All customers of The Vault Rochester, LLC (“VAULT") and visitors to www.VaultRochester.com (the "Website") are subject to the Terms and Conditions expressed below.
Last Modified: June 9, 2021
The Website is offered and available to users who are 13 years of age or older and who reside in the United States of America or any of its territories or possessions only. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
In order to access some features of the website, you will have to create a Vault account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
To receive a class credit for a canceled reservation, you must cancel your class no less than 10 hours prior to your scheduled class. Once you cancel a class, it is returned to your account to be used at a future date. Classes not canceled prior to 10 hours before your scheduled class will be charged the normal class fee and no refunds or credits will be issued. Special event registrations can be canceled, but you will not receive a credit to take another class or special event once canceled. For ALL unlimited package holders you will be charged a $10 fee for all classes not canceled 10 hours or more prior to the scheduled class.
Series Returns: All series sales are final. No refunds for cash or credit will be provided after the purchase of a series. If you choose not to continue your Vault series, you are not eligible for a refund. If you feel you will not be able to complete a package, you may want to choose one of the smaller packages. Unlimited Membership Returns: Sales of Unlimited Memberships are final, except as provided in the terms of any Unlimited Membership Contract. Merchandise Returns: All merchandise sales are final. Refunds for merchandise will only be provided in the form of a store credit or exchange. No refunds for cash are permitted.
All expiration dates are clearly noted on the purchase page. Our package extension policy allows for a 30-day extension for a $25 fee. If you need to extend your package due to a medical reason, we can happily accommodate you! Please note, for medical extensions, a doctor's note is required.
Gift Cards are not a Class Series
In addition to classes and series of classes, you can also buy a gift certificate. Vault’s gift certificates are sold in the form of "gift cards". Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other class you buy.
‘Gift cards’ and ‘classes’ are not the same thing. Unlike gift cards or gift certificates, classes are for our studio classes only. You cannot redeem your class for cash and you cannot transfer it to another customer. Classes do expire. The expiration dates are posted in the purchase page on the website. If, however, you cannot book a class in time, just give us a call, stop by the studio, or email us and we can help you.
You acknowledge that Vault charges fees for its services and reserves the right to change its fees from time to time in its discretion. If Vault terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
Vault services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Vault via your mobile phone, (ii) the ability to receive and reply to Vault messages, (iii) the ability to browse Vault classes and products from your mobile phone and (iv) the ability to access certain Vault features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Vault and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
If you are purchasing a Monthly Unlimited ride card you are subject to the following terms:
Monthly Unlimited packages may require a minimum commitment.
This unlimited membership will renew automatically every 30 days.
If you do not want it to renew, you must cancel with 15 days notice before your next billing cycle after the required minimum commitment. Please read the Membership Terms below. By using this website you are agreeing to accept these terms. The undersigned ("You" or "Member") has purchased a Monthly Unlimited Membership , you and VAULT agree as follows:
BUYER'S RIGHT TO CANCEL. If you wish to cancel this contract, you may cancel by providing notice in writing at at the studio location in which you signed up, allowing 15 notice of cancellation. You may also cancel this contract if you relocate your residence further than twenty-five miles from any health club operated by the seller. This contract may also be cancelled if you die, or if the health club ceases operation at the location where you entered into this contract. If you become disabled, you shall have the option of (1) being relieved of liability for payment on that portion of the contract term for which you are disabled, or (2) extending the duration of the original contract for a period equal to the duration of the disability. You must prove such disability by a doctor's certificate, which certificate shall be enclosed with the written notice of disability sent to the health club. The health club may require that you be examined by another physician agreeable to you and the health club at its expense. If you cancel, the health club may keep or collect an amount equal to the fair market value of the services or use of facilities you have already received.
RULES, REGULATIONS, SCHEDULES; TERMS AND CONDITIONS: Member agrees to abide by all rules, regulations, schedules and terms and conditions of VAULT, which may be posted at any VAULT branded studio or website, or issued orally from VAULT, and which may be amended from time to time, at management's sole discretion.
TRANSFERS OF MEMBERSHIP: Membership may not be transferred.
