Agreement Between User and Divergent Business, LLC.

This Website (“Website”) is owned and maintained by Divergent Business, LLC doing business as Vanguard Technology Group. The terms “we”, “us”, or “our” herein refer to Divergent Business, Vanguard Technology Group, and any affiliate or subsidiary.

Please read these Terms of Use carefully. Your access and use of the Website is subject to your acceptance of the following Terms of Use, as well as compliance with any applicable laws and regulations. If you do not accept these Terms of Use and agree to be bound by them and/or any applicable law, then you are not authorized to access or use this Website, including any content or services offered herein. Your access and use of this Website constitutes and signals your agreement to be bound by these Terms of Use and any applicable law. These Terms of Use apply only to the use of the Website, and do not change or alter any agreement or contract between you and Divergent Business.

International Users

The Website is controlled and operated by Divergent Business from offices within the United States of America. The Website is operated and intended for the use of persons residing in the United States only. If you do not reside within the United States, you are not authorized to access or use this Website. Divergent Business does not represent those materials on the Website, including products and services discussed herein, are appropriate or available for use outside of the United States, or that access to the Website’s content is legal in countries and/or territories other than the United States.

Privacy Policy or Online Privacy Notice

Divergent Business’s Online Privacy Notice describes our collection, use, and protection of personal information we gather from you, both while you visit our Website and/or through the purchase of our products and services. We urge you to read our Online Privacy Notice.

Modification Without Notice

Divergent Business may, at any time, for any reason and without notice, modify, change, discontinue, update, or supplement these Terms of Use, including any products or services offered through or described in this Website. Any such modification, change, discontinuance update or supplement shall be effective upon posting. Any products or services offered through this Website also may be subject to these changes. We recommend that you review Terms of Use each time you access or use this Website. By continuing to use the Website after such changes are posted, you will be deemed to have accepted such changes.

Linked Websites

This Website may contain links to other websites (“Linked Websites”). Linked Websites are not under the control of Divergent Business; nor are they owned, operated, or monitored by Divergent Business. Divergent Business makes no representation regarding, and shall not be responsible for, the content or accuracy of any Linked Website. Divergent Business shall not be responsible for any communication received from any Linked Website. When a website is a Linked Website, it does not imply, suggest, or express any endorsement or recommendation of such website, third-party, or any products or services provided in connection with such website. This Website has Linked Websites for your convenience only.

No person or organization may link this Website, or any portion of it, from their own website without the express written consent of Divergent Business. All inquiries to have our Website linked may be directed to:

Postal Mail: 112 3rd St. Unit 952, Holly Springs, NC 27540

Email Privacy: [email protected]

ACCESS AND USE

Scope of Use – Limited License and Site Access

Website or Websites: www.divergentbusiness.com, divergent.business, www.vanguardtechnologygroup.com

Divergent Business grants you a limited license to access and use the content on these Websites solely for your informational, noncommercial use. Neither these Websites nor any of its content may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for commercial purposes without the express written consent of Divergent Business.

Trademarks

Certain trademarks, including Divergent Business and Vanguard Technology Group, are the registered service marks of Divergent Business and Vanguard Technology Group. The domain name of the Website, as well as certain content of the Website, constitute service marks, trademarks, logos, and/or trade dress of Divergent Business and Vanguard Technology Group. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on this Website are the property of their respective owners.

Nothing contained on this Website should be construed as granting, either implied or express, any license or right to use any trademark herein. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without our prior written authorization. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Divergent Business or Vanguard Technology Group without our express written consent. You may not use any meta-tags or any other “hidden text” utilizing our name or service marks without our express written consent. Any unauthorized use of such intellectual property will result in termination of access to, or use of, this Website.

Copyright

The Website is protected by U.S. copyright laws. Unless otherwise expressly stated, this Website and all content herein are the copyrighted work of Divergent Business, Vanguard Technology Group, or third-party content suppliers. You may download information from this Website and print out a hard copy for your personal informational use, pursuant to the Scope of Use above, provided you keep intact and do not remove or alter any copyright or other notice contained in the information. We do not warrant or represent that your use of any content of this Website will not infringe rights of any third parties.

