Terms & Conditions
Vestia Contract Negotiation Terms and Conditions (“Agreement”)
Limitation of Liability. By viewing, using, or interacting in any manner with this Site, including banners, advertising, or pop-ups, downloads, and as a condition of the Site to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using our Site or service. Vestia shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Vestia has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Site; (b) unauthorized access to or alteration of your transmissions or data; (c) statements or conduct of any third party on the Site; or (d) or any other matter relating to the Site.
The Site is made available to you on an “as is” basis, without any warranties of any kind, and without any representations or guarantees.
Vestia and its affiliates hereby disclaim all warranties, representations and endorsements, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Indemnification. Visitor agrees that in the event he causes damage to us or a third party as a result of or relating to the use of the Site, Visitor will indemnify us for, and, if applicable, defend us against, any claims for damages.
You agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, the Site any information, content or other material which (a) violates, infringes or misappropriates any intellectual property right, any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files. Notice. No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly acknowledges and agrees that the right to notice is waived as a condition for permission to view or interact with the Site.
Arbitration shall be conducted pursuant to the rules (the “Rules”) of the American Arbitration Association (the “AAA”) which are in effect on the date a dispute is submitted to the AAA. Information about the AAA, the Rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county where the office of Vestia is located.
In no case shall the Visitor have the right to go to court or have a jury trial. Visitor will not have the right to engage in pre-trial discovery except as provided in the Rules and will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim subject to arbitration. The arbitrator’s decision will be final and binding. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including, without limitation, attorney fees, collection fees, investigation fees, travel expenses.
Jurisdiction and venue. If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be the state and city stated in the contact information of Site unless otherwise herein specified. In the event of any litigation is in a federal court, the proper court shall be the closest federal court applicable to Vestia’ address.