIFICATION

Operation of this Service carries inherent risks to Vendvana because Vendvana cannot control of all aspects of the Service. By acknowledging this Agreement, you agree to indemnify Vendvana for any damages, costs and expenses, including reasonable attorney’s fees, that accrue to Vendvana as a result of or arising out of your activities on the Service including, but not limited to, any claims for violation of any copyright, trademark, or protected material, any claim of defamation, slander, libel, disparagement or the like, any use of the Service for illegal purposes, or any use of the service to send or receive obscene materials.

5.0 MISUSE OF SERVICES

5.1 Your access to the Service is a privilege, not a right, and access to the Service is not guaranteed by this Agreement. The act of signing the Member Application and your use of the Service constitutes your acceptance of and agreement to be bound by this Agreement. This Agreement will be strictly enforced, and violators may, at the sole discretion of Vendvana be suspended or terminated from access to the Service for any reason without prior notice or opportunity to be heard. Behavior in violation of the rules embodied in this Agreement carries potential risks to Vendvana and cannot be tolerated. Vendvana failure to enforce a specific rule or policy on one occasion or against one person does not preclude the enforcement of the same rule or policy at a different time or against another person

5.2 Any use of the Service that disrupts the normal use of the Service for other Vendvana customers, will considered a misuse of Vendvana services.

5.3 Modification, alteration, reverse engineering, decompilation, disassembly or creation of derived works based on Vendvana proprietary software or published products are a misuse of Vendvana services.

5.4 Any violation of this Agreement is misuse of Vendvana services.

5.5 Violations of this Agreement or any of the Vendvana conditions of use are unethical and may be criminal offenses. You are expected to report to Vendvana any information you may have concerning instances in which this Agreement or the conditions of use have been or are being violated. When Vendvana becomes aware of possible violations, we will initiate an investigation. To prevent further unauthorized activity, Vendvana may, at its sole discretion, suspend any involved account(s) from access to the Service. Confirmation of violations may result in cancellation of the individual account(s) and/or criminal prosecution. The account suspension may be rescinded at the sole discretion of Vendvana following payment of a re-connection charge.

5.6 Vendvana reserves the right in its sole discretion to suspend or terminate access to the Service to any member at any time for any reason.

6.0 LIMITATION OF LIABILITY

You join and participate in the service at your own risk. Vendvana shall not be liable for any damages or losses which result to you from your use of or participation in the service Vendvana disclaims all express and implied warranties, including the warranties of merchantability and fitness for a specific purpose. Vendvana shall not be liable for any damage that user may suffer arising out of use, or inability to use, the service or products provided hereunder. Vendvana shall not be liable for unauthorized access by third parties to your facilities or premise equipment or for unauthorized access to or alteration, theft, loss or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method. In no event will Vendvana, its agents, or affiliates be liable for any other damages, including lost profits, loss of data, or other special, incidental, indirect or consequential damages, arising out of or relating to the purchase, use or performance of the service.

7.0 ACCESS

Account Holder is responsible for and must provide all equipment and services necessary to access the Service

8.0 CHOICE OF LAW AND FORUM

8.1 This Subscription Agreement is made and entered into in the state of Arizona. By signing the Account Application, you agree that any disputes between you and Vendvana will be governed by the law of the State of Arizona and you further agree to the exclusive jurisdiction of the Courts of Arizona, for all disputes arising out of or related to this Agreement or your participation in the Service.

8.2 Any cause of action of Account Holder with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.

9.0 ENTIRE AGREEMENT

9.1 This Agreement and any operating rules published over the Service constitutes the complete agreement and understanding between Vendvana and the Account Holder regarding the Service and supersedes any other written or oral agreement.

9.2 Upon notice published on-line by Vendvana Vendvana at its sole discretion, may modify this Agreement, and/or modify its pricing structure. Vendvana may, in its sole discretion and without prior notice, discontinue or change the services offered. Only Vendvana can modify this Agreement or change a rule or policy of this Service.

I. GENERAL PROVISIONS

1. This Legal Information applies to any, and all software or technology provided by vendvana.com. This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

2. Information on this website is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

3. Information on this website may contain technical inaccuracies, misrepresentations or typographical errors. vendvana.com makes no representation about the accuracy of details or specifications or information, item descriptions or pricing that have been provided on offers listed by merchant members. Information may be changed or updated without notice. vendvana.com may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

4. vendvana.com does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to vendvana.com will be deemed NOT to be confidential. By sending vendvana.com any information or material, you grant vendvana.com an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that vendvana.com is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. You can learn more about vendvana.com copyrights by contacting us at join@vendvana.com.

5. Information vendvana.com publishes on the Internet may contain references or cross references to vendvana.com products, programs and services that are not announced or available in your country. Such references do not imply that vendvana.com intends to announce such products, programs or services in your country. Consult your local vendvana.com business contact for information regarding the products, programs and services that may be available to you.

6. vendvana.com makes no representations whatsoever about any other website which you may access through this one. When you access a non-vendvana.com website, please understand that it is independent from vendvana.com, and that vendvana.com has no control over the content on that website. In addition, a link to a non-vendvana.com website does not mean that vendvana.com endorses or accepts any responsibility for the content, or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

7. In no event will vendvana.com be liable to any party or any direct, indirect, special or other consequential damages for any use of this website, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.