Terms & Conditions

Versatileer Terms & Conditions

General Terms & Conditions:
The Versatileer website is Versatileer is a website with a blog format, and hereon referred to as “website”. If there can’t be complete compliance, or if there are any disagreements upon the terms and conditions, as stated–You must leave the Versatileer website immediately. The terms and conditions here, in unison with the rules on Review & Sponsorship Policy and the Privacy Policy are IN FULL, and are not negotiable.

Use and visiting Versatileer is at the visitor’s discretion, and you signify your agreement to these terms and conditions or “Terms of Service”, and consent to Versatileer‘s privacy notice and incorporated here by reference, Versatileer‘s copyright and trademark policies which are listed thereon, and Versatileer‘s Community Guidelines which are listed thereon and also incorporated here by reference (“Agreement”). Some reviews, synopsis’s, blurbs and excerpts are preserved for the freedom of the writers to express the proper viewpoint. Some products may be considered provocative, although we try to keep it as suitable as possible. Also some content that is third party, like inside a daily giveaway roll can be NSFW, and we don’t guarantee a censoring of such content. Although my writing content is still family style, directed ages 18+, strong parental guidance suggested (13+ with scrupulous parental guidance, your use of this website is strongly urged at not being visited unless 18+). Use by those 13 years to 18 years old is authorized ONLY with strong parental guidance and consent–and such use is not guaranteed, due to our freedom and direction to majority aged persons. It is the parents discretion to decide to permit anyone under age 18 to use the Versatileer website. Versatileer only advocates use by those 18+, and Versatileer is not responsible for use by anyone who declares opposition to any content. Giveaways that are sponsored by Versatileer are always 18+, and such notification of the giveaway being for those over 18 years old are indicated on every giveaway–no exceptions! Giveaways that are posted not sponsored by Versatileer (third party giveaways), unless otherwise stated–are mostly the majority being 18+, subject to the giveaway administrators, and the Versatileer website is under no circumstances responsible for any claim to the content involved. Any and all gambling involved, see below T&C. If you do not agree to any of these terms, the Versatileer privacy notice, or the Community Guidelines, please do not use the Versatileer Website. Versatileer respects your privacy: Last names, obviously visible addresses and photos of anyone under age 18 are never permitted. The fitness of material posted in Versatileer comes with no guarantees to fitness for any particular situation or individual, and I cannot guarantee an agreement to a person’s acceptance of such. The liability of the Versatileer website is limited to the guidelines of the binding insurance policy and any such claims will be immediately turned over to insurance. By use of the Versatileer Website you agree to opt in for arbitration and all legal claim that may arise. Also you agree to be bound by the terms and conditions of the insurance companies. It may express an opinion, recommendation, testimonial or advice based on real-time experience or research, but expressly disclaims any and all liability in connection with followers use of fitness. The Versatileer website does not permit interjecting copyright infringing activities and infringement of intellectual property in the shares with the Versatileer website’s name on it. Such instances either reported or found by the Versatileer website will be properly notified on the mediums that such content or posts whereby infringing on another entity’s intellectual property rights are compromised, or any applicable privacy legislation being violated. The Versatileer website reserves the right to remove comments or posts/pages without prior notice. There are links from the Versatileer website, and do so when deemed necessary to favor the ability of each visitor’s experience surfing the web. I have no guarantees that a link may be broken, redirected in the future, or lead to future domain transfer or if a link goes to a site that is infected with bugs, Trojan horses, viruses, or other implements to compromise your computer. It is highly recommended that whenever you surf the web that you are using the latest updated security and/or VPN. Even though I make my best effort to have latest security updates and high amounts of security, I cannot guarantee that someone will not infect the Versatileer website. If this should happen, I do my best to get technical support with WordPress.com. It is agreed that under no circumstances that if you are under 13 years of age that such persons are under the implied consent of parents laws, and such rules and laws that apply to any use as such are directed at a parental issue, legally and morally. The Versatileer website never advocates use of this website except if you are age 18+ period. You agree not use Versatileer website if you are a convicted sex offender, and agree to leave the website immediately. It is agreed that the Versatileer website will not be used in conjunction to any crime– ordinance violation, misdemeanor or felony, and agree to leave the website. The Versatileer website is available for access to all followers for the personal use and information intended through use through the normal functionality of the Versatileer website. The Versatileer website links to other websites. Versatileer website is not responsible for the content after it links to another website. As far as the timing of all operations, posting, etc.–including giveaways dates and expirations, the Versatileer website is synchronized with the Illinois time zone observed per day, specifically the Central Time Zone.

