Limitations of Use
You must be 18 years of age or older to access our Web Site or use our services. By accessing our Web Site, you agree not to upload, post, e-mail or otherwise send or 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 associated with the Web Site. You also agree not to interfere with the servers or networks connected to the Web Site or to violate any of the procedures, policies or regulations of networks connected to the Web Site, the terms of which are incorporated herein. You also agree not to (i) impersonate any other person while using the Web Site, (ii) conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Web Site, or (iii) use the Web Site for any unlawful purpose. You further agree to only submit content to the Web Site that is in compliance with all applicable laws, rules and regulations and is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. Vexcon Chemicals reserves the right to terminate your access to the Web Site or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Vexcon Chemical’s rights or interests in its Web Site, services, or other property; or for any or no reason whatsoever without prior notice to you.
Monitoring and Management of Content of Web Site
Some of the hyperlinks on the Web Site may lead to third-party web sites. These web sites are not controlled by, or affiliated with, Vexcon Chemicals. In addition, other web sites may link to our Web Sites. Vexcon Chemicals is not responsible for the content or privacy policies of these third-party web sites.
The elements of the Web Site, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software are protected by United States and international copyright, trademark, and trade dress laws and are the property of Vexcon Chemicals or its affiliates. The compilation of the content on the Web Site is the exclusive property of Vexcon Chemical.
The copyright in all materials provided on the Web Site is owned by Vexcon Chemicals or its affiliate(s). Except as stated herein, none of the material contained in the Web Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Vexcon Chemicals. Permission is hereby granted to view, copy, print and download the materials on the Web Site for personal, noncommercial use only provided such materials are used for informational purposes only, and all copies or portions thereof, include this copyright notice. Vexcon Chemicals may revoke any of the foregoing rights at any time. You may not, without Vexcon Chemicals prior written consent, “mirror” any material contained on the Web Site on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from the Web Site. Any unauthorized use of any material contained on the Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, StarSeal®, Certi-Vex®, StarSeal EF®, PowerCoat®, MoistureBloc®, Certi-Shine®, Paver Renue®, service marks and logos (“Trademarks”) used and displayed on the Web Site are registered or unregistered Trademarks of Vexcon Chemicals. Nothing on the Web Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Web Site without the prior written consent of Vexcon Chemical. Vexcon Chemical prohibits the use of any Vexcon Chemical logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by Vexcon Chemical in writing.
You are responsible for all information you provide to Vexcon Chemicals or post on the interactive site(s). If Vexcon Chemicals has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vexcon Chemicals has the right to suspend or terminate your account and refuse any and all current or future use of the site and hold you responsible for any claim or damages arising from such information. Any messages or other postings without a valid email address verification are subject to removal. Any information you post on this site is subject to disclosure to any regulatory or criminal authority or third party.
Information and messages you post on this site are posted at your own risk. Vexcon Chemicals is not responsible for and disclaims all liability related to your use of this site or reliance on the information posted on this site. Vexcon Chemicals is not responsible for the accuracy, content, or reliability of any information posted on this site by other users.
Use of Information and Materials Submitted to the Web Site
You acknowledge and agree that Materials submitted by you may be made available by Vexcon Chemicals for viewing, rating, reviewing, and commenting by the public. You acknowledge that comments or ratings that you disagree with or are unhappy about may be published or otherwise become associated with Materials that you submit to Vexcon Chemicals. By submitting Materials to Vexcon Chemicals, you waive any privacy expectations that you may have with respect to the Materials and agree that Vexcon Chemicals is not responsible or liable for any viewing, rating, reviewing, and commenting by the public with respect to any Materials.
By submitting Materials to Vexcon Chemicals, you represent and warrant that the Materials comply with all applicable laws, rules and regulations and do not infringe any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right (including without limitation intellectual property and proprietary rights) of any third party and that you have the full and unrestricted right to transfer the Materials to Vexcon Chemicals, free and clear of any claims or encumbrances. You agree to hold Vexcon Chemicals and its officers, directors, employees, agents, successors, and assigns harmless from and against—and hereby waive any right to pursue—any claims of any nature arising in connection with any breach of the foregoing representation and warranty and/or Vexcon Chemicals’ use of the Materials submitted to Vexcon Chemicals and used in any manner in Vexcon Chemicals’ sole and absolute discretion.
DISCLAIMER OF WARRANTY
THE CONTENT (IN WHATEVER FORM OR MEDIA) CONTAINED ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEB SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEB SITE; OR ANY CONDUCT BY USERS OF THE WEB SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, VEXCON CHEMICAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VEXCON CHEMICAL, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE WEB SITE, EVEN IF VEXCON CHEMICALS OR A VEXCON CHEMICAL REPRESENTATIVE 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. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Choice of Law