Terms Of Use Agreement (Open Source Material)

Vested Outsourcing

IMPORTANT – READ CAREFULLY
THIS LICENSE COVERS USE OF “OPEN SOURCE MATERIAL.” “OPEN SOURCE MATERIAL” INCLUDES THE VESTED ORIENTATION COURSE AND ASSOCIATED POWERPOINT SLIDES, ITEMS IN THE OPEN SOURCE “TOOLKIT,” AND THE ABILITY TO REDISTRIBUTE ANY OF OUR WHITE PAPERS AND CASE STUDIES CONTAINED IN OUR VESTED LIBRARY AS WELL AS THE ABILITY TO REDISTRIBUTE THE VESTED WAY eBook.   

THE INTENT OF ALLOWING YOU TO USE THE VESTED OPEN SOURCE MATERIAL IS TO HELP INDIVIDUALS AND ORGANIZATIONS SHARE THE VESTED® METHODOLOGY AND PRINCIPLES. WE ENCOURAGE YOU TO SHARE SOME OR ALL OF THE VESTED OPEN SOURCE MATERIAL PENDING COMPLIANCE WITH THESE TERMS OF USE OUTLINED BELOW (“TERMS”).

THIS LICENSE CREATES A BINDING LEGAL CONTRACT BETWEEN YOU ON BEHALF OF YOURSELF AND ANY LEGAL ENTITY YOU REPRESENT (“YOU”) AND VESTED OUTSOURCING, INC. (“VESTED OUTSOURCING”). BY USING THE VESTED OPEN SOURCE MATERIAL, YOU IMPLICITLY REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – ANY PORTION OF THE OPEN SOURCE MATERIAL.   

1. GRANT OF LICENSE.
Subject to compliance with these Terms, you are hereby granted a worldwide, limited, non-exclusive and non-transferable license to use the Open Source Material to share the Vested Outsourcing methodology and principles without payment of any license fees, in accordance with the following guidelines:

  • You must not alter any Open Source Material in terms of the template, background, colors, or the Vested Outsourcing images used;
  • If you use Open Source Material in your own document, you must provide the following attribution: “Source: Used with permission. Vested®. www.vestedway.com. Vested Outsourcing, Inc.”
  • The word “Vested” must always be written with an uppercase “V.”
  • The word “Vested” is to be used throughout any presentation, except where you are referring to the outsourcing industry, in which case the words “Vested Outsourcing” must be used.
  • “Vested Outsourcing” must not be abbreviated as “VO.”

2. ADDITIONAL RESTRICTIONS ON USE.
Unless otherwise permitted, you will not, and will not authorize or cause any other party to, do any of the following:

  • Commercially sell, broadcast, rent, share, or profit from the use of this Open Source Material unless Vested Outsourcing give you explicit prior written permission to do so; commercially profiting from the use of Open Source Material is strictly forbidden unless specifically granted by Vested Outsourcing, Inc;
  • Modify or edit Open Source Material to pass on as your own works without giving proper reference as noted above;
  • Manipulate or interfere with Open Source Material or the Vested website (“Website”);
  • Upload or otherwise transmit to or through the Website any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that can cause harm or delay to Vested Outsourcing or its clients or Website users;
  • Use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Vested Outsourcing or obtained from the Website or Vested Outsourcing, except as expressly granted under applicable written license;
  • Display the name, logo, trademark, or other means of attribution or identification of Vested Outsourcing in such a manner as is reasonably likely to give a user the impression that you have the right to display, publish or distribute Open Source Material;
  • Create a false identity or impersonate another person or entity in any way;
  • Restrict, discourage, or inhibit any person from using the Open Source Material, disclose personal information about a third person on or through the Website or obtained from the Website without the consent of such person, or collect information about other clients of Vested Outsourcing;
  • Gain unauthorized access to the Website, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Website;
  • Frame, embed and/or pass off any portion of the Website in such a manner as to present such material as originating from a source other than Vested Outsourcing;
  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may be or is intended to damage, hijack or impair the operation of any hardware, software or telecommunications equipment, or any other aspect of the Website or communications equipment and computers connected to the Website;
  • Use any scraper, spider, robot or other automated means of any kind to access the Website, deep-link to any feature or content in the Vested Content, or bypass any measures used to prevent or restrict access to the Open Source Material or the Website;
  • Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any part of the Website or Open Source Material, or features that enforce limitations on the use of the Website or Open Source Material;
  • Copy, cache or reformat any Open Source Material for commercial purposes in any manner whatsoever not expressly permitted by Vested Outsourcing;
  • Violate any applicable federal, state or local laws or regulations or these Terms; or
  • Assist or permit any persons in engaging in any of the activities described above.