This contract renews monthly until canceled by a customer in writing after the minimum commitment NO REFUNDS: Other than as set forth in the first paragraph of this contract, no refunds are permitted, regardless of your use or failure to use VAULT’S facilities.
PRICING: After the expiration of the term, VAULT reserves the right to increase its unlimited fees.
EQUIPMENT: We have Stages Indoor Cycles, free weights, boxing bags, exercise bands, weighted balls, ropes and Bosu balls.
ENTIRE AGREEMENT: Except for the rules, regulations, policies, schedules and terms and conditions posted at "VAULT" branded studios or website or issued orally by VAULT from time to time at its discretion, all of which are incorporated into this contract, and any health or other waivers provided by you to VAULT, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing and executed by a duly-authorized representative of VAULT. Employees are not authorized to make any independent agreements with any VAULT member or customer.
Medical Waiver & Release
Medical Recommendations. Participant should consult with his or her physician or have a physical examination before enrolling in or participating in any of VAULT’s classes, including in-studio and outdoor, or using VAULT’s premises, facilities, equipment or services (collectively “Classes and Facilities”) especially if the Participant is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to physical exertion or has other physical limitations.
Any strenuous athletic or physical activity involves certain risks. Participant and his or her guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of VAULT’s Classes and Facilities. VAULT cannot guarantee that any facility or equipment is free of risk. Participant agrees to use care in the use of VAULT’s Classes and Facilities, and to protect against accidents by other participants. VAULT reserves the right, in its sole discretion, to cease to provide services, stop working with, and/or remove any person (or persons) who VAULT in its sole discretion feels presents potential harm, danger or disruption to themselves or anyone around them while engaging in any training or receiving any other services.
Participant’s Health Warranty
Participant represents that: (i) there are no medical or physical conditions that would preclude his or her use of VAULT’s Classes and Facilities; (ii) he or she has not been instructed by any physician not to use VAULT’s Classes and Facilities; (iii) he or she is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. In addition, if in the opinion of VAULT staff, Participant would be at physical risk using the Classes and Facilities, Participant will be denied access to VAULT and its Classes and Facilities until Participant furnishes VAULT with an opinion letter from a medical doctor, at Participant’s soul expense, specifically addressing VAULT’s concerns, and stating that VAULT’s concerns are unfounded. If Participant declines to obtain such a letter, Participant will not be permitted to use the Classes and Facilities of VAULT.
Liability Release and Indemnity
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant agrees to release and to hold harmless VAULT, the Classes and Facilities, the respective directors, officers, representatives, members, agents and employees of VAULT and the Classes and Facilities from any and all liability, whether based on negligence, contract, tort, statute or otherwise, for any claim (including third party claims by the owners of the premises or other persons or entities), judgment, loss, liability, cost and expenses (including, without limitations, attorneys’ fees and costs) arising out of or connected in any way with the Classes and Facilities, training, products, or other interaction Participant has with VAULT or any Releasee (collectively, the “Services”), including but not limited to any claim arising out of or connected in any way with (i) any illness or injury (minimal, serious, catastrophic and / or death) that Participant may incur or sustain during or in any way in connection with the Services (whether or not at the premises and whether or not relating to any new or pre-existing condition, disclosed or undisclosed), (ii) any act or omission of any kind or character (whether negligent, grossly negligent, tortious or otherwise) of any employee, consultant, other independent contractor or other representative of VAULT (whether at the premises, in connection with the Services, or otherwise) and (iii) all activities associated or connected in any way with the Services and while traveling to and from the premises, in each of the foregoing cases whether or not the Services are actually rendered in full or in part. Participant further expressly agrees to indemnify and hold harmless Releasees and Releasees’ heirs, successors, assigns, executors and administrators against loss from any further claims, demands or actions that may subsequently be brought by Participant or by any other persons on the account of damages of any character resulting to Participant in any way from the foregoing activities. Participant further agrees to reimburse and to make good to Releasees any loss, damages, or costs Releasees may have to pay as a result of any such action, claim, or demand, including but not limited to attorneys’ fees. Participant understands that the foregoing waivers and indemnities are a material inducement to VAULT to allow Participant to receive the Services, that VAULT is expressly relying on such waivers and indemnities in allowing Participant to receive the Services, and that but for such waivers and indemnities Participant would not be permitted to receive the Services.