Comments’ Conditions:
I moderate comments to make sure the content is suitable for the workplace and family friendly. I do not moderate to proofread, so mistakes are published as is. Last names are never published, included on the website and in giveaways including the widgets, unless they are associated with a business, and the person in charge consents to it being published in writing. Only the first name and last initial are published to protect privacy. If you share twitter and other social medium addresses, it is assumed that they are of public share, so it will be published. I do moderate sharing of emails and/or last names and they will moderate a squelched email, to protect the privacy both ways, so if you comment with your email, it will NOT be published under any circumstances. Versatileer is not responsible for content shared in a comment. If you want a published comment moderated or find a comment or published content offensive, please report it in a request in the Contact Form that is located on the “About” page in the “MORE” menu at the top of my page. I do my best research to post any and all content on Versatileer. If you find any information incorrect, please contact me and I will make the correction and may credit you for assisting with the correction only listing a first name and last initial. The Versatileer website frowns on gossip. I like the comments to be limited to family friendly material. Under all circumstances, you being the visitor agree to never post anything that is discriminatory or infringes on any individual’s rights and/or a comment being based on the basis of color, sex, sexual identity, religion or lack of religion, or political preference. Any and all comments portraying hate crimes, obscene or pornographic connotations, or defamatory material will not be tolerable, and will be turned over to the proper authorities. The Versatileer website does not endorse or give special favor to any individual follower. While Versatileer does the best to moderate, Versatileer assumes no liability upon a person’s comments, so if there is a problem with someone’s comment, it is up to it being reported properly and it being addressed the reasons that a comment should be moderated. The Versatileer website will report an issue that is requested to be removed to original commentators. Versatileer is not responsible for initial moderating due to sharing an email or sharing a last name, only if it is offensive, profanity or spam. You are encouraged to comment using no more than one email or IP address. Using of such for any malicious activity will result in being banned from use of the Versatileer website permanently. Askimet screening occurs to effectively remove spam. I screen blocked messages to see what is blocked, and some messages are re-moderated and cleared for posting. The failure rate is less than 1%, so if you do not see a comment, you can comment again about the issue or leave a message using the Contact Form.

IMPORTANT: Effective 01/27/2021 – Politics: The Versatileer website will moderate political comments. This is a still family style forum that advocates freedom for all literature, but absolutely no political preferences, conditions and posting/comments are permitted, and belong on another forum. Therefore any and all political comments will be moderated and not approved for publishing. Notification for such posting is rendered on the second screening. Versatileer accepts no political advertising, and seeks neutrality for all on the Versatileer website. Any governmentally motivated articles are never directed in a partisan manner, and are always cited for factuality before publishing, and are considered #RealNews before they are posted. There have been claims that articles contained fake news, and in some cases the “fact checkers” were actually citing false pretense on factual references. The Versatileer website always double checks for facts. Sometimes a mistake happens, and I will post an update and thank the contact for notification of erroneous information, because the object is to always have facts published on the Versatileer website.

Spamming/Advertising:
Versatileer will not tolerate spamming in the form of unsolicited advertising being posted in a comment, under any circumstances, and will be moderated. The first offense of unpaid advertising will be moderated with no request to the sender of the comment. With the second offense, an email requesting such advertising never be posted. Further action will be required upon continued spamming and will not be tolerated. Versatileer welcomes promotion of products, other promotions, giveaways, real freebies, authors’ materials & blitzes–but NOT advertising. All advertising must be paid for and the Versatileer website is not the place for unsolicited advertising. Versatileer has advertisers and accepts all advertising in accordance to the FTC’s guideline to Advertising & Marketing Practices, FTC’s Internet Advertising Guidelines and the FTC’s Protection Against Discrimination.