There are no implied licenses granted in these Terms. You acknowledge that as between Vested Outsourcing and you, Vested Outsourcing holds all right, title and interest in and to the Open Source Material (including, without limitation, all patents, copyrights and trade secrets pertaining thereto) and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by accessing or using the Open Source Material. These rights granted to you are revocable by Vested Outsourcing in accordance with these Terms.

3. EVOLVING NATURE OF OPEN SOURCE MATERIAL. 

The Open Source Material is subject to change at any time. Vested Outsourcing is continually looking to improve the Open Source Material, but if you are at any time dissatisfied with the Open Source Material, your sole remedy is to discontinue use of the Vested Content.

4. ELECTRONIC NOTICE.
By using the Open Source Material or communicating with Vested Outsourcing, you agree that Vested Outsourcing may communicate with you via an email address you provide during registration regarding security, privacy, and administrative issues relating to your use of the Open Source Material. If Vested Outsourcing learns of a security system’s breach, Vested Outsourcing may attempt to notify you by such email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to Vested Outsourcing at: 227 Bellevue Way NE #193, Bellevue, WA 98004.

5. CONNECTIVITY COSTS AND EQUIPMENT.
You are solely responsible for all service, telephony, printing, travel, and/or other fees and costs associated with your access to and use of the Website, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider and for obtaining and maintaining all telephone, computer hardware, printers, and other equipment required for such access and use.

6. LIMITATION ON LIABILITY.
Vested Outsourcing and all of its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, loss of data, pain and suffering, emotional distress, or similar damages, even if Vested Outsourcing has been advised of the possibility of such damages. In no event will the collective liability of Vested Outsourcing and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed $50.

7. GEOGRAPHICAL DISCLAIMER.
The Open Source Material is controlled and operated by Vested Outsourcing, a California corporation in the State of Washington, United States of America. Vested Outsourcing makes no representation that the Open Source Material is appropriate or available for use in other locations. Those who choose to access or use the Open Source Material from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to or use of the Open Source Material from jurisdictions where the Open Source Material is illegal, unauthorized, inapplicable, or penalized is strictly prohibited.

8. CONDUCT.
You may only use the Open Source Material for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Open Source Material. You agree not to use the Open Source Material to recruit, solicit, or contact any third parties for employment or contracting for a business not affiliated with Vested Outsourcing without our explicit prior written permission, which may be withheld in our sole discretion.

9. DISCLAIMER.
Vested Outsourcing makes no warranty that the quality of Open Source Material will meet your expectations. Vested Outsourcing does not warrant that the Open Source Material will be error-free, that defects will be corrected, or that the Open Source Material is free of viruses or other harmful components. Vested Outsourcing does not warrant or make any representation regarding use, or the result of use, of the Open Source Material in terms of accuracy, reliability, or otherwise. The Open Source Material may include technical inaccuracies or typographical errors, and Vested Outsourcing may make changes or improvements at any time. The Open Source Material is provided “as is” and without warranties of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
You should use the Open Source Material in the same manner as any other educational medium and should not rely on the Open Source Material to the exclusion of your own professional judgment. Vested Outsourcing disclaims any liability for damages, losses, or injuries arising out of actions or inactions taken by you based on statements or claims made in the Open Source Material, in advertisements or marketing materials, or by Vested Outsourcing’s representatives. You, and not Vested Outsourcing, assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage arising from the use of the Open Source Material. You, and not Vested Outsourcing, assume all risk arising from the use of the Open Source Material, including but not limited to financial, intellectual, physical, or emotional risk.

10. MISCELLANEOUS.
These Terms, the construction and enforcement of its provisions, and the interpretation of the rights and duties of the parties shall be governed by the substantive laws of the State of New York without regard to conflict of laws principles. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Vested Outsourcing arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state or federal courts in New York County.

If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between the parties relating to the subject matter contained herein. There are no third party beneficiaries to these Terms.