Participant acknowledges and agrees that receiving the Services subjects Participant to the risk of physical illness or injury (minimal, serious, catastrophic and / or death) and that Participant acknowledges that he or she is assuming the entire risk of such illness or injury by receiving the Services. In the event of such illness or injury, Participant authorizes VAULT to obtain necessary medical treatment for Participant and hereby releases and holds harmless Releasees in the exercise of this authority. Participant further acknowledges and understands that he or she will be responsible for any and all medical and related bills that may be incurred by Participant for any illness or injury that he or she may sustain in connection with the Services and while traveling to and from the site for the Services whether or not the Services are actually rendered
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. VAULT has put in place preventative measures to reduce the spread of COVID-19; however, VAULT cannot guarantee that you will not become infected with COVID-19. Further, attending VAULT could increase your risk of contracting COVID-19. By signing this agreement, Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that he or she may be exposed to or infected by COVID-19 by receiving the Services at VAULT and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 at VAULT may result from the actions, omissions, or negligence of himself or herself and others, including, but not limited to, VAULT employees, volunteers, participants and their families. Participant voluntarily agrees to assume all of the foregoing risks and accepts sole responsibility for any injury to themselves (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that Participant may experience or incur in connection receiving the Services at VAULT. Participant hereby releases, covenants not to sue, discharge, and holds harmless VAULT its employees, agents, and representatives, of and from VAULT, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Participant understands and agrees that this release includes any claims based on the actions, omissions, or negligence of Joyride, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after receiving the Services at VAULT.
Participant hereby grants permission to the rights of his or her image, in video or still, and of the likeness and sound of his or her voice as recorded on video tape without payment or any other consideration. Participant understands that his or her image may be edited, copied, exhibited, published or distributed and waives the right to inspect or approve the finished product wherein his or her likeness appears. Additionally, Participant waives any right to royalties or other compensation arising or related to the use of his or her image or recording. Participant also understand that this material may be used in diverse settings within an unrestricted geographic area. Photographic, audio or video recordings may be used for ANY USE, which may include but is not limited to: Streaming or On-demand fitness classes, Presentations, Online/Internet Videos, Media, Advertising and Promotion, News (Press). By signing this release, Participant acknowledges that he or she has completely read and fully understands the above release and agrees to be bound thereby. Participant hereby releases any and all claims against any person or organization for utilizing this material.
Governing Law; Consent to Jurisdiction
This Agreement shall be governed by the laws and decisions of the State of NEW YORK.
Participant (and, if applicable, Participant’s parent or legal guardian if Participant is under the age of 18) hereby represents and warrants that (i) he or she has read this Participant Enrollment Form in its entirety and fully understand its contents; (ii) is aware that this Participant Enrollment Form releases the Releasees from liability and contains an acknowledgement of his or her voluntary and knowing assumption of the risk of injury or illness, and (iii) further acknowledges that nothing in this Participant Enrollment Form constitutes a guarantee that the Services will be fully or partially rendered.
Access and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in temporary memory incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features, such as the ability to link to third party websites, you make take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Website.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
The Company name, the terms Vault, Vault Rochester, Vault Cycle+Box+Move and the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.erials from the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, blogs, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute (or which is submitted or contributed using your access credentials), and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We may revise and update the terms of the Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and while we will try to maintain it up to date, we are under no obligation to do so.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social MediaFeatures
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express prior consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Web infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Vault Cycle + Box + Move
10 Franklin Street
Rochester, NY 14604585-683-0804Stephanie@vaultrochester.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to:
Vault Cycle + Box + Move
10 Franklin Street
Rochester, NY 14604585-683-0804Stephanie@vaultrochester.com
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
All matters relating to the Website and the terms of the Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by STEPHANIE GREEN
Vault Cycle + Box + Move
10 Franklin Street
Rochester, NY 14604585-683-0804Stephanie@vaultrochester.com
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com