TERMS AND CONDITIONS OF USE (“Terms and Conditions”)
Effective: May 2011
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE VVF LLC NORTH AMERICA WEB SITE (THE “SITE”). YOUR ACCESSING, BROWSING, AND USING OF THE SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCESSING, BROWSING, AND USING OF THIS SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO USE THIS SITE.
VVF LLC NORTH AMERICA MAY, AT ANY TIME AND FOR ANY REASON, MODIFY, REVISE, OR UPDATE THESE TERMS AND CONDITIONS, BY UPDATING THIS POSTING. YOUR CONTINUED USE OF THIS SITE WILL BE CONDITIONED UPON THE TERMS AND CONDITIONS IN FORCE AT THE TIME OF YOUR USE.
1. OWNERSHIP. The Site is owned and operated by VVF LLC North America (“VVF”). The mailing address for VVF is 1705 Kansas Avenue, Kansas City, KS 66105. More information regarding VVF may be found at https://www.vvfllc.com.
2. USE OF THE SITE. VVF grants you a limited, personal, non-transferable, non-exclusive, non-sublicenseable, revocable license to access and use the Site only as expressly permitted in these Terms and Conditions. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights, title, interest or license not expressly granted herein are reserved.
3. SITE CONTENT. The Site and its contents are intended solely for the use of VVF users and customers and may only be used in accordance with these Terms and Conditions. All materials displayed or performed on the Site, without limitation, the information, data, software, text, photographs, graphs, images, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, news articles, audio clips, video clips, written and other material and compilations (collectively, the “Content”) are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this these Terms and Conditions), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content in whole or in part. You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from VVF, or from the copyright holder identified in such Content’s copyright notice.
4. NOTIFICATION OF COPYRIGHT INFRINGEMENT. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide VVF with written notice (“Notice”). Such Notice should be provided only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site.
5. TRADEMARKS. Unless otherwise indicated all product names, trade names, trade dress, corporate logos, emblems and any other intellectual property displayed on this Site are trademarks. They are proprietary to VVF or VVF is otherwise entitled to use such trademarks. No license is granted to you by the use of these trademarks on this Site. Any unauthorized use of these trademarks is expressly prohibited.
6. RESTRICTIONS. You are responsible for all of your activity in connection with accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any VVF user.
You are expressly prohibited from using the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site. You further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent.
7. SUBMISSIONS. You are welcome to submit comments regarding the Site. However, by sending any comments, feedback, notes, messages, ideas, suggestions or other communications (“User Submissions”), you hereby grant to VVF a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such User Submissions, in all media now known or hereafter developed. You hereby waive any claim against VVF for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Submissions.
You agree to submit only User Submissions that are proper, lawful, and related to the purposes of the Site. You agree that you will not, and will not permit others to, submit any User Submissions that: (i) infringe any intellectual property, privacy, or publicity rights of a third party; (ii) are obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to a third party; (iii) constitute, or encourage conduct that would constitute, a criminal office, give rise to civil liability, or otherwise violate law; (iv) contain a virus or other harmful component; (v) constitute or contain false or misleading indications of origin, statements of fact, or impersonations of another person or entity; (vi) constitute advertising or solicitation of business; (vii) disrupt the normal flow of activity on the Site; or (viii) constitute chain letters, pyramid schemes, virus hoaxes, false alarm messages, “spam,” or similar material.
9. INTERNATIONAL USE. Accessing materials on this Site by certain persons in certain countries may not be lawful, and VVF makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States.
10. WARRANTY DISCLAIMER. VVF has no special relationship with or fiduciary duty to you and you expressly agree that the use of this Site is at your sole risk. You acknowledge that VVF has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. No express or implied representation or warranty is given for the topicality, correctness, completeness and/or quality of the information provided on this web site. You release VVF and its shareholders, directors, officers, agents, or employees from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. VVF makes no representations or warranties concerning any Content contained in or accessed through the Site, and VVF will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE CONTENT AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§ 2701-2711). VVF makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web site linked to the Site. VVF will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on VVF ’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
13. LIMITATION OF LIABILITY. Under no circumstances shall VVF be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of VVF or its affiliates has been advised or should have known of the possibility of such damages. If you are dissatisfied with the Site or any content on the Site, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. Any offers encompassed on this web site are non-binding and without obligation.
14. LINKS. This Site contains links to other VVF owned websites as well as may contain links to other third party websites which are not owned or operated by VVF . Such links to third party websites are provided solely as a convenience to you and not as an endorsement by VVF , its third party providers, or distributors of the contents of such other websites. VVF cannot control and shall not be held responsible for any content provided on said third-party websites. In particular, VVF does not approve the content of third party websites or adopt such content as VVF ’s own content. VVF does not make any representation or warranty regarding any third party websites or the content or materials on such websites. The providers of such third party websites are solely responsible for such third party websites and the content provided thereon. Therefore, VVF disclaims any and all liability for damage or injury resulting from access or use of such third party websites or content provided thereon. Such links contained on this Site are for your convenience only. Access and use of such third party websites is at your own risk.
15. ATTORNEYS’ FEES. If VVF takes any action to enforce these Terms and Conditions, it will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which VVF may be entitled.
16. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of these Terms and Conditions will cause such damage to VVF as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that VVF shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by VVF in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
17. NOTIFICATION AND CONTACT INFORMATION. To the extent that VVF may need to contact you, you agree that VVF may do so via any electronic means, including, but not limited to, communication posted on the Site or electronic mail. If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Site offered by VVF , please contact us in writing at the address below.
VVF LLC North America
Attn: HR Manager
1705 Kansas Avenue
Kansas City, Kansas 66105
18. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. VVF shall not be liable for any failure to perform its obligations hereunder when such failure results from any cause beyond VVF ’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable, transferable, or sublicensable by you except with VVF ’s prior written consent.
This Site is operated by a U.S. entity and these Terms and Conditions are governed by the laws of the State of Kansas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Nyandat County, Kansas, USA, without regard to the conflict of laws provisions thereof. Both parties agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms and Conditions, and that all modifications, with the exception of those made by VFF, must be in a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind VVF in any respect whatsoever.