Unlawful Use of Website:
Versatileer is a domain on WordPress.com. Versatileer and WordPress.com do not tolerate any spamming, hacking, use of macros on, copying the website with the use of spider copying software, robots, or offline readers, or in manipulating the code and/or the connection, page or domain; or spreading bugs, Trojan horses, viruses, or other implements–in order to.compromise the safe use of this website; or plagiarizing the website. You agree to not install malware, spam, or ransomware onto the Versatileer website’s servers, or to hack into them. You agree not to circumvent, disable or otherwise interfere with any security-related features. You agree not to distribute any content, including without limitation: text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like content. Also the trademarks, service marks and logos contained therein that are owned by or licensed to the Versatileer website, subject to copyright and other intellectual property rights under the law. Content on the Versatileer website is provided to you, AS IS. It is provided to you for your information and “personal” use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated outside this website, published, performed or otherwise exploited for any other purposes whatsoever, without the prior written authorization of the Versatileer website. The Versatileer website reserves all rights not expressly granted in and to the Versatileer website and it’s content, aside of standard social shares (subject to the strict use of their Terms of Service). You agree to not use the Versatileer website for “commercial” use and/or redistribution, or to resell any part of the Versatileer website. You agree not to use the Versatileer website in order to make a commission or for generate advertising revenue, without express and written consent from the Versatileer website. You agree to not sell spots to, tickets, or to grant access to the Versatileer website, as the website is available for free use to all. You agree not not use the Versatileer website in conjunction with a sale of service and/or product and making any promise of access to the Versatileer website in conjunction with any cash or barter transaction. You also agree not to alter or modify the Versatileer website. You agree as per WordPress.com policy to not use your WordPress.com credentials to try to obtain off-limit access to the Versatileer website. It is strictly prohibited and unlawful for the use of password cracking tools,the methods of cyber-security attacks and/or obtaining access to administrative credentials on the Versatileer website or generally on any website throughout the world. Agreement if you think you have been hacked or possibly spread a virus and have visited the Versatileer website to notify the Versatileer website on the Contact Form that is located on the “About” page in the “MORE” menu at the top of my page. The Versatileer website will not be liable for your losses caused by any unauthorized use of the Versatileer website by hackers or others due to unauthorized use/sharing. You agree to not use the Versatileer website to hack into or to install malware, spam, or ransomware; or to alter another website from linking to another website.

Copyrights and Trademarks:
Rights of images on the website are indicated ownership as necessary. Re-use of copy-written “©” material on the Versatileer website is strictly prohibited, except with express, written consent. Third-party content’s rights is always credited to such companies, and anything on the Versatileer website is assumed not usable on another website/blog or for use to make profit or rent-free use–unless express, written consent is obtained prior to posting. Sharing on social media is not considered “posting”. Shared content does not transfer ownership or right to use. . .rights are always retained by their owners. The policies for each social media are posted somewhere in the help pages of each outlet. See the following web-pages concerning copyright policy on their own respective pages: Facebook, Twitter, Pinterest, Instagram, YouTube/Google, Tumblr, , LinkedIn, TikTok, Parler, .GIPHY, Flickr, Why BlogLovin has no policy, GoodReads, BookBub, Online Book ClubTwitch, SoundCloud, Spotify, Steam, Reddit, Patreon, Disqus, ProductHunt, VK, SnapChat, Vimeo, AllAuthor, Mix, Triberr, Ko-Fi, DLive, TrustPilot, WattPad, Etsy, MeWe, Litsy, Quora, Flipboard, Medium, Rumble & Amazon. Copyrights are valid no matter the format, forum or arena in which copyright laws are compromised. Versatileer takes laws very seriously, and I do my best to make sure I get proper clearance to post material, photos and videos–and always giving proper credit to the authors of any type of material. Trademarks are equally respected. Any product’s trademarks and use of names, logos and icons are always respected. Any artist or author always deserves full credit, in all cases, no exceptions. The Versatileer website is not responsible for altered shares, and/or hacked social media accounts whereby the Versatileer website is used in conjunction of a hack or otherwise compromised article from any and all unauthorized activity either internet of administrative acts. and altered social shares.

IMPORTANT: Effective 05/13/2021 – Do NOT submit a “Contact Form” request claiming the Versatileer website has violated law or that a photo or image is owned by you or others. The Versatileer website exercises to most amount of care to make sure that all posts and pages are moderated and that copyright and trademark infringement does not happen on the Versatileer website. There have been several spammers and scamming going on, so the request form will NOT be responded to. Your IP address is recorded on such contact! Such abuse will be reported to the proper department.

