Release of Liability
In consideration for being allowed to participate or interact with www.vargold3t.com, Vargold LLC, and any of it’s pages, courses, social media pages or activities (collectively “V3T”), I release from liability and waive my right to sue any of the instructors, facilitators, participants, instructors’ businesses or personal estates, their employees, officers, volunteers and agents (collectively “Stakeholders”) from any and all claims, including claims of negligence, resulting in any physical injury, illness (including death) or economic loss I may suffer or which may result from my participation in any Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity.
Expressed Assumption of Risk
I am voluntarily participating in this Activity. I understand that there are risks associated with my participation in this Activity, such as physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from my own or other’s actions, inactions, or negligence, or the condition of the Activity location (s) or facility (ies). Nonetheless, I assume all risks of my participation in this Activity, whether known or unknown to me, including travel to and from the Activity (including air travel) or any events incidental to this Activity.
Hold Harmless
I agree to hold V3T, and any of its Stakeholders harmless from any and all claims, loss or damage to my personal property, liabilities and costs, including attorney’s fees, as a result of my participation in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. If V3T or its Stakeholders incur any of these types of expenses, I agree to reimburse V3T and/or its Stakeholders.
Health Content
This website does not provide medical, diet, or physical fitness (collectively “medical”) advice. Some information on the site is written by health care providers affiliated with V3T and its affiliates, and some content is provided by outside sources. The content of this website, such as graphics, images, text and all other materials, is provided for reference and educational purposes only. The content is not meant to be complete or exhaustive or to be applicable to any specific individual’s medical condition. V3T assumes no duty to correct or update the website nor to resolve or clarify any inconsistent information that might be a part of the website. This website contains health or medically related materials. If you find these materials offensive, do not use this website. This website is not an attempt to practice medicine or provide specific medical advice, and it should not be used to make a diagnosis or to replace or overrule a qualified health care provider’s judgment. Users should not rely up this website for emergency medical treatment. The content on this website is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always consult with a qualified and licensed physician or other medical care provider, and follow their advice without delay regardless of anything read on this website. Use of programs on the V3T website does not establish a doctor–patient relationship.
Understanding and Acknowledgement
I have read the Terms of Service, and I am agreeing to them freely. I understand the legal consequences of utilizing V3T services, including (a) releasing V3T and its Stakeholders from all liability, (b) waiving my right to sue V3T or its Stakeholders, (c) and assuming all risks of participating in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity.
Medical Consent
If I need medical treatment as a result of my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware that V3T and its Stakeholders do not provide health insurance for me and that I should carry my own health insurance.
Parent or Legal Guardian Consent
I am the parent or legal guardian of the Participant. I have read the Terms of Service, and I am agreeing to them freely. I understand the legal consequences of agreeing to the Terms of Service, including (a) releasing V3T and its Stakeholders from all liability on my and the Participant’s behalf, (b) waiving my and the Participants’ right to sue V3T and its Stakeholders, (c) and assuming all risks of Participant’s participation in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. I allow the Participant to participate in this Activity. I understand that I am responsible for the obligations and acts of the Participant as described in the Terms of Service. I agree to be bound by the terms of the Terms of Service.
Refunds and Returns
Please carefully review your order before confirming your purchase. All sales are considered final. We do not offer refunds or exchanges for any products or services sold through Vargold3T.com. All items or services purchased from Vargold3T.com are non-refundable. For any questions or concerns regarding this No Refund Policy, please contact us at: [email protected]
Contributor Agreement
This Contributing Author Agreement (the “Agreement”) is entered into on upon submitting content to V3T (as hereinafter defined) by and between the freelance author or contributor (“Contributor”) and V3T. All references to V3T in this Agreement, including the grant of rights, shall mean V3T and its parent companies, affiliates, and subsidiaries. The term “Effective Date” means the date on which the last signature is indorsed on this Agreement to make this Agreement legally binding against both parties.
- Scope of this Agreement. This Agreement applies to any Content (as hereinafter defined) delivered by Contributor to V3T following the mutual execution of this Agreement that is intended V3T’s business operations including publication in any magazine (print or digital), website, book, social media or emerging media owned and/or operated by V3T and/or its affiliates, subsidiaries or collaborators as well as its commercial licensing efforts. The term “Content” means collectively any article, column, story, text, video, written work product, digital work product, or editorial content created by Contributor and delivered to V3T.
