TERMS & CONDITIONS

DISCLAIMER OF LIABILITIES

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, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Vamaks, LLC (“Website Owner” or “Vamaks”) is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Website Owner reserves the right to remove such materials from the Website of Vamaks without liability.

Furthermore, the views and opinions expressed in the media or comments on this website by any users, or authors do not necessarily reflect or represent the views and opinions held by Vamaks.

Vamaks.com is an online platform that provides services for a fee or for free. Vamaks.com encompasses e-commerce, surveys, member’s portal, questionnaires and forum Site activities.

Due to the social nature of the website and media, videos, or music posted to the website may contain content that is copyrighted by another entity or person. This website’s owner claims no copyright to said content. The owner of this website cannot be held liable or responsible for the copyrighted content.

Vamaks members shall not disclose ideas shared, whether purposely or inadvertently, by other members in the platform unless agreed by the idea’s owner.

Vamaks.com advises that all users utilize a Nondisclosure Agreement (NDA) when discussing or sharing business ideas with others. Vamaks is excluded from any relationship or business partnership formed between members/users. Vamaks NDA and privacy notices are included herein.

 

Privacy

Your use of the Vamaks.com website (the “Site”) is subject to Vamaks’ Privacy Statement. Please review our Privacy Statement, which governs the Site and informs users of our data collection practices.

 

 

TERMS OF USE

 

Read Before Accessing Website.
Effective Date: This Terms of Use (the Agreement) was last updated on December 28, 2016.

The Site is comprised of various web pages operated by Vamaks, LLC. Vamaks.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Vamaks.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

This Terms of Use and Sales Agreement set forth the standards of use of the Site, which is owned by Vamaks.  By using the Site, you agree to these terms and conditions. Your use and continued use of the Site is strictly governed by the terms of these terms of use.

If you do not agree to the terms and conditions of these terms of use, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of these terms of use without prior notice. Modifications shall become effective immediately upon being posted. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, these terms of use may not be amended.

Visiting Vamaks.com or sending emails to Vamaks constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

  1. Definitions

user is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms you and your refer to you, as a user of the Site. The terms weus, and our refer to Vamaks.

  • Contentmeans text, images, photos, audio, video, and all other forms of data or communication.
  • Your Contentmeans Content that you submit or transmit to or through the Site, such as any information or media that you display as part of your right to access this Site. 
  • User Contentmeans Content that users submit or transmit to or through the Site.
  • Vamaks Content means Content that we create and make available on the Site.
  • Third Party Contentmeans Content that is made available on the Site by parties other than Vamaks or its users, such as data providers who license data to Vamaks for use on the Site.
  • SiteContent means all the Content that is made available on the Site, including Your ContentUser Content, Third Party Content, and Vamaks Content.
  1. Changes to the Terms of Use.

We may modify the Terms of Use from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Use. Your continued use of the Site after any posted modification to the Terms of Use indicates your acceptance of the modification.

  1. User Accounts.

To use some of the features on the Site, you are required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Vamaks is not responsible for third party access to your account that results from theft or misappropriation of your account. Vamaks and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Vamaks does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of majority, you may use Vamaks.com only with permission of a parent or guardian.

There are two types of accounts:

  1. Personal Account is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple Personal Accounts.
  2. “Business Account” is an account to be used solely for the purpose of representing your business on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent, including a photo of yourself to be displayed in connection with your Business Account. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.

 

  1. International Users

The Service is controlled, operated and administered by Vamaks from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vamaks Content accessed through Vamaks.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

  1. Eligibility and Account Types.

All users must complete the registration process.

 

Type 1 User (paid membership) – Idea/Business Owners:

  • The User will be granted access to the Members Portal;
  • ability to perform sanity check – complete questionnaire to check the robustness of the idea or the business;
  • Access to forum – participate in discussions and reply to set posts
  • Access to available Private Accelerator/Incubator and Mentors.

Type 2 User (paid or free access) – Private Accelerators/Incubators:

  • User credentials have been evaluated and accepted; and
  • Access to the Members Portal
  • Access to forum – participate in discussions and reply to set posts.
  • May present podcasts

Type 3 User (free membership):

Free Business Mentor:

  • User credentials have been evaluated and accepted; and
  • Access to the Members Portal
  • Access to forum – participate in discussions and reply to set posts.
  • May present podcasts

Business Solution Seekers

  • Have restricted access to the forum

All others are prohibited from using the Site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Use (which authority you hereby exercise).

  1. Use of the Site.

We grant you permission to use the Site subject to the restrictions in these Terms of Use. In using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Vamaks does not endorse such Content, and cannot vouch for its accuracy.

 

  1. Restrictions on Use.

You agree that you will not, and will not assist or enable others to:

  1. Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;
  2. Use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
  3. Use the Site for promotional or commercial purposes, except as expressly allowed in writing by Vamaks;
  4. Use the Site in a manner that may create a conflict of interest, such as trading reviews with other users or writing or soliciting shill reviews;
  5. Use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
  6. Use the Site to promote bigotry or discrimination against protected classes;
  7. Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;
  8. Use the Site to submit or transmit illegal content such as pornography;
  9. Use the Site to solicit personal information from minors;
  10. Use the Site or to harm or threaten to cause harm to any person or organization;
  11. Use the Site in violation of the Terms of Use or any applicable law;
  12. Modify, adapt, appropriate, reproduce, distribute, translate, or create derivative works or publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Vamaks;
  13. Reverse engineer any portion of the Site:
  14. Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site
  15. Record, process, or mine information about other users;
  16. Use site search/retrieval application, process or means to access, retrieve, scrape, or index the Site or any Site Content;
  17. Access, retrieve or index the Site to for purposes of constructing or populating a searchable database of business reviews;
  18. Reformat or frame any portion of the Site;
  19. Take any action that imposes, or may impose an unreasonable or disproportionately large load on the technology infrastructure on the Site;
  20. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
  21. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, Viruses); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use of Site Content, or features that enforce limitations on the use of the Site.
  1. Permission to Use Your Content.

