Terms of service

Vertige Adaptive Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS SITE.
These Terms of Use will govern your access and use of this Site and the services provided on the
Site (the “Services”). This Site is operated by Vertige Adaptive (“Company”), a business
operating in the United States of America. These Terms of Use constitute a legal agreement
between you (the individual using this Site or the “User”) and Company regarding your use of
the Site. By browsing, downloading, installing, or otherwise accessing and using this Site, you
represent that you have read, understand, and agree to be bound by these Terms of Use whether
you have read them or not, as updated from time to time. If you do not agree to these Terms of
Use, do not access, or use this Site. Please print a copy of these Terms of Use for your records.
Your access to and use of the Site is subject to your continued compliance with these Terms of
Use and all applicable laws. Company may modify these Terms of Use at any time.

License and Access
Subject to your compliance with these Terms of Use, Company or its licensors or content
providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to
access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any of the Services or their content; any collection or use of any product listings, descriptions, or prices; any derivative use of any of the Services or their content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Company or its licensors and other content providers. None of the Services (or part thereof) may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without the prior express written consent of Company. You may not misuse the Service. You may use the Services only as permitted by law and these Terms of Use. The license granted by Company, or its licensors or content providers terminates if you do not comply with these Terms of Use.

Geographic Scope
This Site is intended for use by users in the United States of America.
Reliance on Information
This Site may include inaccuracies or typographical errors that may be corrected as they are
discovered at Company’s sole discretion.
Third Parties’ Products, Content & Links (“Third Party Services”)
Third Party Services are provided for convenience only. Company is not responsible for
examining or evaluating, and does not warrant the offerings of, any of these businesses or
individuals or the content of their storefronts or offerings. Any information, data, opinions,
recommendation, products, or services provided by such Third-Party Services, through links to
other websites or otherwise made available through their Sites are solely those of such third
parties and not of Company. Any terms, conditions, warranties, or representations included in the
Third-Party Services are solely between you and the relevant providers of the Third-Party
Services. Except as otherwise provided for herein, you cannot rely on these Terms of Use and/or
our Privacy Policy to govern your use of another website or destination. We do not endorse, and
Company expressly disclaims responsibility and liability for, Third Party Services including with
respect to the content, products and services provided by the Third-Party Services. Any
interactions you have with the Third-Party Services are between you and the operator or owner
of such Third-Party Services and you agree that Company is not liable for any damage or loss
you may suffer because of any interactions with any such Third-Party Services or any claims that
you may have against any such Third-Party Services. You should carefully review their privacy
statements and their terms and conditions of use.

User Generated Content
If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit, or otherwise post reviews, ratings, comments, feedback, or other materials on the Site (“User Generated Content”) that may be accessible and viewable by the public. With respect to User Generated Content posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms of Use or any of our other posted policies.

User Generated Content must not:

Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or otherwise offensive, inappropriate, damaging, unlawful, disruptive, or harmful.
Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate, or assist any illegal activity or unlawful act, create or threaten harm to any person or loss or damage to any property.
Include your or other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual.
Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Company or any other person.
Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
Misrepresent your identity or affiliation with any person or organization, including Company.
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications.
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications.
Seek to transmit chain letters, bulk, or junk e-mail, whether automated or not, or interfere with, disrupt, or create an undue burden on Company or the networks or services connected to the Site or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties.
Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
Be otherwise objectionable or non-family friendly as determined by Company at its sole discretion.

We do not claim ownership to User Generated Content. However, by posting User
Generated Content, you irrevocably grant us and our assigns, agents and licensees and
other users a worldwide, nonexclusive, irrevocable, royalty-free, fully paid license under
all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other
intellectual property rights you own or control to: (i) use, reproduce, transmit, modify,
index, adapt, publish, translate, create derivative works from, distribute, display and
otherwise exploit such content throughout the world in any media, whether now known
or hereafter invented, including for any and all purposes, including commercial or
marketing purposes, all without further notice to you, with or without attribution, and
without the requirement of any permission from or payment to you or any other person or
entity, and (ii) to use your name, persona or likeness alone or in connection with such
uses, without any obligation or remuneration to you. Without limitation, the granted
rights include the right to: (a) configure, host, index, cache, archive, store, digitize,
compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and
remove such User Generated Content and combine same with other materials, and (b) use
any ideas, concepts, know-how, or techniques contained in any User Generated Content
for any purposes whatsoever, including developing, manufacturing, and marketing
products and/or services. Except as prohibited by law, you hereby waive, and you agree
to waive, any moral rights (including attribution and integrity) that you may have in any
User Generated Content, even if it is altered or changed in a manner not agreeable to you.
To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a
manner that interferes with any exercise of the granted rights. You understand that you
will not receive any fees, sums, consideration, or remuneration for any of the rights
granted in this Section. You agree to pay all royalties, fees and other monies owing to any
person or entity by reason of the User Generated Content that you post on the Site.
We may refuse, alter, or remove a User Generated Content without notice for any reason
at Company’s sole discretion, including our belief that a User Generated Content may
violate these Terms of Use or be otherwise objectionable. If and to the extent that we
elect to accept User Generated Content, we have the right, but not the obligation, to
monitor, review, screen, post, remove, reject, modify, and store all User Generated
Content posted on the Site, at any time and for any reason, without notice, including to
ensure that all such User Generated Content complies with these Terms of Use. We do
not endorse any User Generated Content and the User Generated Content posted does not
reflect our opinions, views, or advice. You are solely responsible for your User Generated
Content and the consequences of posting and publishing it and you agree that we are
acting only as a passive conduit for your online distribution and publication of your User
Generated Content. We take no responsibility and assume no liability for any User
Generated Content that you or any other user or third-party posts or sends on or through
the Site, nor do we assume any liability for any action or inaction regarding
transmissions, communications or content provided by any user or third party.
We reserve the right, but have no obligation, to monitor or to take any action regarding
disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely
responsible for your conduct on the Site and your interactions with other users. Not withstanding our rules about User Generated Content, you may be exposed to content on the Site that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Content on the Site, whether it violates these Terms of Use or not. If and to the extent that we elect to accept User Generated Content it may be made
publicly available by Company as it deems necessary and/or appropriate, please carefully
choose the information you post on the Site and that you give to other users. You are
discouraged from publicly posting your full name, telephone number, street address, e-
mail address or other information that identifies you or allows strangers to find you or to
steal your identity. You assume all risks associated with dealing with other users with
whom you come in contact through the Site, and to the extent that the law permits, you
release us from any claims or liability related to any User Generated Content posted on
the Site and from any claims related to the conduct of any other users.

Changes to the Services.
To the extent allowed under applicable laws and regulations, we may change the Service at any
time and without notice to you. Changes may be made at any time to the information, names,
text, software, images, pictures, games, logos, trademarks, functionalities, products and services
and any other material displayed on, offered through, or contained within the Services.
Age of Majority
You may only use this Site if you of the age of majority in the jurisdiction in which you reside.
To register for an account, purchase products via the Site, subscribe to receive any User
Generated Content or other marketing or promotional material from us (in any form and via any
media), you must be 18 years of age or over.

Accounts
In the event we offer access to an account, you may create an account by providing us with your
name and e-mail address (an “Account”). To learn more about how we collect and use your
information, please see our Privacy Policy.
By creating an Account, you agree: (a) that you are able to and have the appropriate authority
and authorization to create a binding agreement with Company; (b) provide true, accurate,
current and complete information about yourself when we request it; (c) maintain and promptly
update this information to keep it true, accurate, current and complete to the extent the Service
permit such updates; and (d) use limited-access portions of the Site only using access
credentials that we have issued to you. Company reserves the right to refuse service, to
terminate Accounts, to remove or edit content, and to cancel orders, in its sole discretion. If you
have previously had your access to or use of the Site terminated by us, you may not access or
use the Site under any circumstances. You should never share your Account information with
third parties or allow third parties to use your Account. Please keep your password confidential
and be sure to exit from your Account at the end of each session. You are responsible for all
activity on your Account, including the use of your Account by other people who you may or
may not authorize to use your Account. Your Account is individual to you and must not be
shared with other individuals or third parties. You must notify us immediately of any breach of
security or unauthorized use of your Account by contacting us at info@inoutlaw.com. Even if
you notify us, you will be responsible for any activities that occur using your access credentials,
including any charges resulting from the use of your Account. Company will not be liable for
any losses caused by any unauthorized use of your Account. Company reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further marketing communications from us unless and until you re-register for marketing communications. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Site.

Privacy
For information on how Company collects, uses, and protects the personal information you may
provide on this Site, read the Privacy Policy.
Intellectual Property
The materials displayed on or contained within this Site (the “Materials”) are the property of
Company and its licensors and are protected by copyright, trademark, and other intellectual
property laws. Company hereby grants you a personal, non-exclusive, non-assignable and non-
transferable license to use and display the Materials for non-commercial and personal use only
and only to the extent you maintain all copyright and other notices contained in such Materials.
You may only use the Site in a manner consistent with these Terms of Use, and applicable
federal, state, local and international laws, rules, and regulations. You agree not to produce,
reproduce, modify, publish, create derivative works from, display, perform, translate, distribute,
adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to
any third party (including, without limitation, the display and distribution of Materials via a
third-party website) or make any other use whatsoever without the express prior written consent
of Company. Unless expressly permitted herein, any use of Materials is only permitted with the
express written permission of Company and/or its licensors. All rights not expressly granted to
you in these Terms of Use are reserved and retained by Company. The licenses granted by
Company herein terminate if you do not comply with these Terms of Use.
By using the Site, you represent that you are not a person barred from using the Site under the
laws, rules and regulations of the United States, your place of residence or any other applicable
jurisdiction. No other rights, assignment, licenses, or legal relationship of any nature, including,
but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee
or otherwise, either express or implied, are created through your use of the Site unless expressly
reserved in these Terms of Use.