No Unlawful or Prohibited Use

As a material condition of your use of this Website, you represent and warrant that you will not use this Website for any unlawful use or purpose, and/or any use or purpose prohibited by these Terms of Use. In addition to any action or conduct that would violate applicable law, or any other Term of Use herein, it is prohibited to access or use this Website – or any content herein – (i) for any unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any system or any network(s) connected to such server, or (iii) to interfere with any person’s or organization’s use and enjoyment of this Website, or (iv) to gain unauthorized access to any other accounts, computers, information systems, or networks through hacking, password mining, or any other means to circumvent or obviate a security protocol, or (v) to access systems, data, or information in any manner or for any purpose that violates the Scope of Use above.

In addition, you agree to not do the following while using or in any connection with the use of this Website:

• Upload or otherwise transmit or disseminate any message, material, image, data, software, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene or otherwise objectionable, or that may invade another’s right of privacy or publicity.
• Create a false identity for the purpose to mislead or impersonate any person or entity, including but not limited to any Divergent Business or Vanguard Technology Group representative or agent, or otherwise falsely state or imply your affiliation with such person or entity.
• Upload, transmit or otherwise disseminate files that contain malware, including viruses, Trojan horses, ransomware, worms, time bombs, cancel-bots, corrupted files, or any other software or programs that may damage the operation of another’s computer, information system, data, or property.
• Upload, transmit or otherwise disseminate any material you are not authorized to Upload, transmit or otherwise disseminate, including infringement of any intellectual property right, or deletion of any author attributions, legal notices, or proprietary designations.
• Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise.
• Manipulate or otherwise display this website by using framing, mirroring or similar navigational technology.
• Harvest or otherwise collect information about others, including e-mail addresses, user profiles, and passwords.

You hereby acknowledge and agree that violation, or anticipatory violation, of these Terms of Use may not have an adequate remedy at law, and may be subject to equitable relief, including injunction.

Termination/Access Restriction

Divergent Business/Vanguard Technology Group reserves the right, at its sole discretion, to restrict or terminate your access to this Website, and/or any related products or services or portion thereof on this Website or related to it, without notice. Divergent Business/Vanguard Technology Group reserves the right to take whatever lawful action it may deem appropriate in response to any actual or suspected use of this Website, in violation of these Terms of Use, and/or applicable law. Such actions may include the suspension or termination of the user’s access to this Website and/or to seek injunctive relief. Except as may be expressly limited by Divergent Business/Vanguard Technology Group’s Online Privacy Notice, posted, Divergent Business/Vanguard Technology Group reserves the right to disclose any information it deems necessary to satisfy or protect itself under any applicable law, regulation, legal process, or governmental request. Divergent Business/Vanguard Technology Group reserves the right to seek all remedies available at law and in equity for violation or anticipatory violation of these Terms of Use.

User Submissions

Except for personal information subject to Divergent Business/Vanguard Technology Group’s Online Privacy Notice, by providing information or materials through the Website, you are granting us permission to use and share such information in connection with its operations and conduct of business, and/or to disclose such information as necessary to satisfy any law, regulation, or governmental request.

Third-Party Services

Certain commercial services may be offered by third parties through the Website. Divergent Business is not and will not be responsible for: (i) the terms and conditions of any transaction between you and any such third- party, (ii) any insufficiency of or problems with any such third-party’s background, insurance, credit or licensing, (iii) the quality of services performed by any such third-party, or (iv) any other legal liability arising out of or related to the performance of such services. Because we are not involved in the actual transaction between you and any such third-party, in the event you have a dispute with any such third-party, you release Divergent Business and its affiliates, agents, and employees from any and all claims arising out of or in any way connected with such disputes. If you are a California resident, you waive the California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Username and Password

You are responsible for maintaining the confidentiality of your username and password in connection with this Website. You may not share your username and password or transfer it to any third-party. You are responsible for all uses of your username and password, any and all related changes, whether or not authorized by you. You agree to immediately notify Divergent Business of any suspected or actual unauthorized use of your username and password, and/or any actual or suspected other breach of security relating to your username and password. Divergent Business will not be liable for any loss that you may incur as a result of someone else using your username and password, either with or without your knowledge. However, you could be held liable for losses incurred by Divergent Business or another party due to someone else using your username and password.

