When using the Vac-Tech website, and all websites within the Vac-Tech network (the “Websites”), you agree to the following terms and conditions (the “Terms of Use”). You can always check out the most current version of these Terms of Use at this page. In addition, when using Websites, you shall be subject to any posted guidelines applicable to that particular website. If you do not agree to these Terms of Use please do not use any of the Websites and do not register to be a member of any Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these terms periodically for changes. Your continued use of the Websites following the posting of changes to these terms (including Vac-Tech ’s Forum Guidelines) will mean you accept those changes.
Websites’ Privacy Policy
The Company collects, stores and uses data collected from you in accordance with the Company’s Privacy Policy and E.U. Privacy Policy, both of which are expressly incorporated in these Terms of Use.
Community Standards and Conduct in Websites Forums
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Websites’ Service. Vac-Tech does not control all of the Content posted via the Websites’ Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Websites’ Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Vac-Tech be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Websites.
You agree to not use the Websites (including the Websites Forums described below) to:
upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a Vac-Tech or Websites official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose; upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Websites’ Service or an Websites’ Forum are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in meaningful exchanges; interfere with or disrupt the Websites Service or servers or networks connected to the Websites’ Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites’ Service; intentionally or unintentionally violate any applicable local, state, national or international law; “stalk” or otherwise harass another member or user of the Websites’ Service; or collect or store personal data about other users or members. A “Forum” refers to any chat area, bulletin board, “instant messaging” or virtual community offered as part of the Websites’ Service.
All Websites’ Forum communications are public and not private communications. You shall remain solely responsible for the content of your messages. Although Vac-Tech reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
Your privilege to use the Websites’ Forums and contribute to discussions on the Websites’ Forums depends on your compliance with the member conduct guidelines set forth above. Vac-Tech may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, Vac-Tech , in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.
Vac-Tech reserves the right to monitor some, all, or no areas of Websites’ Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, Vac-Tech is acting as a passive conduit for such distribution and Vac-Tech is not undertaking any obligation or liability relating to any content or activities on the Web Site or in any Forum or Forum area.
Submissions
By posting or submitting content to Websites, you grant Vac-Tech and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Vac-Tech will not infringe or violate the rights of any third party.
By sending scripts, creative suggestions, ideas, notes, drawings, documents, or other information, collectively “Contributions”, directly to Vac-Tech through website contact forms, email, voicemail, non-electronic mail or other means of direct communication, you, the Sender, acknowledge and agree that your contribution automatically becomes the property of Vac-Tech without any obligation to you. Vac-Tech may reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the contribution in any form, anywhere and for any purpose without compensation to you. You warrant and represent that you own or otherwise control all of the rights to the contribution and by Vac-Tech using your contribution, Vac-Tech will not infringe or violate the rights of any third party.
Links
The Websites’ Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Vac-Tech has no control over such sites and resources, you acknowledge and agree that Vac-Tech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Vac-Tech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VAC-TECH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VAC-TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Vac-Tech SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES’ SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES’ SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES’ SERVICE. IN NO EVENT SHALL VAC-TECH S’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VAC-TECH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE WEBSITES’ SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY Vac-Tech OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that Vac-Tech , in its sole discretion, may terminate your password, account (or any part thereof) or use of the Websites’ Service, and remove and discard any Content within the Websites’ Service, for any or no reason. Vac-Tech may also in its sole discretion and at any time discontinue providing the Websites’ Service, or any part thereof, with or without notice. You agree that any termination of your access to the Websites’ Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Websites’ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Websites’ Service. Further, you agree that Websites’ shall not be liable to you or any third-party for any termination of your access to the Websites’ Service.
Governing Law and Other Miscellaneous Terms
The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Arizona, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEBSITES’ SERVICE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF VAC-TECH , MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN MARICOPA COUNTY, ARIZONA (OR THE APPROPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
COPYRIGHT AND COPYRIGHT NOTICES
Vac-Tech respects the intellectual property of others, and we ask our users to do the same. Vac-Tech may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Vac-Tech ’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact Vac-Tech ’s Copyright Agent for Notice of claims of copyright infringement on:
Copyright Agent
Vac-Tech
3821 E. Broadway Rd, Suite 9
Phoenix, AZ 84040
copyright@vactech.com
(Adopted January 1, 2014)