Disclaimer

Information provided through the Vermont Business Materials Exchange (VBMX) is supplied by the lister of the material. Neither VBMX, its sponsors (including the State of Vermont, Internet Support Service, and the Vermont Business Magazine), advisors, members or distributors is liable for any information, errors, or representations, or makes any warranty, express or implied, as to the accuracy of the material description, the suitability for particular purpose, or the merchantability of any material offered through this service or any service which may publish the material description.

VBMX is not responsible for the determination of what may constitute a hazardous substance or create a hazardous situation. VBMX does not make judgments or recommendations with respect to any legal requirements, particularly for storage, transportation, treatment, or disposal of what may be defined as a hazardous substance.

VBMX reserves the right to: not list certain materials; remove materials from the listing web site or catalog; or edit information provided by the listing party.

Rules for Online Conduct for Listings and Extended Services

By using the Service, you agree that you will not post any of the following material on VBMX.org or Internet mailing lists, bulletin boards, or other forums:

• Material which defames, abuses, or threatens others
• Statements that are bigoted, hateful, or racially offensive
• Material that advocates illegal activity
• Material that discusses illegal activities with the intent to commit them
• Unauthorized copyrighted material
• Material that contains vulgar, obscene, or indecent language or images

Statements or listings which violate the above terms will be deleted from the database upon discovery. Users who violate the Terms of Service will receive a warning from the VBMX Manager or other agent of VBMX stating that User has committed a violation and that further violations may result in the termination of User's account. After one or more warnings, depending on the nature of the violation, VBMX, at its sole discretion, may terminate User's account.

Member Services and Responsibilities

By using the Service, you agree that you will manage your own listings and subscription services. If technical assistance is required, requests to VBMX management will be honored. Acceptence of a free membership to VBMX and its free services is in consideration of the member's willingness to manage their accounts to the best of their abilities. This includes, but is not limited to:

• Creating member's own VBMX listings
• Removal of listing and reporting to VBMX in a timely manner
• Responding to requests regarding member's listings
• Using the members' services area to subscribe and unsubscribe from free notifications
• Keeping member information current
• Accept e-mail from the VBMX system regarding listings and membership
• Respond to e-mail requests as possible

Non-Transferability of Membership

User accounts may not be shared, transferred, or sold to other parties, nor are they to be commissioned for use or access by any person or party except the User. VBMX grants to User a non-exclusive, non-assignable, and non-transferable license to use the VBMX.org software ("Software") on any machine(s) of which User is the primary User. Unauthorized copying of the Software or duplication of the Software in any manner, including Software that has been modified, merged, or included with the Software, or the written materials associated therewith is expressly forbidden. User acknowledges that User may not sublicense, transfer, sell, or assign this license or the Software. Any attempt to sublicense, transfer, sell, or assign the license is void. User also acknowledges all consequences of using the services provided herein. If any negative consequences arise from the use or access vis-a-vis this service, it is the User's responsibility to apply the initial remedy. Should VBMX or Internet Support Service need to remedy a negative situation created by a User's use of the license provided, that remedy may include revocation of privileges.

Software Libraries and Copyrighted Materials

Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to VBMX.org. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings:

Unauthorized copies of copyrighted photographs, drawings, graphics, text, or other writings, computer programs, or other software, recordings, or designs; material of a sexually explicitly nature, including photographs and text. Photographs depicting the consumption of alcohol. Copyrighted material, including without limitation text, photographs, sound, video, and music, may not be placed on VBMX.org without the express permission of the author or owner of the copyright on the material. User acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Users only for Users' own use. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any copyrighted material. The burden of determining that any information, software, or any other content on VBMX.org is not protected by copyright rests with the User. User acknowledges that VBMX and/or third-party content providers remain the owners of the posted materials and that User does not acquire any of those ownership rights by downloading copyrighted materials.

Limitation of Liability and Warranty

User agrees that use of VBMX.org is entirely at user's own risk. VBMX's services are provided "as is," without warranty of any kind, either expressed or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the service, including without limitation the VBMX.org software licensed to the customer and the results obtained through the service. Specifically, VBMX and Internet Support Service disclaim any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. User specifically acknowledges that VBMX is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the user. Neither VBMX nor any of its agents, affiliates, or content providers shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of use of VBMX.org or inability to gain access to or use the service or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on VBMX.org.

Notice

VBMX may give notice to Users by means of a general notice on VBMX.org, electronic mail to User's e-mail address on record in VBMX's member information, or by written communication sent by first-class mail to a User's address on record in VBMX's member information. You may give notice to VBMX. Such notice shall be deemed given when received by VBMX at any time by any of the following: electronic mail; letter faxed to VBMX at the following fax number: 802 823-5228; or letter delivered by the United States Postal Service to VBMX at the following address:

Vermont Business Materials Exchange
c/o Internet Support Service
1580 Barber Pond Road
Pownal, VT 05261

Indemnification

User agrees to indemnify and hold VBMX harmless from any dispute which may arise from a breach of terms of this Agreement. User agrees to hold VBMX harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to User's violation of this Agreement, including the Rules of Conduct or any information, software, or other content placed on the Service by User.

Termination of Service

User may terminate this Agreement and User's right to use the Service. VBMX may terminate user's account or access rights to VBMX.org at any time, without notice, for conduct that VBMX believes violates this Agreement or other policies or guidelines that VBMX has posted on VBMX.org. VBMX may terminate user's account or access rights to VBMX.org for online conduct that VBMX believes is harmful to other Users, VBMX's business, or other information providers. VBMX may make the decision regarding User's access at its sole discretion and without cause.

Privacy Policy

VBMX is committed to preserving the privacy of all visitors and users. This site has password-protected, secure areas which enable Users to connect with each other.

The information on this site will not be used for any commercial or philanthropic purpose not directly connected with or approved by VBMX; nor will copies be made; nor will the original information or facsimile be given, lent, or sold to any other individual or organization.

While not used at this time, any future use of cookies will be limited to store an active login session to enhance the experience of the visitor who goes back and forth between the public and the private, password-protected areas of the site. We do not store personal preferences on the site in cookies.