- Creation of Content. V3T may engage Contributor from time to time to create and author Content for publication in V3T digital products, social media and/or on V3T websites. For all Content to be created by Contributor, Contributor and V3T’s editorial point of contact shall agree via e-mail or otherwise on the following details with respect to the applicable Content:
(a) the length of the Content (if editorial contribution);
(b) the fee to be paid by V3T;
(c) the topical focus and/or title of the Content; and
(d) any applicable deadlines.
Contributor understands and agrees that all Content and all agreements with V3T’s editorial point of contact shall be governed by this Agreement and in no event shall any e-mail communication, telephone communication, or invoice amend or otherwise modify the terms of this Agreement. To the extent that the Content reproduces the image or likeness of any person or the property of another person, Contributor represents and warrants that all necessary releases have been secured in writing and Contributor shall produce such releases to V3T promptly upon request. - Review of Content by V3T.
(a) Editorial Content. Contributor grants to V3T the right, to be exercised in V3T’s sole discretion, to publish, produce, use, adapt, edit, re-title and/or modify the Content in any way without limitation and without additional compensation to Contributor. With respect to any Content to be published by V3T or under consideration for publication by V3T, Contributor agrees to fully cooperate with V3T editorial staff in connection with requested rewrites, revisions, and additional reporting if necessary. Contributor agrees to provide all fact-checking and research materials, as required, relating to the Content.
(b) V3T may remove copyright management information embedded in any Content. V3T shall have the right to use the Contributor’s name, biography, and likeness in connection with the publication and promotion of V3T’s digital products, social media and/or web sites in all media without restriction throughout the world and without limitation. V3T may, but is not required to, credit Contributor as the author of any Content. V3T shall have the right to use, publish, distribute or reproduce the written transcripts, video or audio recordings of interviews conducted by Contributor in connection with the preparation of the Content. - Publication and Payment. Contributor understands and agrees that V3T is under no obligation to publish any Content delivered by Contributor and no time limit shall apply to V3T’s right to publish Content in accordance with this Agreement following delivery of Content and payment by V3T for such Content. Unless otherwise agreed in writing, V3T will pay Contributor consistent with V3T’s standard freelance policy with respect to the timing of payment.
- Ownership of Content.
(a) Assignment of Copyright. All Content delivered to V3T pursuant to this Agreement shall be deemed works made for hire (under the United States Copyright Act) and V3T shall be sole owner of the photographs, videos, digital products, and of all rights, including copyrights, in such photographs, videos and digital products. In exchange for the consideration received by Contributor for the Content created under this Agreement, Contributor agrees to assign to V3T all rights, title and interest in the copyright to the Content. V3T and its assigns, employees, representative and any other person, entity, corporation, subsidiary or affiliate acting under Company authority shall have a perpetual, irrevocable right to publish, reproduce, distribute or otherwise use the contribution, including but not limited to, still or moving photographic images, video, sound recordings, statements, testimonials, ideas and/or feedback contained in the Content. Contributor further agrees to cooperate and execute any other document necessary to secure V3T’s ownership rights in the Content, failing which, V3T is authorized to execute same as Contributor’s attorney-in-fact. In the event of any termination of the grant of the assignment of the copyright to the Content, in the manner provided by 17 U.S.C. § 203 of the Copyright Act of 1976, or any successor statute or similar statute of a foreign jurisdiction, Contributor shall grant to V3T an irrevocable, perpetual, nonexclusive, worldwide, transferable, and royalty-free right and license to:
(i) use, execute, reproduce, display, perform, distribute copies of, and prepare derivative works of the Content; and
(ii) authorize others to do any or all of the foregoing.
