Effective Date: October 30, 2018
Use of Site/Updates to Site
This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site you represent and warrant that you are of legal age to form a binding contract with this Site and meet all of the foregoing eligibility requirements. We make no claims that this Site or any of its content is accessible or appropriate or may be used or downloaded outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site. If you do not meet all of these requirements, you must not access or use the Site. We reserve the right to modify these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of these Terms. If your account is suspended or terminated, for any reason, you may not create a new account.
By visiting the Site or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. By submitting a telephone number to us you agree that a representative of VACUUBRAND, Inc. can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive our services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt out of receiving electronic communications from us you may do so by contacting us at firstname.lastname@example.org or by using the unsubscribe option included with our communications.
Accessing the Site
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your Internet connection are aware of these Terms and comply with them.
Online Orders; Shipping; Return & Exchange Policy
All purchases through our Site or other transactions for the sale of goods formed through the Site or as a result of visits made by you are governed by our Terms and Conditions of Sale at www.vacuu-lan.com which are hereby incorporated into these Terms.
Intellectual Property Rights
The trademarks, service marks, trade names, and trade dress on and copyrights to and the content of this Site are the property of VACUUBRAND, Inc. or its content suppliers and protected by United States and international laws. Nothing in this Site grants you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Site without prior written permission of BrandTech. Your use or misuse of any intellectual property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited. This restriction includes copying, reproducing, or modifying any content of this Site for any purpose other than your own personal use.
We welcome any comments you may have regarding the Site, its products, and services. Any such comments or content you submit to us, such as remarks, suggestions, ideas, graphics, or other information, becomes and remains the exclusive property of VACUUBRAND, Inc., even if these Terms or any other agreement you have entered into with us is later terminated or amended. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submissions you make, including its legality, reliability, appropriateness, originality, and copyright.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not use the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries) or is otherwise prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree that VACUUBRAND, Inc. shall decide, in its sole discretion, if your conduct violates any aspect of these Terms and that VACUUBRAND, Inc. may take whatever action it deems appropriate to address such violation, including without limitation notification of appropriate authorities and removal of your access to the Site and/or cancellation of any services.
Monitoring and Enforcement; Termination
We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, and terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS VACUUBRAND, INC.FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VACUUBRAND, INC.DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VACUUBRAND, INC.OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by a third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Infringement Notification Procedure. If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Site infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such information should be sent to email@example.com. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
Counternotice. If you have had your content removed under the above take-down procedure, and believe that the content is not infringing, you may send a counternotice containing the following information to firstname.lastname@example.org:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counternotice is received by BrandTech, VACUUBRAND, Inc. may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counternotice, at VACUUBRAND, Inc.’s sole discretion.
Information About You and Your Visits to the Site
External Third-Party Links
For your convenience, we may provide links to websites or resources owned and operated by unrelated third parties. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:
- you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
- you do not misrepresent your relationship with us or present any false information about us;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.
If you choose to link to our Site in breach of this section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
Disclaimer of Warranties
All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site. We may make improvements and/or changes to any of the products depicted or described herein at any time. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING TITLE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
WITHOUT LIMITING THE FOREGOING, NEITHER VACUUBRAND, INC.NOR ANYONE ASSOCIATED WITH VACUUBRAND, INC.REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. VACUUBRAND, INC.HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless VACUUBRAND, Inc., its affiliates, licensors, and services providers, and its and their respective officers, directors, employees, agents, licensors, suppliers, and successors and assigns from and against any claims, actions or demands, damages, awards, losses, costs, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, or relating to your use of and access to the Site, your use of any information obtained from the Site, or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright, or other proprietary or privacy right.
These Terms are governed under the laws of the State of Connecticut without regard to its conflict of law provisions. Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, reexport, or import any data on our Site, as may be required.
Our Contact Information
At your request and where the law requires us to do so, we will make good faith efforts to confirm what personal information we hold about you, update your information, remove your information, fulfill specific opt out requests, and/or correct any inaccuracies in such personal information if you contact us at email@example.com to submit such requests. We may decline to process a request that is unreasonable, jeopardizes the rights or privacy of others, is impractical or for which access is not otherwise required. All feedback, complaints, comments and requests for technical support and other communications relating to the Site should be directed to:
11 Bokum Road
Essex, CT 06426-1506