Terms of Use Agreement for web site
vicsweepers.com
This Terms of Use Agreement (the “Agreement”)
sets forth the standards of use of the Vicsweepers.com website and
its content (the “Website”). By
using the Website you (the “User” sometimes referred to as “you”
or “your”) agree to these terms and conditions and the establishment
of a legal contract between you and Victory Sweepers, Inc. (hereafter
referred to as “Victory Sweepers” and sometimes as “we” or “us”). If
you do not agree to the terms and conditions of this Agreement, you should
immediately cease all usage of the Website. We reserve the right, at
any time, to modify, alter, or update the terms and conditions of this
Agreement without prior notice. Your use of the Website constitutes
an acknowledgment and acceptance of the Agreement and its modifications..
1. Description of web site
Victory Sweepers is providing the User access for viewing information
about and the potential purchase of products and services offered by
Victory Sweepers. For the convenience of the User, additional information
and third party website links are also provided pertinent to Victory
Sweepers’ business. To the extent that the terms provided herein
conflict with the terms of any agreements entered into with Victory Sweepers,
these terms are subordinate to the terms of those other agreements, if
any.
2. Disclaimer of Warranties.
THE SITE IS PROVIDED BY VICTORY SWEEPERS ON AN “AS IS” AND ON AN “AS
AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VICTORY
SWEEPERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEBSITE IN TERMS
OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. VICTORY SWEPERS
SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE.
VICTORY SWEEPERS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION
PROVIDED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3. LIMITATION OF LIABILITY
VICTORY SWEPERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN
PARTICULAR VICTORY SWEPERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS
OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE
OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN
IF VICTORY SWEEPERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
4. Indemnification
User agrees to indemnify and hold Victory Sweepers, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any third party
due to or arising out of User’s utilization of the Website, the violation
of this Agreement, or infringement by User, or any other user of the
Website using User’s computer, of any intellectual property or any other
right of any person or entity.
5. Modifications and Interruption to the Availability of the
Website
Victory Sweepers reserves the right to modify or discontinue the Website
with or without notice to the User. Victory Sweepers shall not
be liable to User or any third party should Victory Sweepers exercise
its right to modify or discontinue the Website. User acknowledges and
accepts that Victory Sweepers do not guarantee continuous, uninterrupted
or secure access to the Website and operation of the Website may be interfered
with or adversely affected by numerous factors or circumstances outside
of their control.
6. Third-Party Sites
The Website may include links to other sites on the Internet that are
owned and operated by online merchants and other third parties. You acknowledge
that we are not responsible for the availability of, or the content located
on or through, any third-party site. You should contact the site administrator
or webmaster for those third-party sites if you have any concerns regarding
such links or the content located on such sites. Your use of those third-party
sites is subject to the terms of use and privacy policies of each site,
and we are not responsible for those terms or policies.
7. Governing Jurisdiction of the Courts of Alabama
Users of the Website agree to submit to the laws of the State of Alabama,
USA, and applicable federal law without regard to conflicts of laws principles
and hereby consent to the exclusive jurisdiction and venue of the courts,
tribunals, agencies and other dispute resolution organizations in Birmingham,
Alabama, USA in all disputes (a) arising out of, relating to, or concerning
the Website and/or this Agreement, (b) in which the Website and/or this
Agreement is an issue or a material fact, or (c) in which the Website
and/or this Agreement is referenced in a paper filed in a court, tribunal,
agency or other dispute resolution organization. Use of the Website is
unauthorized in any jurisdiction that does not give full effect to all
provisions of this Agreement, including without limitation this paragraph
and the warranty disclaimers and liability exclusions above.
8. Compliance
with Laws.
User assumes all knowledge of applicable law and is responsible for compliance
with any such laws. User may not use the Website in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. User further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local,
state, national, or international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site design,
home designs, text, graphics, interfaces, and the selection and arrangements
thereof is protected under Federal and International copyright laws,
and is the property of Victory Sweepers and/or third parties protected
by intellectual property rights. Any use of materials on the Website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining,
or other commercial exploitation of any kind, without prior written permission
of an authorized officer of Victory Sweepers is strictly prohibited.
User agrees that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the content
contained therein without prior written permission of an authorized officer
of Victory Sweepers. “Victory Sweepers” and “Vicsweepers.com” are
proprietary trademarks of Victory Sweepers. Victory Sweepers’ trademarks
may not be used in connection with any product or service that is not
provided by Victory Sweepers, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Victory
Sweepers. All other trademarks displayed on the Website are the
trademarks of their respective owners, and constitute neither an endorsement
nor a recommendation of those third parties. In addition, such use of
trademarks or links to the websites of others is not intended to imply,
directly or indirectly, that those third parties endorse or have any
affiliation with Victory Sweepers.
10. Botnets and Cookies
Victory Sweepers retains the right, at its sole discretion, to terminate
any access involved with botnets and related activities. If any hostnames
are used as command and control points for botnets, Victory Sweepers
reserves the right to direct the involved hostnames to a honeypot, loopback
address, logging facility, or any other destination at their discretion. Victory
Sweepers reserves the right to store information on a user's computer
in the form of a "cookie" or similar file for purposes of modifying
the Website to reflect or recall Users' preferences.
11. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision)
shall not be affected thereby and shall remain valid and enforceable
to the maximum possible extent. You agree that this Agreement and any
other agreements referenced herein may be assigned by Victory Sweepers,
in their sole discretion, to a third party in the event of a merger or
acquisition. Except as indicated above, this Agreement shall apply in
addition to, and shall not be superseded by, any other written agreement
between us in relation to your use of this Website as a User. User agrees
that by accepting this Agreement, User is consenting to the use and disclosure
of their personally identifiable information.
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