These Terms of Use (Terms) apply to your access to Vacalon.com (the Website) and to Websites of Vacalon Company, Inc (Vacalon) that are linked directly or indirectly from this Website. Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
I. Ownership of Rights and Limitation of Use
All contents on this Website or the Subsites and all copyrights, trademarks and any other intellectual property rights related to these contents are owned or licensed by Vacalon or the owner of such contents. Except to the extent expressly permitted by applicable law, no contents on this Website or the Subsites may be used, copied, modified, translated, distributed or otherwise utilized without the prior permission of Vacalon or the owner of the contents. Vacalon reserves the right to add, delete, or modify these Terms or the contents of this Website or the Subsites at any time without notice.
II. Disclaimers of Warranties
This site and the contents, materials, products on this Website or the Subsites are provided "AS IS" without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law Vacalon disclaims all warranties, express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement of third parties' rights. Vacalon does not warrant that the contents will be error-free or uninterrupted, that the defects will be corrected, or that the site or server that makes the site available are free of viruses or other harmful components. Vacalon will use reasonable efforts to place accurate and up-to-date information on this Website but makes no warranty or representations of its accuracy, adequacy, usefulness, reliability, completeness, timeliness or otherwise. Some states do not permit limitations or exclusions on warranties, so the above may not apply to you.
III. Disclaimer of Links
Except for this Website and the Subsites, Vacalon does not operate or maintain contents on Websites that are directly or indirectly linked from this Website or the Subsites (the Linked Sites). Any reference to a Linked Site or to a specific third party's product or service on the Website, the Subsites, or a Linked Site, is not a recommendation by Vacalon. Vacalon disclaims liabilities for access to and use of Linked Sites. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
IV. Limitation of Liability
Vacalon is not liable for direct, indirect, incidental, consequential, punitive, or other damages (including, but not limited to, economic losses, lost profits, lost revenues, or lost data) arising out of the access to or inability to access to this Website, the Subsites or the Linked Sites, even if advised of the possibility of such damages.
V. Transmitted Materials
Any materials, information, or ideas that you transmit to or post to the Website or the Subsites (Transmitted Material) is deemed non-confidential and non-proprietary and Vacalon has no obligations including without limitation confidentiality obligations in connection with the Transmitted Material.
VI. Linking to the Website
Permission is granted to link to the Website if you comply with the following linking policy: your site must not slander or damage Vacalon or contain inappropriate content; you may not create a frame around Vacalon content or create any impression by any other method that the content does not belong to Vacalon; you must use our name correctly: This permission terminates automatically if you breach any terms or conditions of these Terms or any applicable terms of use on the Subsites. Upon termination, you must remove any link. Please place your link in the following way: "https://www.vacalon.com", you may place links to other pages on the Website, but specific pages or materials on the Website may have unique terms of use and you must comply with those terms.
VII. Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Vacalon products) shall be in the state or federal courts located in Fairfield County, Ohio. Vacalon's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Vacalon may assign its rights and duties under this Agreement to any party at any time without notice to you.
VIII. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Vacalon or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
IX. Participation Disclaimer
Vacalon does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Vacalon is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Vacalon reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Vacalon in its sole discretion.
X. Indemnification
You agree to indemnify, defend, and hold harmless Vacalon, its officers, directors, employees, agents, licensors and suppliers (collectively the Service Providers) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
XI. Third-Party Links
In an attempt to provide increased value to our visitors, Vacalon may link to sites operated by third parties. However, even if the third party is affiliated with Vacalon, Vacalon has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Vacalon. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Vacalon seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well.
XII. Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Vacalon without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
XIII. Typographical Errors
In the event that a Vacalon product is mistakenly listed at an incorrect price, Vacalon reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Vacalon reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Vacalon shall issue a credit to your credit card account in the amount of the incorrect price.
XIV. Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Vacalon. The collective work includes works that are licensed to Vacalon. Copyright 2011, Vacalon Company Inc, All Rights Reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Vacalon or purchasing Vacalon products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Vacalon or to purchase Vacalon products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Vacalon. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
XV. Notice
Vacalon may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Vacalon.
If you have any questions regarding our terms, please contact us at info@vacalon.com
Copyrights and Trademarks
The name of Vacalon or the Vacalon logo may not be used in advertising or publicity pertaining to distribution of this information without specific, prior written permission.
Vacalon, the Vacalon logo, Quickcheck are trademarks or registered trademarks of Vacalon Company, Inc in the United States and other countries.
All other trademarks, service marks and trade names of Vacalon used in the site are trademarks or registered trademarks of Vacalon Company Inc.
All other trademarks mentioned herein are the property of their respective owners.