Welcome to Vundee, a peer-to-peer car-sharing platform that offers vehicles on demand provided by Vundee, Inc (“Vundee” or “Company”).
We maintain this site for general promotional, investor relations and public information purposes, The following Terms of Use ("Terms") apply to your use of this site ("Web Site" or "Site"). Please read them carefully! By using this Web Site, you are agreeing to be bound by these Terms. You may not use this Site if you do not agree to these Terms.
Unless the context indicates otherwise, as used in these Terms, (i) "Vundee, Inc", "Vundee", "us," "we" and "our" refer to Vundee, Inc, (ii) "Content" refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through this Web Site, including user interfaces and the selection, coordination and arrangement of such information, and (iii) "Software" refers to any software available for downloading on the Site.
Changes to this Site or these Terms
We may change this Web Site at any time without prior notice or obligation to you. We may also change these Terms at any time without prior notice or obligation and your continued use of the Site after such changes have been posted will constitute your acceptance of the changes.
Intellectual Property
The Site is owned and operated by Vundee in conjunction with others pursuant to contractual arrangements, and the Content and Software (and any intellectual property and other rights relating thereto) is and will remain the property of Vundee and its licensors and suppliers. The Content and Software and the selection, compilation, collection, arrangement and assembly thereof is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as expressly set forth in the "Permitted and Prohibited Uses" section below, or otherwise authorized in advance by Vundee in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Vundee, our third party licensors or others, and are protected under United States and international trademark and other proprietary rights and laws. The trade names, trademarks and service marks owned by Vundee, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Vundee's or our third party licensors trade names, trademarks or service marks without our or their, respectively, express prior written consent.
Registration
Some areas of the Site may require you to be or become registered with the Site. When and if you register with the Site, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form, including your name, email address, address, and phone number, and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site.
Permitted and Prohibited Uses
Subject to your compliance with these Terms, and solely for so long as you are permitted by Vundee to access and use the Site, you may view the information posted on any screens of this Web Site. Use or downloading of the Software is conditioned on acceptance of the terms and conditions of any license agreements relating to such Software, including agreements of third parties. By acquiring or using the Software, you agree to such terms and conditions. While using the Site, the Content, and the Software you agree to comply with all applicable laws, rules and regulations.
You may not:
- Reproduce, copy, upload, post, transmit, display, sell, resell or otherwise redistribute or exploit any materials or design elements of this Site , any other portion of this Site, or use of or access to the Site, for commercial purposes without our prior written consent;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble the Software or any portion of the Site or otherwise attempt to determine the source code or trade secrets of the Site or the Software;
- Violate or attempt to violate the security of the Site;
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Use the Site, Content or Software for any fraudulent or unlawful purpose;
- Impersonate any person or entity, including without limitation any representative of Vundee; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, degrading, hateful, intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking"; or (e) any advertisements, solicitations, junk mail, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site, Content or Software;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. Notwithstanding the foregoing, Vundee grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vundee reserves the right to revoke these exceptions either generally or in specific cases.
- Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
- Create a database by systematically downloading and storing Site content;
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect information about Site visitors or members without their express consent; or
- Otherwise disrupt or interfere with the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site. If you download Software from the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we or our third party licensors retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell or transfer the Software to any third party.
Disclaimer of Warranties
- In maintaining this Web Site, we have tried to ensure that the information posted by us is accurate, complete and current as of the dates indicated on the screens. However, we make no guarantees or warranties of any kind, express or implied, regarding the Content, the Software or operation of the Site. You access and use this Site at your own risk. The Content and Software (including all information available on or through the Site) are provided "AS IS" and we are not responsible for its use or misuse. Access to this Site from locations where the Content or Software may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from this Site is free from computer viruses, worms, Trojan horses or other destructive devices.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, CONTENT AND SOFTWARE (INCLUDING ALL INFORMATION, SERVICES AND, EXCEPT TO THE EXTENT ACCOMPANIED BY A WRITTEN WARRANTY FROM US, PRODUCTS MADE AVAILABLE ON OR THROUGH THE SITE), INCLUDING, WITHOUT LIMITATION, (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT OR SOFTWARE, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Vundee AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF Vundee OR ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
- A possibility exists that the Site, Content, or Software could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the rules of conduct set forth in the "Permitted and Prohibited Uses" section above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Content, Software or forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please email support@vundee.com, with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
Links from this Web Site
- As a convenience to you, we provide hyperlinks from this Web Site to selected third party Websites and Mobile sites that are not operated by Vundee. This is done to enable you to download our iOS and Android applications
Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Vundee NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, CONSULTANTS OR AGENTS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THE SITE, CONTENT, SOFTWARE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF Vundee AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS AND AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND CONSEQUENTLY SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law
- These Terms will be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without reference to any choice of law rules under Colorado law. You agree that any action at law or in equity arising out of or relating to these Terms or relating your use of this Web Site will be filed only in the state or federal courts located in Douglas County, Colorado and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and to waive any jurisdictional, venue or inconvenient forum objections to such courts.
Termination
- These Terms are effective until terminated. Vundee, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Vundee believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Vundee may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Vundee and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. The "Intellectual Property," "Disclaimer of Warranties," "Limitation of Liability," "Governing Law," "Termination," "Jurisdictional Issues," and "Miscellaneous" sections will survive any termination of these Terms.
Violations
- We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Web Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from (i) your violation of these Terms or your use of this Site; (ii) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site.
Notice for California Users
- Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Site, please send an email to support@vundee.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Claims of Copyright Infringement
- The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Vundee infringe your copyright (for example, materials posted by Vundee on one of our forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Vundee to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Vundee against you, the DMCA permits you to send Vundee a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Jurisdictional Issues
- The Site is solely directed to individuals residing in the United States. We make no representation that Content or Software available on or through the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
Forward-Looking Statements
- Statements in any news release of Vundee contained on the Site or communicated orally or in writing that concern us or our management and that are not historical facts are "Forward-Looking Statements." Forward-Looking Statements include, without limitation, statements that (a) include the words "believes, ""expects, " "anticipates, " "estimates" or words of similar importance or meaning with reference to us or our management; (b) are specifically identified as forward-looking; (c) describe any of our plans, objectives or goals for future operations and products; or (d) concern the characteristics and growth of our markets or customers or our expected liquidity and capital resources. Forward-Looking Statements are only predictions involving important factors and risks that may cause actual results to differ materially from those discussed in any Forward-Looking Statement. Those important factors and risks include, without limitation, economic, competitive, governmental and technological factors affecting our operations, markets, products, services and prices. Vundee expressly disclaims any obligation or responsibility to update or revise or supplement any Forward-Looking Statement in any news release or generally to any extent.
Questions
- We welcome questions, comments and other feedback about this Terms of Use, the Web Site and about our products and services. However, please be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you. If you have any questions or comments, please send an e-mail to support@vundee.com.
Miscellaneous
- These Terms may be supplemented by additional terms posted at other locations on this Site, but these Terms will supersede in the event of a conflict with such additional terms. These Terms and such additional terms constitute our entire agreement with you regarding your use of this Web Site, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Vundee relating to such subject matter. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The invalidity of any term, condition or provision of these Terms of Use shall not affect the enforceability of those portions deemed enforceable by applicable courts of law. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Vundee. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Vundee's discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Vundee will not be responsible for failures to fulfill any obligations due to causes beyond its control.