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PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS (COLLECTIVELY, THE “TERMS OF USE” OR “TERMS”) CAREFULLY BEFORE USING THIS WEB SITE
Vestar and its affiliates (collectively, “Vestar”) welcome you to this Website (the “Site”) for your personal use. Your access to and use of this Site is subject to the following Terms of Use. Vestar reserves the right to update these Terms of Use at any time without notice to you. Any changes or modifications will be effective upon the posting of the revisions on the Site. The most current version of the Terms of Use may be accessed by clicking on the “Terms & Conditions” hypertext link located at the bottom of the Site. By using this Site, you accept, without limitation or qualification, these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use this Site or any of the content on this Site.
User Representations and Warranties
By using this Site, you are representing to Vestar that you have the power and authority to accept these Terms and to enter into this agreement, that you are capable of assuming, and do assume, any risks related to the use of this Site and its content, that you have read, understand and accept the terms, conditions and risks relating to your use, and that you agree to be bound to these Terms which form an agreement that is effective as if you had signed it. If you do not agree to the Terms of Use, your permission to access or use the Site is automatically and immediately revoked. You may not use this Site or accept these Terms if you are not of a legal age to form a binding contract.
Accuracy and Completeness of Information
While Vestar uses all reasonable efforts to ensure that the information contained in this Site is accurate and reliable, Vestar makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of this Site.
Modification of Site
Vestar will periodically revise the information, services and resources contained in this Site (pursuant to its sole and absolute discretion) and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. Vestar encourages you to visit this Site frequently to stay informed.
Your Use of the Site
All content available through the Site is the sole and exclusive property of Vestar, its licensors, merchants, suppliers, vendors or other content providers. The content is made available for your non-commercial, personal use only. You agree to abide by all copyright, trademark or other proprietary notices and rights relating to the content and you understand that any use of the content or Site that is not expressly permitted is prohibited and may be actionably under applicable law. No right, title or interest in any downloaded materials is transferred to you or to any user as a result of any such use of the Site or its content.
You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the Site in any manner without the prior written permission of Vestar, which it may grant or deny in its sole and absolute discretion.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You will not in connection with your use of this Site: (a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation; (b) interfere with or disrupt the computer networks of Vestar or attempt to do so; (c) upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of Vestar (d) upload, post, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law. Any unauthorized use of the Site will terminate the permission or limited, non-exclusive license granted by these Terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.
Unsolicited Submissions
Vestar does not accept or consider any creative ideas, suggestions or materials from the public (“Submissions”), therefore, you should not make any Submissions to Vestar. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non proprietary and shall immediately become the property of Vestar. Vestar shall exclusively now and hereinafter own all rights, title and interest therein. Vestar will be free to use any Submissions for any purpose whatsoever.
Privacy Policy
Vestar’s use of any personal data you submit to the Site is governed by the Site’s Privacy Statement. Please review our Privacy Statement, which also governs your visit to our center, to understand our practices.
Disclaimer
THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS IS” 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, WARRANTIES OF TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE INFORMATION AVAILABLE THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS. YOU ARE RESPONSIBLE FOR TAKING ANY AND ALL NECESSARY STEPS TO ENSURE THAT ANY CONTENT YOU OBTAIN IS FREE FROM VIRUSES OR OTHER CODE THAT MAY BE HARMFUL. VESTAR HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, VESTAR, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, PARTNERS AND/OR AGENTS ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER 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 OR WHETHER ANY OF THE FOREGOING ARE FORESEEABLE OR NOT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VESTAR DIRECTLY OR INDIRECTLY THROUGH THE SITE (OR THROUGH CONTACT WITH ANY EMPLOYEE OR AGENT OF VESTAR WHOSE IDENTITY YOU ASCERTAINED THROUGH THE USE OF 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 ANY ELECTRONIC FILE CONTAINING ANY FORM OR DOCUMENT FROM THE SITE IS DISCLAIMED.
ALTHOUGH VESTAR HAS TRIED TO BE AS ACCURATE, COMPLETE, AND CURRENT AS POSSIBLE, VESTAR DOES NOT WARRANT THAT THE CONTENT HEREIN IS ACCURATE, COMPLETE, OR CURRENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT WILL VESTAR, ITS AFFILIATES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, TENANTS OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANYDAMAGES OR LOSSES WHATSOEVER, WHETHER SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORESEEABLE OR WHETHER VESTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ANY EVENT, THE FOREGOING LIMITATION OF LIABILITY IS MEANT TO BE TO THE MAXIMUM AMOUNT PERMITTED BY APPLICABLE LAW.
Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold Vestar, its affiliates, employees, officers, directors, agents and managers, harmless for, from and against any and all claims, damages, costs, penalties, fines, demands, actions, losses, liabilities, and expenses, including attorney’s fees, arising from or in any way related to your use of or reliance on the Site of its content, any Submissions provided by you, or by your breach of these Terms or violation of any applicable law or the rights of Vestar or any third parties.
Copyright Notice
Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of Vestar, its vendors, merchants, partners, suppliers or its affiliates. Except for personal, non-commercial use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Vestar, which it may grant or deny in its sole and absolute discretion.
Trademarks
This Site features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of, or are licensed to Vestar, its vendors, merchants, partners, and its affiliates. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without prior written permission of Vestar or any such third party that may own a Mark displayed on the Site, which may be granted or denied in the sole and absolute discretion of the party that owns the Mark.
Links to Third Party Sites
As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by Vestar. Vestar has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Vestar. Vestar is not responsible or in any way liable for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk. You acknowledge and agree that Vestar is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on any such linked sites.
Cautionary Language Regarding Forward-Looking Statements
This Site may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Such statements are based on assumptions and expectations that may not be realized and are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy. Future events and actual results, financial and otherwise, may differ materially from the results discussed or implied in the forward-looking statements. Risks and factors that could cause actual results to differ materially from those contained in a forward looking statement. Vestar assumes no liability or responsibility to publicly update or revise any forward-looking statements.
Jurisdiction
These Terms of Use are governed and interpreted under the laws of the State of Arizona (without regard to conflict of law principles) and/or the federal laws of the United States of America. By using this site you consent to the jurisdiction of the courts located in Maricopa County, Arizona for any action arising from these Terms of Use.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. The failure of Vestar or its affiliates to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit any party’s rights with respect to such breach or any subsequent breaches.
This Site can be accessed from countries around the world other than the United States. Vestar makes no representation that the content on this Site is appropriate or available for use in other locations, and accessing this Site from areas where its content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws.