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Terms of Use

1. Introduction

Welcome to the VORT Corporation ("VORT") website ("Site"). It is designed to allow users to learn more about the products offered by VORT and provide users with the convenience of purchasing VORT products online. By using the Site, you acknowledge that you have read, understand and agree to be bound by these Terms of Use.

By using a VORT Site, you signify that you have read, understand and agree to be bound by these Terms of Use (this "Agreement") no matter if you are a casual visitor to the Site or a registered member. VORT RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THIS AGREEMENT AT ANY TIME WITHOUT FURTHER NOTICE. A CURRENT VERSION OF THESE TERMS OF USE WILL ALWAYS BE AVAILABLE VIA THE SITE'S HOMEPAGE. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS OF USE. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS OF USE. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE SPECIFIC TERMS OF THIS AGREEMENT, PLEASE DIRECT THEM TO CUSTSERV@VORT.COM. VORT shall take reasonable efforts to provide registered members notice (via e-mail or other automated format) of any material and substantial changes to this Agreement.

2. Proprietary Rights in Content on VORT

All content displayed or offered on the Site, such as site design, graphics, product descriptions, product previews, product usage information, training materials, and VORT products (the "Content"), is the proprietary property of VORT, or its advertisers, partners, or licensors. All rights in the Content are reserved. Content may not be modified, copied, distributed, reproduced, republished, displayed, posted, or resold in any form or by any means, in whole or in part, without VORT’s prior written permission.

All trademarks, logos, trade dress, and service marks on the Site are either trademarks of VORT or its advertisers, partners, or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of VORT.

3. Links to Other Websites

For your convenience, the Site may provide links to other websites directly or as a result of the Sites third-party internal search engine which provides links to advertisers. VORT is not responsible for the content, accuracy, or opinions expressed in any linked site, and such sites are not investigated, monitored, or checked for accuracy or completeness by VORT. Inclusion of any link to a site, or link produced by the internal search engine, does not imply approval or endorsement of the site by VORT. If you decide to leave the Site and access these third-party sites, you do so at your own risk. Your use of such sites is subject to the terms of use, if any, of such sites.

4. Use Requirements and Restrictions

All VORT products and publications are intended for use by and under the guidance of child development professionals. For example, parents interested in using the HELP or BCP must receive the materials through a qualified professional, and must work with and consult the professional on all procedures, including Gross and Fine Motor activities, Safety Issues, and any questions whatsoever. Any use in violation of the foregoing is strictly prohibited and you agree to indemnify and hold VORT harmless for any violation of the foregoing.

The Site is not intended for use of individuals under the age of 18, and by using the Site you represent that you are at least 18.

If you open an account with VORT, you agree that all information provided by you related to your account shall be true, accurate, and complete, and you will promptly update your account information if it changes. If VORT has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, VORT shall have the right to suspend or terminate your account and refuse current or future use of your account.

5. Privacy

VORT cares about the privacy of its Site users. Please review the Site's Privacy Policy incorporated herein for all purposes.

6. Disclaimers

VORT is not providing healthcare services of any kind, and by continuing to use this Site or any VORT product or service, you agree that no healthcare services are being provided, or are being represented as being provided.

As curriculum-based assessments, the HELP and the BCP are not standardized; they are used for identifying needs, tracking growth and development, and determining "next steps" (target objectives). They offer play-based activities and intervention strategies for each skill. Age ranges on the HELP are provided to indicate when a skill "typically" emerges.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. VORT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications-line failure, theft or destruction or unauthorized access to, or alteration of, user communications. VORT is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at the Site, including injury or damage to users and/or Site advertisers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Site.

To the furthest extent allowed by law, under no circumstances will VORT be responsible for any loss or physical damage, including personal injury or death, resulting from anyone's use of the Site, any content on the Site. THE SITE AND THE CONTENT ARE PROVIDED "AS-IS" AND VORT DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VORT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE.

7. Limitations on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL VORT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE, EVEN IF VORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, VORT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $1,000.00 OR THE AMOUNTS PAID BY YOU TO VORT FOR PRODUCTS OR SERVICES PROVIDED TO YOU VIA THE SITE.

8. Governing Law and Venue

These Terms of Use and any disputes arising out of or in connection with these Terms of Use shall be governed by and construed in accordance with the laws of the State of California except for that portion relating to conflicts of laws. If you are located outside the United States, you disclaim the United Nations Convention on Contracts for the International Sale of Goods. The Federal and State courts in San Mateo County and Santa Clara County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. You expressly consent to the personal jurisdiction of, and venue in, such courts.

9. Indemnity

You agree to indemnify and hold VORT, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, or damages, including reasonable attorneys’ fees, resulting from a third-party claim arising out of your use of the Site in violation of these Terms of Use or your violation of any law or the rights of a third party.

10. VORT's Right to Terminate

VORT may terminate your ability to order products from VORT for violation of these Terms and Conditions or for other reasons deemed appropriate by VORT.

11. Right to Amend Terms of Use

VORT reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. A current version of these Terms of Use will always be available via the Site's homepage. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access the Site. It is your responsibility to regularly review these Terms of Use. Should you have any questions regarding the specific terms of this agreement, please direct them to custserv@vort.com.

12. Miscellaneous

These Terms of Use constitute the entire agreement between you and VORT regarding the use of the Site, superseding any prior Terms of Use. The failure of VORT to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.