(b) V3T Ownership. Contributor understands and agrees that:
(i) it shall own no interest whatsoever in the Content;
(ii) V3T shall own all right, title, and interest, including all intellectual property rights, in and to the Content; and
(iii) Contributor’s sole compensation for the Content is set forth in this Agreement and Contributor shall be entitled to no other or further royalties, license fees, or other remuneration in connection with the Content. - Representations and Warranties; Indemnity. Contributor represents and warrants that:
(a) Contributor owns the copyright in all Content delivered to V3T and there no other person or party has an interest in any Content;
(b) Contributor is the sole author of each Content;
(c) the Content has not been previously published in any manner or medium;
(d) all Content is free from defamatory, injurious, or unlawful materials; and
(e) Contributor has taken no action or granted any rights in the Content that conflict with or undermine V3T’s rights in and to the Content. Contributor will indemnify, defend, and hold harmless V3T and its parents, affiliates, and subsidiaries from and against all third party claims, actions, liabilities, damages, costs and expenses (including without limitation reasonable attorneys fees) of any kind arising out of:
(i) Contributor’s breach of any representation, warranty, and/or other provision of this Agreement; and/or
(ii) Contributor’s negligence and/or willful misconduct. - Release of Liability. Where applicable, Contributor understands that his/her presence at certain events may involve inherent risks that could lead to bodily injury and potentially death. To the maximum extent permitted by applicable federal and state law, Contributor, and Contributor’s successors, heirs and assigns, hereby release V3T from any and all claims, causes of action, disputes, liabilities, actions or other legal controversies, whether in law or in equity and regardless of the theory of liability, arising out of or related to Contributor’s presence at the event, including without limitation all claims for personal injury, wrongful death, product liability and negligence. If Contributor is not comfortable with the release of claims effected by this Section, Contributor should not be present at the event.
- Independent Contractor Status. The parties agree that Contributor is an independent contractor, and that neither Contributor, nor Contributor’s employees or contract personnel are, or shall be deemed to be, employees of V3T. In its capacity as an independent contractor, Contributor represents and warrants the following:
(a) Contributor has the right and does fully intend to perform services for third parties during the term of this Agreement;
(b) Contributor has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed;
(c) Contributor has the right to perform the services required by this Agreement at such times as Contributor may determine;
(d) Contributor will use his/her own equipment in the performance of the services required by this Agreement;
(e) the services required by this Agreement shall be performed by Contributor and V3T shall not hire, supervise, or pay any assistants to help Contributor;
(f) Contributor shall not receive any training from V3T in the professional skills necessary to perform the services required by this Agreement;
(g) Contributor shall not be required by V3T to devote full time to the performance of the services required by this Agreement;
(h) V3T will not withhold FICA (Social Security and Medicare taxes) from Contributor’s payments or make FICA payments on Contributor’s behalf;
(i) V3T will not make state or federal unemployment compensation contributions on Contributor’s behalf, or withhold state or federal income tax from Contributor’s payments;
(j) neither Contributor nor Contributor’s employees or contract personnel are eligible for any employee pension, health, vacation pay, sick pay, overtime, or other fringe benefits from V3T. The parties acknowledge and agree that V3T is entering into this Agreement in reliance on the representations made by the Contributor relative to its independent contractor status. Contributor shall pay all taxes incurred while performing services under this Agreement, including, but not limited to, federal, state and local income taxes, FICA taxes and, if Contributor is not a corporation, self employment (Social Security) taxes. - Term and Termination. The term of this Agreement shall commence upon submission of any content and this Agreement shall remain in full force and effect until terminated by either party. Either party may terminate this Agreement for convenience by giving thirty (30) days prior written notice to the other party. Upon termination by either party, all of the rights granted by Contributor to V3T hereunder shall survive the termination of this Agreement with respect to all Content delivered to V3T prior to the effective date of termination.
- Miscellaneous. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of California, excluding any choice of law or conflicts of laws principles or provisions thereof. Any claim or litigation arising out of or relating to this Agreement may be maintained only in courts physically located in the State of California, and Contributor and V3T hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. V3T may assign this Agreement and the rights granted hereunder to a successor by name change, merger, reorganization, or acquisition. This Agreement constitutes the entire agreement between the Parties with respect to the Content, and supersedes any prior agreements. This Agreement may be executed in counterparts, each of which shall be considered an original and all of which shall be considered one and the same instrument. The Parties agree that copies of this Agreement (including copies of any signatures) that are reproduced or transmitted via portable document format (PDF) or electronically receipted fax transmissions will be equivalent to original documents. This Agreement may not be modified without the prior written consent of each party.
Copyright Notice
Copyright © 20124 by Vargold LLC. All rights reserved. No portion of this website may be reproduced in any form without written permission from the publisher or author, except as permitted by U.S. copyright law. This website is designed to provide accurate and authoritative information in regard to the subject matter covered. It is produced and sold with the understanding that neither the author nor the publisher is engaged in rendering legal, investment, accounting or other professional services. While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional when appropriate. Neither the publisher nor the author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, personal, or other damages.
We reserve the right to modify these Terms of Service at any time, effective upon posting of an updated version on our website. Please regularly check Vargold3t.com for updates.