We may use Your Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, promoting it, distributing it, and allowing others to do the same in connection with their own websites. As such, you irrevocably grant us permission to use Your Content for any such purpose. You also irrevocably grant the Site the right to access Your Content in connection with their use of the Site and any website. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of intellectual or creative rights or attribution with respect to Your Content.

  1. Responsibility for Your Content.

You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Vamaks.

You understand and acknowledge that you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

 

  1. Use of Content.

We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove Your Content if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

Vamaks and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and other websites. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

11. Declaration of Website Owner of Copyrights, Trademarks and Patents

The content included on this website, such as text, graphics, logos, icons, images, audio clips and software, is the exclusive property of Vamaks and protected by U.S. and international copyright laws. Any software used on this site is the property of Vamaks or its software suppliers and protected by U.S. and international copyright laws. The content and software on the Site may be used as a learning resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site is strictly prohibited.

Vamaks is a registered trademark of Vamaks in the United States. Vamaks trademarks may not be used in connection with any product or service that does not belong to Vamaks, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vamaks.

 

  1. Notice and Procedure for Making Claims of Copyright

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Vamaks the written information specified below. Please note that this procedure is exclusively for notifying Vamaks and its affiliates that you believe your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

  1. Notification of Claimed Copyright Infringement:

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Vamaks designates the following individual as its agent for receipt of notifications of claimed trademark and/or copyright infringement.

Vamaks, LLC. / The Law Office of Denise S. Young, PLLC.

Address: 5100 Westheimer Rd., Suite 200

Houston, Texas 77056

 

  1. Site Availability.

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

 

  1. Unauthorized Access.

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

16. Investigations.

We are under no obligation to monitor the Site or Site Content. However, we reserve the right to investigate possible violations of the Terms of Use, block users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including Your Content, in accordance with the privacy policy posted here.

17. Feedback.

Dissatisfaction. If you are dissatisfied with the Site, please provide feedback through our CONTACT US page. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Use, (iii) any policy or practice of Vamaks in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Use and your account.

Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (Feedback), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback. You can send suggestions for improvements to constructive.comments@vamaks.com.

18. Termination.

We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Use or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the SiteYour ContentSite Content, or any other related information.

You may terminate the Terms of Use at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing Vamaks with a notice of termination at info@vamaks.com. If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display Your Content where it implicates other users (e.g., compliments that you have sent to other users and comments that you have posted to the Site).

19. Ownership.

Vamaks owns the Site, including but not limited to visual and interactive features, graphics, design, compilations, computer codes, products, software, and all other elements and components of the Site excluding User Content and Third Party Content.

 

  1. Warranties, Disclaimers, and Limitations of Liability.

THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN AS IS BASIS. Vamaks MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. Vamaks FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM Vamaks OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

Vamaks DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF Vamaks OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.

Vamaks FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.

Vamaks ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH Vamaks RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO Vamaks IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) $100.00.

21. Indemnity. 

You agree to indemnify and hold Vamaks, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Use, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Vamaks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Vamaks. Vamaks will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

  1. Third Parties.

The Site may include links to other websites (Third Party Site). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.

 

  1. No Waiver

The failure of either party to abide by these terms of use or to insist upon the performance of any of the terms and conditions of these terms of use, or the waiver of any breach of any of the terms and conditions of these terms of use, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

 

  1. Governing Law

These terms of use shall be governed by, construed, and enforced in accordance with the laws of the State of Texas.

 

  1. Notices

Any notice provided for or concerning These terms of use shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of these terms of use.

 

  1. Entire Agreement

These terms of use shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of these terms of use shall not be binding upon either party except to the extent incorporated in these terms of use.

 

  1. Modification of Agreement

Any modification of these terms of use or additional obligation assumed by either party in connection with these terms of use shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

 

 

  1. Assignment of Rights

The rights of each party under these terms of use are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

 

  1. Vamaks Membership Refund/Cancellation Policy

Vamaks reserves the right to refuse/cancel a membership in the Vamaks.com website.

If Vamaks refuses a new membership, registrants will be offered a refund if the payment was previously processed.

If Vamaks refuses an existing membership, registrants will be offered a refund prorated to the duration of their membership less $20 service fee.

 Membership Cancellation by Participant

Membership cancellations received within 7 days of registration may be eligible to receive a full refund less $20 service fee.

Cancellations received after the stated deadline will not be eligible for a refund.

Cancellations will be accepted via e-mail sent to info@vamaks.com with the subject “Cancellation Request”, and must be received by the stated cancellation deadline.

All benefits and incentives received by participant must be cancelled/returned to Vamaks.

All refund requests must be made by the member or the bank account holder.

Refund requests must include the name of the member and/or the transaction number.

Refunds will be credited back to the original account (example: credit card used) for payment.

These above policies apply to all Vamaks memberships granted through a payment process.