IMPORTANT: Effective 09/26/2021 – The Versatileer website does not advocate any style of mandate towards the sharing on social media. Each individual social media company has its own terms and conditions and would be found somewhere on the website. You can use the links listed above to navigate to each social media company and search for each company’s individual terms and conditions.. The Versatileer website is not responsible for the sharing done by others, including additional comments, or any other circumstances that are above and beyond the Versatileer website’s control, and the site is not responsible for any additional terms and conditions for the fitness or direction of any individual share. The Versatileer website is not responsible for any underage shares and/or social activity directed from the Versatileer website. As previously listed, the Versatileer website does not permit children under age 13 to engage in activity, and if permitted by those parents, that the parents indemnify and assume any and all liability connected with the use and share by children under age 13. Also any teenager under 18, be it known that the parents are still fully liable for the children’s activity, and that the Versatileer website is fully released from any activity in connection with social activities, including comments on the Versatileer website, and any and all liability to be transferred directly to the parents of such children. It is always a great suggestion that parents should always know what any child under age 18 is doing at all times!

Giveaway Terms & Conditions:
Any and all giveaways/sweepstakes/contests are on the Versatileer website in no way endorsed, affiliated, or associated with Facebook, Twitter or any other Social Media Networking Site. The Versatileer website sponsored giveaway Terms and Conditions are always listed directly on each and every individual giveaway, usually directly on the giveaway widget, unless there is not a widget, in which case somewhere in an obvious place on the blog-post, there is a link to the provisions of that giveaway. There are more rules on each and every giveaway’s direct posts. the Versatileer website uses Rafflecopter to facilitate most giveaways on posts throughout the Versatileer website. All giveaways’ end dates are variable. Sponsored events in the Social Media Gurus Network all shut down at 11 p.m. CST (Midnight Easter time). Blog Hop events shut down at the earliest at 2 a.m. (Midnight Pacific time) the day after the listed end date. MamaTheFox events always start at 8 a.m. and go all the way until the next event starts–so they end at 8 a.m.; with no lapse in time where there isn’t an event going on. the Versatileer website is not responsible for tardy entries, and if there are technical difficulties surrounding the timing of any and all giveaways, the Versatileer website assumes no liability that an entry could or would not be able to be submitted. If the giveaway is over, the Versatileer website assumes no liability for your not being able to submit an entry, in any and all cases. the Versatileer website does not select the winners in any cases. You may thank the Versatileer website for selecting you in a giveaway, but by no means does the Versatileer website ever select a winner, nor does the Versatileer website favor any specific person or follower. Please do not under any circumstances, contact the Versatileer website in order to obtain any type of preference on making a claim to have a better advantage to win, or any other style of behavior to pay for a winning status, give perks for, or other preferential methods–in order to be named a winner in connection with any giveaway on the Versatileer website, it’s affiliates, sponsors or co-hosts. The winners are always selected in the fairest manner possible, which third party method is in the rules of all giveaways/contests. The winners are always picked in the most timely manner as deemed possible. Please do not contact Versatileer website to coerce a winning status be named faster than that is possible to pick a fair pick. Exclusive Versatileer website winners are always listed on the  In the case of a “co-host” giveaway, the Versatileer website does it’s best to list as many rules on the posts as possible. All the sponsors, hosts and co-hosts of all listed giveaways do their best to list properly the terms, rules and conditions on all giveaways, and are awesome to be able to make the offer of promotion in the form of a giveaway. The Versatileer website is not responsible for the rules in posting rules and conditions and assumes no liability of such, and is also not responsible for the fulfillment of a prize, and/or cannot and will not provide information to the status of such. You agree to not use robots, spiders, or online encoders that accesses the Versatileer website in a manner that sends more entries into servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, in order to increase the amount of chances to win in an astronomic method.
Retro-effective: 04/18/2024 – As of today, there has never been a recipient of over $600.00 in one calendar year as of date at the Versatileer website. There have been several requests as to a limit on winning here. There is no limit as to how many times a winner can win at the Versatileer website. There is the requirement that if a winner does win over $600.00 ARV (including physical prizes plus cash value) in one calendar year, that the winner sign either a IRS Form W-9, Request for Taxpayer – Identification Number and Certification for persons within the United States; and an IRS Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual. These actions are not required until after a person goes past the $600.00 per year reporting requirement. This is required to be done by Federal law. When these forms are forwarded in conjunction of a winning, a winner is required to return them with the claim to win a giveaway. This means a winner has exceeded the requirement. Failure to return the forms properly will disqualify winning. Therefore a refusal to return the form will invoke picking a new winner. A United States winner will be forwarded a IRS FOrm 1099-MISC before January 31st of the next year after a winner has netted over $600.00 in winnings, and will be reported appropriately and timely to the IRS. The Versatileer website complies to the full extent of the law.
IMPORTANT: Effective 04/04/2022 – The Versatileer website does not condone the use of another person’s social media account(s). Such use of another person’s or entity’s accounts could constitute fraudulent use. The rule of thumb for the Versatileer website in conducting the caught use of “identity theft” of any account in connection with winning a giveaway in the terms of a winner announcement will be as follows:
  • I will contact the owner of the hacked social media account to report the said use of the account, and award the prize immediately to the owner of the social media account used in the winning entry, not the fake email.
  • The owner of the email that does not match that of the social media account immediately forfeits claim to the prize.
  • The rules still apply of 48 hours to claim the prize(s).