DISCLAIMERS

No Professional Advice or Representation of Eligibility

The content on this Website is intended for general information purposes only as a convenience to you and is not intended as or constitute advice upon which you may rely for legal, professional, financial, or other decisions. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions, and/or conditions applicable to any product or service, including any insurance policy issued by Divergent Business. Should you purchase a product or service from Divergent Business, the terms, exclusions, and conditions applicable to that transaction will govern such purchase, and your use of this Website does not affect that purchase or the product or service in any manner. Divergent Business makes no warranty or guarantee regarding the accuracy, completeness, or adequacy of the information contained on or linked to this Website.

Not all of the products or services described on this Website are available in all states. You may not be eligible for all of the insurance products or services described on this website. Divergent Business at its sole discretion reserves the right to determine eligibility for such products or services. No product or service is offered on this Website to a person or for a location outside of the United States.

No Warranties

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE (“CONTENT”) ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND DIVERGENT BUSINESS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OF SUITABILITY, ACCURACY, AVAILABILITY, TIMELINESS, OR RELIABILITY. DIVERGENT BUSINESS FURTHER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT DIVERGENT BUSINESS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF DIVERGENT BUSINESS HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, PRODUCTS AND SERVICES, CONTENT OR SOFTWARE, OR ANY OTHER MATTER RELATED TO (DIRECTLY OR INDIRECTLY) THIS WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE OR ASSERT ANY CAUSE OF ACTION AGAINST DIVERGENT BUSINESS, OR TO PARTICIPATE IN A CLASS ACTION SUIT, FOR ANY LOSSES OR DAMAGES ARISING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply.

Indemnification

You agree to indemnify, defend and hold harmless Divergent Business, as well as its officers, directors, employees, attorneys, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising (directly or indirectly) from your use of the Website or any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the site to you or others, you agree to be responsible for and indemnify any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising (directly or indirectly) from that disruption. Divergent Business reserves the right to assume exclusive defense and control of any defense or matter otherwise subject to indemnification or defense of Divergent Business. In such case, you agree to cooperate with Divergent Business fully.

GENERAL TERMS AND CONDITIONS

Governing Law, Severability, Entire Agreement

These Terms of Use are governed by the laws of North Carolina without regard to choice of law provisions or Conflicts of law analysis. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

These Terms of Use, Divergent Business/Vanguard Technology Group’s Online Privacy Notice, and any other policies that Divergent Business/Vanguard Technology Group may post on this Website constitute the entire agreement between Divergent Business/Vanguard Technology Group and you in connection with your use of this Website, and any content herein. This agreement supersedes any prior agreements between Divergent Business/Vanguard Technology Group and you regarding use of this Website and Content herein, including prior versions of these Terms of Use.

Divergent Business/Vanguard Technology Group may update these Terms of Use from time to time by posting revisions on this Website, without notice. Your subsequent use of the Website indicates your acceptance of and is governed by those new Terms of Use. These Terms of Use are effective until terminated or updated by Divergent Business/Vanguard Technology Group at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in these Terms of Use will survive.

Arbitration

Any controversy or claim arising out of or in connection with these Terms of Use or access or use of the website shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Raleigh, North Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction.

Contact Information

Please send all questions, comments or notice regarding these Terms of Use to Divergent Business, 112 3rd St. Unit 952, Holly Springs, NC 27540, United States.