Disclaimer of Warranties
THE SERVICES AND ALL INFORMATION, USER GENERATED CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES AND SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES OR SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICE, INFORMATION, USER GENERATED CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, COMPANY’S SERVERS, OR OTHER ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.

Indemnity
You agree to indemnify and hold harmless Company and its affiliates and their respective
directors, officers, employees, agents, or other representatives from and against all claims,
liability, damages and expenses, including without limitation all legal fees and costs arising
from or relating to (a) your breach of these Terms of Use; and (b) your use of the Services; and
(c) any claim or allegation that any content provided by you to Company, including
testimonials, infringe the intellectual property or other rights of any third party or applicable
laws.
Limitation of Liability
THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE THROUGH THE SITE OR OTHERWISE THROUGH COMPANY ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF COMPANY. COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH
PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH THIRD-PARTY PRODUCTS AND/OR SERVICES. TO THE EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE SERVICES OR SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SERVICES, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE PROPERTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS OF USE OR THE PROVISION OF THE SERVICES AND SITE EXCEED FIFTY DOLLARS ($50.00). IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED.
YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. COMPANY MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE PROPERTIES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE PROPERTIES FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

Disputes
We each agree that any dispute resolution will be conducted only on an individual basis and not
in a class, consolidated, or representative action. If a claim proceeds in court, we each waive
any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin
infringement or other misuse of intellectual property rights.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION AS WELL.

Applicable Law
By using any of the Services, you agree that applicable federal law, and the state law of the
State of Illinois without regard to its principles of conflict of laws, will govern these Terms of
Use and any dispute that might arise between you and Company.
Other Policies; Modification; Severability.

Please review the other Company policies posted on this Site. These policies also apply to your
use of the Service. Company reserves the right to make changes to our site, our policies, and
these Terms and Conditions of Use at any time. If any one of these policies, terms or conditions
should be deemed to be invalid, void, or for any reason unenforceable, that policy, term, or
condition shall be deemed severable and shall not affect the validity and enforceability of any
remaining policy, term, or condition.

Changes to the Terms of Use
Company may at any time modify these Terms of Use. Company will make available the
updated Terms of Use on this Site. Your access or use of this Site following such posting will be
deemed to be acceptance of such modified Terms of Use. If you do not agree to any such
modifications, you must immediately cease accessing and using this Site. You acknowledge and
agree that it is your responsibility to review the Terms of Use each time you access this Site.

Termination
Company may at any time terminate your right to access this Site without notice to you.

Entire Agreement
These Terms of Use constitute the entire agreement between you and Company with respect to
your use of the Service and will supersede all previous agreements, understandings and representations relating thereto.

How to Contact Company
You may contact Company at haleyschwartz@vertigeadaptive.com

Welcome to vertigeadaptive.com! Thanks for joining our Affiliate program.

These following terms and conditions apply to individuals who are accessing or using the Program both as the merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.

By participating in the Program, affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an affiliate or participate in the Program in any manner.

1. Approve or Reject of the Registration

We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.

2. Affiliate Links and Coupon

Affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.

Affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customer both click on the affiliate link and use coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.

Affiliate may also advertise merchant website on online channels such as Facebook, Instagram,... or offline classified channel ads, magazines, and newspapers.

3. Commissions and payment

Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,...).

For an Affiliate to receive a commission, you need to specify the payment details in Settings. Payment schedule will be notified on Affiliate Guide page.

Payments will only be sent for transactions that have been successfully completed. The Use of the Affiliate Program is subject to a fair use policy which gives the merchant the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in chargebacks or refunds will not be paid out.

4. Marketing tool

We may share promotion medias such as banner, logo or specific collection promotion to you through Marketing tool tab. You can download the media or get the HTML embed code in order to share onto affiliate channels.

5. Network

If Network tab is activated, affiliate can invite others to become their downline affiliate. If any downline affiliate brings order to merchant shop, upline affiliate will also get network commission which depends on merchant settings.

To invite other affiliates into the system, share network link and any other affiliate who click on that link and sign up will become a downline affiliate.

6. Cookie

We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.

If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.

Cookies day is stated in the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).

7. Removal from Referral Program

If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: {merchant.email}.

Go forward and refer!

We're very glad you've made it to the end of this important document.

We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send email to haleyschwartz@vertigeadaptive.com for support.