Voltage Hosting, is providing this website (“Website”), and the materials on the Website, for informational purposes only. Please read these Terms of Use (“Terms of Use”) carefully.
COMPLIANCE WITH TERMS OF USE
You represent that you have the capacity to be bound by the Terms of Use, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with the Terms of Use, Voltage Hosting may monitor your access and use of the Website in accordance with the Privacy Policy.
DISCLAIMERS
The Website and all information and materials within the Website are provided solely for informational purposes. All information contained in the Website is subject to change without notice and Voltage Hosting is not responsible for providing updated information with respect to any matter addressed within the Website. The Content (as defined below) is intended only to assist you and is broad in scope and does not consider your personal situation.
TRANSMISSIONS, SUBMISSIONS, POSTINGS
If you transmit, submit or post information to the Website that is not trademarked and/or copyrighted, you automatically grant Voltage Hosting and its affiliates the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
Provided that you have obtained prior written permission from Voltage Hosting to transmit, submit or post information to the Website that is trademarked and/or copyrighted, you automatically grant Voltage Hosting and its affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to the Website:
- Information that infringes Voltage Hosting’s or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Voltage Hosting or third parties or that infringes on Voltage Hosting’s or any third party's rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancel-bots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without written permission from Voltage Hosting; or
Although Voltage Hosting does not regularly review your transmissions, submissions or postings, Voltage Hosting reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings.
INTELLECTUAL PROPERTY RIGHTS
The graphics, logos, page headers, button icons, scripts, trade names and service names appearing on the Website are trademarks or trade dress of Voltage Hosting or its affiliates, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Voltage Hosting, which permission may be withheld in Voltage Hosting’s sole discretion. Voltage Hosting makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Website. Any third-party names, trademarks, and service marks are property of their respective owners.
You shall be solely responsible for any damage resulting from your infringement of Voltage Hosting’s or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by Voltage Hosting or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of the Terms of Use.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website or for any other purpose, without Voltage Hosting’s express written permission which may be withheld in Voltage Hosting’s sole discretion.
LINKS
On the Website there may be links to other websites belonging to Voltage Hosting’s advertisers, business partners, affiliates or other third parties. Such links do not constitute an endorsement by Voltage Hosting of those websites, nor the content, products or services of or offered on those websites. Voltage Hosting is not responsible for the activities or policies of those websites. Voltage Hosting does not endorse or recommend the contents, services or products of any particular advertiser, business partner, affiliate or other third party. The Website does not guarantee that terms or rates offered by any particular advertiser, business partner, affiliate or other third party on the Website are the best terms or lowest rates available in the market.
NO REPRESENTATIONS OF WARRANTIES FROM VOLTAGE HOSTING
Voltage Hosting does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, reliability, availability, suitability, correctness, or completeness of the Content or the services and products associated with the Website, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity, fitness for a particular purpose or non-infringement of the Content or the services and products associated with the Website. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with the Website. Voltage Hosting makes no representation, warranty or guarantee that the Content that may be available for downloading from the Website is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, time bombs, cancel-bots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
INDEMNIFICATION
You shall defend, indemnify and hold harmless Voltage Hosting and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to (i) any breach or violation of the Terms of Use by you, (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Voltage Hosting, (iii) your access or use of the Website, and/or (iv) access or use of the Website under any password that may be issued to you.
LIABILITY LIMITATIONS
Voltage Hosting shall in no event be responsible, or liable, to you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of (i) your breach or violation of the terms and conditions of the Terms of Use, (ii) your access and use of the Website, (iii) your DELAY IN ACCESSING OR inability to access or use the Website for any reason, (iv) your downloading of any of the Content or the Collective Work for your use, (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH the Website , OR OTHERWISE ARISING OUT OF THE USE OF the Website , WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Voltage Hosting AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
GOVERNING LAW, ARBITRATION
The Website is controlled by Voltage Hosting from its offices within the United States of America. Voltage Hosting makes no representation that the Content on the Website is appropriate or available for use in other locations. Access to the Content from territories where it is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
The Terms of Use is to be governed by and construed in accordance with the internal laws of the State of Nevada, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to the Terms of Use, except for an injunctive action regarding a breach or threatened breach of any provision of the Terms of Use by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By using the Website you consent to these restrictions.
You and Voltage Hosting shall select the arbitrator, and if you and Voltage Hosting are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Voltage Hosting, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Douglas County, Nevada.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Voltage Hosting and your and Voltage Hosting’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.
Notwithstanding the previous sentence, in no event shall either you or Voltage Hosting be entitled to punitive damages and both you and Voltage Hosting hereby waive your and Voltage Hosting’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
CHANGES TO THIS POLICY
Voltage Hosting reserves the right, at its sole discretion, to update, amend and/or change the Terms of Use without prior notice and at any time. Updates to the Terms of Use will be posted here. You are encouraged to revisit the Terms of Use from time to time in order to review any changes that have been made. Your continued access and use of Voltage Hosting.com following the posting of any such changes shall automatically be deemed your acceptance of such changes.
ADDITIONAL TERMS
If any portion of the Terms of Use is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms of Use that is unlawful, void or unenforceable shall be stricken from the Terms of Use.
The headings contained in the Terms of Use are for convenience of reference only, are not to be considered a part of the Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms of Use.
All covenants, agreements, representations and warranties made in the Terms of Use, as may be amended by Voltage Hosting from time to time, shall survive your acceptance of the Terms of Use and the termination of the Terms of Use.
The Terms of Use and the Privacy Policy represent the entire understanding and agreement between you and Voltage Hosting regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
CONTACT INFORMATION
If you have questions, comments, concerns or feedback regarding this site’s Terms of Use policy, please contact us via any of the methods set forth below:
Email: privacy@voltagehosting.net
Phone: 1-347-710-1822
Voltage Hosting, LLC.
195 Hwy 50, Ste 104 #191
Stateline, NV 89449-7172
