Terms of Use

THIS DOCUMENT SETS FORTH THE TERMS OF USE FOR THE (“VALUESTREAM”) WEBSITE WWW.VALUESTREAM.COM (“SITE”). PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS OF USE”) CAREFULLY. BY USING THE SITE, YOU, THE USER (“YOU”) INDICATE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE IN ANY MANNER. THESE TERMS OF USE DO NOT GOVERN WEBSITE USE PRACTICES ASSOCIATED WITH ACTIVITIES OUTSIDE OF THE SITE.

1. Site Ownership. The Site, including all text, logos or graphic images appearing therein, is protected by copyright, trademark, patent, trade secret, and other laws. The Site is the property of Valuestream, LLC. and/or third party licensors and all right, title and interest in the Site shall remain with Valuestream, LLC. and/or such third party licensors. Nothing in these Terms of Use transfers any rights to you or any third party except as expressly set forth herein. The information on the Site is provided to help you learn about and use Valuestream, LLC.’s services only and may not be used for any other purposes.

2. Hyperlinks are Not Endorsements. A link from the Site to a non-Valuestream.com website does not mean that Valuestream.com endorses or accepts any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature.

3. Description of Site. “Site” encompasses the Valuestream.com website and all of its content and policies, any modifications, updates, enhancements, revisions, new features, and/or the addition of any new web properties. Valuestream.com reserves the right to make any Site changes at any time and without prior notice.

4. Site Use Restrictions. You must be at least eighteen (18) years old to use the Site. The Site is for your personal use only. You will not (i) post on or transmit to the Site any false, defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law; (ii) modify, copy, distribute, transmit, display, perform, mirror, reproduce, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Site; or (iii) use the Site in any manner that violates any applicable laws, regulations, orders, or other restrictions.

5. Terms of Use Changes. Valuestream.com reserves the right to change these Terms of Use at any time at its sole discretion and without notice to you. All Terms of Use changes are effective immediately. Your continued use of the Site following any Terms of Use changes will mean you accept those changes.

6. Termination. Valuestream.com reserves the right to terminate at any time, at its sole discretion, the Site, your use of the Site, and/or your use of Valuestream, LLC.’s services.

7. Information. In the course of using the Site, you may be required to enter certain information, including without limitation personal information (collectively, “Information”). You agree to provide Valuestream.com with correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site.

8. Materials are the Property of Valuestream.com. To the extent permitted by applicable law, any materials sent to Valuestream.com (“Materials”), including but not limited to questions, comments, submissions, suggestions, ideas, postings, comments or the like, shall become the property of Valuestream.com upon receipt. Valuestream.com shall have no obligation of any kind with respect to such Materials and shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, copyright, create derivative works, distribute the Materials to others and otherwise exploit the Materials without limitation. Further, Valuestream.com shall be free to use any ideas, concepts, know-how or techniques contained in such Materials for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information.

9. Notices and Procedure for Making Claims of Copyright Infringement. Valuestream, LLC. will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for Valuestream.com in accordance with the DMCA: Valuestream, LLC, 4455 Murphy Canyon Rd., Suite 100, San Diego, CA 92123; Phone: 858-793-6210; E-Mail: support[at]Valuestream.com.

10. Representation and Warranty Disclaimer. THE SITE AND ALL INFORMATION ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH VALUESTREAM.COM, WHICH YOU MAY VISIT THROUGH THE SITE, IS PROVIDED “AS IS” BY VALUESTREAM.COM AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (VIII) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY VALUESTREAM.COM TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. VALUESTREAM.COM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OF USE, STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, EVEN IF VALUESTREAM.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. In jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, Valuestream.com’s liability is limited to the greatest extent permitted by law.

11. Indemnification. You will indemnify, defend and hold Valuestream, LLC. harmless against any and all claims, losses, liabilities, suits, damages and disputes, including attorneys fees, arising from your use of the Site, including without limitation your sending Materials to Valuestream.com.

12. Viewing Outside United States. Service Provider makes no claims that the Site may be lawfully viewed or accessed outside the United States of America. Access to the Site may not be legal by certain persons in certain countries.

13. Jurisdiction and Venue. THESE TERMS OF USE ARE ENTERED INTO AND GRANTED IN THE STATE OF CALIFORNIA AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA, EXCLUDING ANY LAW OR CONFLICTS OF LAW PRINCIPLE THAT WOULD APPLY THE LAW OF ANOTHER JURISDICTION, AND EXCLUDING THE CALIFORNIA UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT. EXCLUSIVE JURISDICTION FOR ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE SHALL BE ONLY IN THE FEDERAL OR STATE COURT WITH COMPETENT JURISDICTION LOCATED IN SAN DIEGO, CALIFORNIA. YOU CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION BY SUCH COURTS IN ANY SUCH ACTION.

14. Valuestream.com Contact Information. If you have any questions or comments regarding these Terms of Use or the Site, please contact Valuestream.com using one of the options below:

Valuestream, LLC
4455 Murphy Canyon Rd., Suite 100
San Diego, CA 92123

Phone: 858-793-6210
E-Mail: support[at]valuestream.com
Site: www.Valuestream.com