Gambling Disclaimer:

Effective 05/28/2021 – The Versatileer website is offering listings on its website for the opportunity to participate on legitimate websites, at your own personal discretion. Offers are not endorsed, and the Versatileer website does not suggest to participate on any lifestyle or fashion of living styles. Please realize that by such participation that your status realized is of “player” status, and that risk is always involved, being of player status. Local laws and ordinances are in effect, and it is suggested that you pay particular attention to each and every single websites own rules plus terms and conditions. Entry carries risk and is permitted by your own local law. The Versatileer website assumes no liability for illegal entry by minors and does not suggest that anyone not of majority to participate and connect to any website that offers such services. In most areas and jurisdictions, and also single website administrators’ terms & conditions, the age of majority is usually 21 years of age. The Versatileer website also assumes no liability of your risks in choice to participate in an offer on any third party website. The Versatileer website assumes no liability concerning your own personal risk and the outcome of any possibility of loss and/or gain, and does not endorse or suggest participation in any activity involved with the entry into such websites. The Versatileer website only lists the offer based on making it available to the public at large, and in no way makes suggestion to anyone to participate in any type of activity–in any way, shape of form. Most countries offer assistance for the disease of gambling addiction. In the U.S.: The National Council on Problem Gambling Helpline offers a confidential, 24-hour helpline for problem gamblers or their family members at 1-800-522-4700. Please note that any use of a gambling site, that online gambling is an entertainment vehicle, and that because it is it carries with it a certain degree of financial risk. Players should be aware of this risk, and govern themselves accordingly. All users of any gambling site should exercise responsibility when playing in an online casino; most gambling websites undertake to inform all those interested in online gaming about the dangers of excess that could potentially result from such an activity. There is nothing contained herein that constitutes any type of guarantee of winning by participation on such a website, nor is there an intention to induce anyone into violating any local, state or national laws. Recognizing that the laws and regulations involving online gaming are different everywhere, readers are advised to check with the laws that exist within their own jurisdiction to ascertain the legality of the activities which are covered. Any and all claims as to the status of the Versatileer website being involved with the intention to entice persons, or endorse a gambling site will be referred to the proper agency and/or authorities, because of the status of the Versatileer website making it known that the Versatileer website does not endorse gambling offers–but only makes an offer available to those who make a choice to become involved in any activity on such a website that offers online casinos and/or gambling offers.

Class Action Lawsuit Listings:

Effective 07/16/2022 – The Versatileer website lists information pertaining to Class Action lawsuits. We do not recommend, endorse, or substantiate that you should, or could enter your information into becoming a Class member in any lawsuit. Your complete discretion to participate in a class action lawsuit is completely of your decision, and the Versatileer website leaves it completely up to you to use the public information to your own use, and assumes no liability in your use of the information provided on the Versatileer website.  Please note, if you do not qualify for a settlement in the suit that is listed, do NOT file a claim–as entry whereby you are not qualified to become a Class member and entering improper information that is not true, can be considered perjury in the eyes of the law. The information can be listed in giveaways, provided for you to “see” the information only. No strings are ever attached in the taking an entry in a giveaway, and no information submission box will be on the entry form. The entry can always be taken by merely visiting the Class Action page on the Versatileer website, and entry does not constitute becoming a Class Action member–in any case. The entry is a “free” entry with no action required except visiting the page.

Search Engines and SEO:
The Versatileer website grants the operators of certified public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not the caches, comments or archives of such materials. The Versatileer website reserves the right to revoke these exceptions either generally or in specific cases, at it’s sole discretion. The specific search engines agree not to collect or harvest any personally identifiable information from the website, nor to use any communication systems, forms, or names/accounts/emails provided from the website, especially comments for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to the followers. The copying of such by the respective search engine, MUST have a copy of the “Terms and Conditions” AND the “Privacy Policy” copied with the rest of the search engine’s copy in order for it to be legitimate. Failure to have those two pages constitutes an illegitimate copy of the Versatileer website. An illegitimate copy of the Versatileer website constitutes grounds for legal action.

