| WELCOME! Please read
these terms and conditions carefully before viewing or using
any portion of our website.
TERMS AND CONDITIONS
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Acceptance.
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This Agreement describes your agreement with
Vector Products, Inc. d/b/a Vector Manufacturing (“Vector”)
with respect to your use of this website (the “Website”).
You hereby agree to abide by all of the terms and conditions
contained in this Agreement in order to continue viewing or
using the Website.
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Vector reserves the right to change, modify,
add or remove any portion of this Agreement, in whole or in
part, at any time in its sole and absolute discretion.
Changes in this Agreement will be posted at the Website, and
made available through the “terms and conditions”
link. It is important for you to refer to this Agreement
from time to time to make sure that you are aware of any additions,
revisions, or modifications that we may have made to this
Agreement. Your continued use of the Website after any
changes are made, shall be deemed your acceptance of the changes.
v Copyright.
The Website is protected by copyright pursuant to U.S. copyright
laws, international conventions and other copyright laws.
The contents of the Website
are only for your personal, noncommercial use. All materials
contained on the Website are owned or controlled by Vector
or the party credited as the provider of the content.
You agree to abide by any and all additional copyright notices,
information, or restrictions contained in any part of the
Website. Copying or storing of any content from the
Website (except incidental storage by a Web browser) is expressly
prohibited without prior written permission from Vector or
the copyright holder as identified on the Website.
v Trademarks. Vector owns many trademarks that appear on the Website.
The trademarks of Vector’s retailers, licensors and
others also appear on the Website. You agree not to
use Vector’s trademarks without Vector’s express
written authorization and agree not to use the trademarks
of Vector’s retailers, licensors and others. In
addition, you agree not to delete any trademark or similar
notice from any content that you obtain from the Website.
v Unsolicited Idea Submission Policy. Vector and/or any of its employees
do not accept or consider unsolicited ideas, including but
not limited to, ideas for new products or technologies, product
enhancements, advertising campaigns, marketing plans, promotions,
new product names. In order to avoid potential misunderstandings
or disputes about ideas of Vector’s that may seem similar
to ideas submitted to Vector, please do not send Vector and/or
any of its employees any unsolicited ideas, original creative
artwork, suggestions or other works. If you ignore our
request and send your ideas, the following terms shall apply
to your idea submission: Terms of Submission:
You agree that: (1) your ideas and all intellectual property
rights associated with your idea will automatically become
the property of Vector, without compensation to you, and (2)
Vector can use the ideas for any purpose and in any way it
determines in its sole discretion.
v Changes to the Website. Vector may change, suspend or discontinue
any aspect of the Website at any time. Vector
may also impose limits on certain features and services or
restrict access to parts or the entire Website without notice
or liability.
v Representations
and Warranties. You represent, warrant and covenant
that:
Ø You are at least eighteen years old; and
Ø You will not upload, post, transmit, distribute
or otherwise publish through the Website any materials
which:
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Restrict
or inhibit any other user from using and enjoying the Website;
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Are unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, profane, or indecent;
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Constitute or encourage conduct that would constitute
a criminal offense, give rise to civil liability or otherwise
violate the law;
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Violate, plagiarize or infringe the rights of
any third party including, without limitation, copyright,
trademark, patent, rights of privacy or publicity, or any
other right of any third party;
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Contain a virus or other harmful or potentially
harmful component;
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Contain any information advertising of any kind;
and/or
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Constitute
or contain false or misleading indications of origin or statements
of fact.
v Content.
Vector does not guaranty or warrant the accuracy or reliability
of any message, advice, statement, or other information displayed
or distributed through the Website. You acknowledge
that any reliance upon any such message, advice, statement,
or information shall be at your sole risk. Vector has
the right, but not the obligation, to correct any errors or
omissions in any portion of the Website without liability
to you.
Ø
Vector strives
to provide you with the updated product information through
the Website. Despite our efforts, the information may
occasionally contain errors, omissions, inaccuracies, or outdated
information. Vector makes no representations or warranties
as to the completeness, accuracy, adequacy, currency or reliability
of any information provided to you through the Website, and
shall not be liable for any lack of the foregoing.
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We do not represent or warrant that every action
you take with regard to your activities on the Website will
be lawful in any particular jurisdiction. It is incumbent
upon you to know the laws that pertain to you in your jurisdiction
and act lawfully at all times when using the Website.
v Links
to Other Sites. The Website contains links to
many of the fine retailers that sell Vector-made products.
