1. Legal Notices
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
This website (the “Site”) is provided by Valco Melton and its subsidiaries and divisions (collectively, “Valco Melton”, “We” or “Our”) for informational purposes only. These terms and conditions form a binding agreement (the “Agreement”) between you and Valco Melton. Use of this Site constitutes your acceptance to be bound by the terms and conditions set forth herein. If you do not agree to abide by these terms and conditions, do not use this Site or the information provided in any way.
The material contained on this Site is derived in whole or in part from material provided by Valco Melton and is protected by international copyright and trademark laws. Valco Melton enforces its intellectual property rights to the fullest extent of the law. Nothing on this Site should be construed as granting any license or right to use any trademark displayed on the Site without the prior written permission of the trademark owner.
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including the warranty disclaimers and liability exclusions below. Valco Melton has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that the materials on this Site are appropriate or available for use in any particular jurisdictions.
You agree that Valco Melton may at any time and without notice change the terms, conditions, and notices under which this Site is offered. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Valco Melton as a result of this Agreement or your use of this Site. This Agreement constitutes the entire agreement between you and Valco Melton with respect to this Site. This Agreement supersedes all prior or contemporaneous communications with respect to this Site.
2. General Terms and Conditions
Valco Melton grants you permission to view, print and download pages in their entirety from this Site for your personal, non-commercial use, provided that you agree to accept, without modification, the notices, terms, and conditions set forth herein. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not modify, distribute, reproduce, transfer, create derivative works, or sell any information, products, or services from this Site. In addition, you represent and warrant to Valco Melton that you will not use this Site for any purpose that is unlawful, immoral, or prohibited by these terms, conditions, and notices and that (a) you will not upload, post or transmit to or distribute or otherwise publish through this Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
If you do not agree and accept without modification the terms and conditions set forth herein, please suspend your use of this Site.
3. Copyrights and Trademarks
The trademarks, service marks, and logos (collectively the “trademarks”) used and displayed on this Site are registered and unregistered trademarks of Valco Melton and others. All materials, including text, graphic images, compilations, designs, icons, illustrations, photographs, video/audio clips, and other documentation contained on this Site, unless otherwise indicated, are the intellectual property of Valco Melton and are protected by U.S. and international copyright laws.
All graphics, logos, names, and other features bearing the symbols ™, SM, or ® are trademarks or registered trademarks of Valco Melton and must not be removed or altered in any manner that is likely to cause confusion among customers, or used in any manner that disparages or discredits Valco Melton. By using this Site, you agree to abide by all applicable laws in connection with the intellectual property rights of Valco Melton.
You may download any part of our Site for personal, non-commercial use only, but agree not to republish or redistribute any content, whether in printed or electronic format, to any third party. You may also provide an HTML link to any page of our Site. No part of this Site may be used within another website, without the express written consent of Valco Melton. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
4. Errors and Inaccuracies
This Site may contain typographical errors or inaccuracies and may not be complete or current. Valco Melton reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.
5. Links to Other Web Sites
This Site may contain links to websites that are controlled and operated by other entities, including our business partners, vendors, and affiliates. Unless expressly disclosed otherwise, these links are included solely for your convenience and do not constitute any endorsement by Valco Melton of the websites linked or referred to, or the content of such websites, nor does Valco Melton have any control over any content or terms and conditions of use of any such websites. Further, Valco Melton does not maintain these third-party websites and does not make any representations regarding the availability or accuracy of content or materials on such websites. Information presented on such websites is provided “as is” and without warranty of any kind, express or implied. If you decide to access third-party websites through links on our Site, you do so at your own risk. Your use of third-party websites is subject to any terms and conditions of use of those websites which you should read immediately prior to using such websites. In addition, inclusion of a link does not imply that Valco Melton is authorized to use any trade name, trademark, logo, legal or official seal that may be contained in the linked site.
6. User Submissions, User Information and Privacy Policy
Valco Melton welcomes your comments regarding our products and services and appreciates hearing from you. Please note, however, that Valco Melton does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on our products and services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Valco Melton creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of Valco Melton. User Submissions and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Valco Melton’s part, and Valco Melton will not be liable for any use or disclosure of any User Submission. Valco Melton shall exclusively own all now known or later discovered rights to the User Submissions and shall be entitled to unrestricted use of the User Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
When you register on the Site or contact us through the Site, you may be asked to create an account and provide Valco Melton with certain information, including but not limited to, a name, valid email address, phone number and zip code (“User Information”).
All User Information will be used in accordance with the terms of Valco Melton’s Privacy Policy. Please note, as set forth in the Privacy Policy, that Valco Melton may collect certain User Information and may contact you periodically in accordance with the terms of the Privacy Policy. In addition, Valco Melton reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information.
7. Equal Opportunity Employer
Valco Melton may make employment information available through this Site. Valco Melton is an equal opportunity employer to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability.
8. Disclaimer and Limitation of Liability
VALCO MELTON PROVIDES THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. VALCO MELTON MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE.
VALCO MELTON SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VALCO MELTON SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH USE OF THIS SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE.
Valco Melton does not represent that the information is accurate, complete, or current or that the Site will operate without interruption or error. Your use of this Site is at your own risk. In no event will Valco Melton or any of its agents, employees, officers, directors, vendors, suppliers, or affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of use of this site, the material contained in this Site, the delay or inability to use this Site, or otherwise arising in connection with this Site, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of any such damages. Under no circumstances will Valco Melton be liable for any loss of data, income, or profits as a result of usage of this Site.
Some states do not allow the exclusion of limitation for incidental or consequential damages, so the above exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, the aggregate liability of Valco Melton under such circumstances for liabilities that otherwise would have been limited shall not exceed One Hundred U.S. Dollars ($100).
9. International Users and Applicable Law
This Site is controlled, operated and administered by Valco Melton from its corporate headquarters in Cincinnati, Ohio, United States of America. Valco Melton makes no representations or warranties regarding the suitability or availability of the materials contained on this Site for use outside the United States. Access to this Site from international locations where the content of said Site is illegal is strictly prohibited. This Site may not be used to export materials contained herein in violation of United States export laws and regulations. If this Site is accessed from locations outside of the United States, the user is responsible for compliance with all local laws.
This Agreement and your use of this Site shall be governed by and construed in accordance with the internal laws of the state of Ohio, without regard to its conflicts of laws provisions or interpretations. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or your use of this Web site shall be an appropriate state or federal court located in the State of Ohio.
10. Indemnification and Termination
You agree to defend, indemnify, and hold Valco Melton, its affiliates, and their respective officers, directors, shareholders, agents, and employees harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, related to or arising, directly or indirectly, out of your use or your inability to use this Site. This Agreement is effective unless and until terminated by Valco Melton.
11. Conduct and Security Rules
Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. You agree to notify Valco Melton immediately of any unauthorized uses of your registration and password.
You may not delete or revise any material posted by any other person or entity.
If you receive access to information or material that is not available to the general public through the Site, you are not permitted to share or make such information or material public, and you agree to comply with any additional restrictions issued by Valco Melton at the time you access the information or material.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violation of these security rules may result in civil or criminal liability. Valco Melton will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
This Agreement constitutes the entire Agreement between Valco Melton and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Effective: April, 2013.