Administration:
The administration of the Versatileer website reserves the right to assert and/or terminate any activity or to discontinue any aspect of the Versatileer website at any time.with or without notice, within governing laws, at the Versatileer website’s sole discretion. When safety is concerned, the activity as described will be expedited. You agree to that any use of the Versatileer website or its related services is used within the bounds of all local, national, and international laws and regulations., and the resources in general with the general effect of competing with or displacing the market. Persons who do not follow the above rules can and will be banned from using the Versatileer website. Any follower who sees another follower who downright is not following the rules hereby, can report such to the Versatileer website on the Contact Form that is located on the “About” page in the “MORE” menu at the top of my page.

Strong Parental Guidance Suggested (PG-13):

IMPORTANT: Effective 06/18/2023 – The Versatileer website has changed it’s original rating from PG (parental guidance) to PG-13 (strong parental guidance), due to change in demand and popularity. Why? To bring material that is artistic in value to all audiences, without censorship. So that being said, the definition of PG-13 states: “Content may go beyond the PG rating in theme, violence, soft nudity and/or sensuality, language, adult activities or other elements, but does not reach the restricted R category. . .Some material may be inappropriate for children under 13. Parents are urged to be cautious. . .material may contain brief and implied sexual references or humor can be allowed if they aren’t too graphic or crude.” So as with dates preceding 6/19/23, the Versatileer website allowed minors 13+ on the website without parental authorization. As of this date going forward, we do not allow minors 13+ on the Versatileer website, without parental knowledge and consent. Allowing minors on with parental consent extends implied and express consent–and therefore all warranties whatsoever are expressed nullified that all material disclosed to minors are with parental consent completely and without prejudice. The Versatileer website does not advocate persons under age 18 use the Versatileer website even with parental consent. The material on the Versatileer website is extended to adult purposes and we have material on the Versatileer website for use to parents of children, but not the children themselves. Minors under 13 years of age are strictly prohibited from using the Versatileer website, as well as 13+ without parental consent. Versatileer thanks you for your interest, but you must be of age within these guidelines in order to use the Versatileer website.

PG-13
PARENTS STRONGLY CAUTIONED
Violence, soft nudity, sensuality, language, adult themes or other elements
Some material may be deemed inappropriate for viewing by minors

Warranties:
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE TRANSITION SERVICES TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING WARRANTIES WITH RESPECT TO MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY SOFTWARE OR HARDWARE PROVIDED HEREUNDER, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

Disclaimer:
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability:
Except as expressly set forth herein, NEITHER PARTY MAKES ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND, AND EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. IN NO EVENT WILL COMPANY’S LIABILITY FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THIS AGREEMENT, OR ANY SERVICES OR DELIVERABLES PROVIDED UNDER THIS AGREEMENT OR OTHERWISE, WHETHER ARISING UNDER THEORIES OF CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID BY AVEDRO TO COMPANY UNDER THIS AGREEMENT; PROVIDED, HOWEVER THAT SUCH LIMIT SHALL NOT APPLY TO LIABILITY ARISING FROM A BREACH OF SECTION 4 OR AVEDRO’s CLAIM FOR INDEMNIFICATION FROM COMPANY PURSUANT TO SECTION 6(b). EXCEPT FOR LIABILITY FOR BREACH OF SECTION 4, UNDER NO CIRCUMSTANCES WHATSOEVER WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSSES RESULTING FROM BUSINESS INTERRUPTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
Indemnification:
You agree to defend, indemnify and hold harmless the Versatileer website, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Versatileer website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Versatileer website.

Ability to Accept the Terms of Service:
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Ability to Accept the Terms of Service:
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Versatileer website without restriction.

General:
You agree that: the Versatileer website Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Versatileer website, either specific or general. These Terms of Service, together with the Privacy Notice at https://versatileer.com/privacy-policy/ and any other legal notices published by the Versatileer website, shall constitute the entire agreement between you and the Versatileer website concerning the Versatileer website Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Versatileer website’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Versatileer website reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Versatileer website Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND THE Versatileer WEBSITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Versatileer WEBSITE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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