These links are provided for informational purposes only,
and should not be considered to be an endorsement of those
retailers. The Website may also contain links and pointers
to other World Wide Web sites and resources. If you
click on these links, you will be transported to other websites
that are neither owned nor controlled by Vector (collectively,
“Third Party Sites”). Vector has no control
over the statements, products or services featured or sold
at the Third Party Sites. Links to Third Party Sites
do not constitute an endorsement by Vector of the Third Party
Sites, nor any of the statements, products or services offered
or sold at the Third Party Sites.
v Links From Other Sites. Any other party that links to the Website:
Ø Shall not create a browser or border environment
around any of the content of the Website;
Ø May link to the Website’s homepage (i.e.,
www.Vectormfg.com), but shall not “deep link”
past the homepage or replicate the Website’s content;
Ø Shall not imply that the Website or Vector is endorsing
or sponsoring it or its products;
Ø Shall not present false information about Vector
or its products or services;
Ø Shall not use Trademarks without the prior written
permission from Vector; and,
Ø
Shall not
contain content that could be construed as distasteful, offensive
or controversial.
v WARRANTY; LIMITATIONS.
Ø THE WEBSITE, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS,
PRODUCTS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED
THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED “AS IS.”
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VECTOR MAKES NO
REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT:
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THE CONTENT
ON THE WEBSITE;
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THE CONTENT,
OFFERS, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH
THE WEBSITE; AND/OR,
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ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION
OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
Ø VECTOR
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES FOR THE WEBSITE
INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. VECTOR DOES NOT WARRANT
THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
THAT ERRORS OR OMISSIONS WILL BE CORRECTED; OR THAT THE WEBSITE
OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. VECTOR SHALL NOT BE LIABLE
FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION,
THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS
LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES
SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S
LAW IS APPLICABLE TO THIS AGREEMENT.
Ø VECTOR
DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE
ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT,
SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND
THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT
AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR
ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS
OR USE THE WEBSITE.
v Limitation of Liability. Under no circumstances shall Vector be liable
for any special, incidental, indirect or consequential damages
that are directly or indirectly related to the use of, or
the inability to use, the Website even if Vector has been
advised of the possibility of such damages. Some states
do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion
may not apply to you.
v Indemnity. You agree to indemnify
Vector, its officers, employees, owners, representatives,
agents, subsidiaries, affiliates, officers, partners, suppliers,
and licensors (hereinafter individually and collectively referred
to as "Indemnitees") and Vector agrees to control
any litigation, negotiations, discussions, settlements, or
associated dealings, for any claims, demands, penalties, fines,
liabilities, attorneys' fees, court costs, legal expenses
and causes of action of any nature, whether civil or criminal,
for losses and/or damages of any kind which may be brought
against Vector and/or Indemnitees, in any way, directly or
indirectly, incident to, arising out of, in connection with
or resulting from your use of the Website.
v
Maryland Law and Jurisdiction.
Notwithstanding any provision to the contrary, this Agreement
and the interpretation of its terms shall be governed and
construed in accordance with the laws of the State of Maryland,
excluding conflict of laws provisions and excluding the 1980
United Nations Convention on Contracts for the International
Sale of Goods. The parties consent to the sole and exclusive
jurisdiction and venue of the Maryland state courts in Baltimore
County, Maryland, for all state court matters, and the United
States District Court for the District of Maryland for all
federal court matters and pendant state claims.
v
Miscellaneous. This Agreement
contains the sole and entire agreement between the parties
with respect to the subject matter of this Agreement and supersedes
any and all other prior written or oral agreements between
them. Captions contained in this Agreement are inserted
only as a matter of convenience or for reference and in no
way define, limit, extend, or describe the scope of this Agreement
or the intent of any provision of this Agreement. It
is the intent of the parties that neither this Agreement,
nor any covenant in this Agreement, shall be construed against
either party pursuant to the common law rule of construction
against the drafter. If any provision of this Agreement
shall be held invalid or unenforceable by any court of competent
jurisdiction or as a result of future legislative action,
such holding or action shall be strictly construed and shall
not affect the validity or effect of any other provision of
this Agreement.
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