USE OF THIS SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
This web site (the "Site") contains pages and materials (referred to herein as "Vollrath Materials") made available for download and viewing by The Vollrath Company, LLC. ("Vollrath" or "we"). The Site may also contain pages and material (referred to herein as "Third Party Materials") made available by advertisers, sponsors and other content contributors ("Content Contributors") for downloading and viewing.
THIS WEB SITE TERMS AND CONDITIONS OF USE ("TERMS") IS A LEGALLY BINDING AGREEMENT BETWEEN EACH USER (INCLUDING ANY REGISTERED USER, TRIAL USER, VISITOR, AGGREGATOR, SELLER OF CONTENT, PURCHASER OF CONTENT OR PURCHASER OF ANY VOLLRATH SERVICE) ("YOU" AND "YOUR") AND VOLLRATH. BY USING THE SITE OR SERVICES, YOU AGREE THAT YOU UNDERSTAND THE TERMS, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THESE TERMS SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SITE AND ANY SERVICE PROVIDED BY VOLLRATH. AS USED HEREIN, "SERVICES" INCLUDES USE OF ANY VERSION OF ANY VOLLRATH SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT USE THE SITE OR SERVICES.
C. Changes to Terms
We may revise these Terms at any time and from time-to-time, and by your continued use of the Site you agree to be bound by future revisions. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. It is your responsibility to periodically visit the "Terms and Conditions" link at the bottom of the Site to review the most current version of the Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time and from time-to-time, without prior notice to you.
Use of and membership in the Site or the Services is void where prohibited. The Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Site by anyone under thirteen (13) is unauthorized, unlicensed and in violation of these Terms. By using the Services or the Site, you represent and warrant that you are thirteen (13) years of age or older.
E. Use of Vollrath Materials
All Vollrath Materials on the Site are protected by federal and international copyright and trademark laws and are the property of Vollrath and its affiliates. No portion of the Vollrath Materials may be used, reprinted, republished, modified, reproduced or distributed in any form, in whole or in part, without the prior, express written permission of Vollrath, except that you may view or download Vollrath Materials on any single computer for your own personal, non-commercial use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded Vollrath Materials and you shall comply with any applicable end user license agreements. As a condition of your use of the Site, you warrant to Vollrath that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. If you breach any of these Terms, your authorization to use the Site shall automatically and immediately terminate and you must immediately destroy any downloaded or printed materials.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Services or the Site in any manner that could damage, disable, overburden or impair the Site. Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by Vollrath or its vendors and licensors.
F. Registration Data; Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Vollrath, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
G. Accuracy of Vollrath Materials
Although Vollrath attempts to ensure the integrity and accurateness of the Vollrath Materials, it makes no guarantees whatsoever as to their correctness or accuracy. It is possible that the Vollrath Materials could include inaccuracies and errors, and that unauthorized additions, deletions and alterations could be made to these materials by third parties. In the event that an inaccuracy or error arises, please inform Vollrath so that it can be addressed. Information contained on the Site may be changed or updated without notice. Vollrath does not guarantee the integrity or accurateness of any content uploaded to the Site by any user or by any other third party, and Vollrath shall not be responsible for any content uploaded to the Site by any user, or by any other third party.
H. Use of Third-Party Materials
All Third-Party Materials on the Site are the responsibility of their respective authors, creators and owners. Vollrath does not investigate, monitor or check for accuracy, appropriateness or completeness of Third Party Materials, and we are not responsible for any Third Party sites accessed through the Site or any Third Party applications, software or content posted on, available through or installed from the Site, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party sites or the Third Party applications, software or content. Inclusion of, linking to or permitting the use or installation of any Third-Party site or any Third-Party applications, software or content does not imply approval or endorsement thereof by Vollrath, and the views and opinions expressed in Third Party Materials are not necessarily those of Vollrath or its affiliates. If you decide to leave the Site and access the Third-Party sites or to use or install any Third-Party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site. Please be advised that Third Party Materials may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce or distribute Third Party Materials may be limited accordingly.
I. Your Account
You may create an account to access and use certain services and other features on the Site. You agree to provide only true and correct information in establishing your account. You are responsible for all activities conducted using your account and you are solely responsible for safeguarding your password and other access information. You will notify Vollrath immediately if you believe the security of your account has been compromised. You may not use the account of another user without the other user's prior authorization.
J. Use of Submissions
Site, and you are solely responsible for the accuracy, completeness and truthfulness of any information and materials that you submit or provide to us and for ensuring that you have the necessary rights to submit such information and materials for use by us.
You agree to indemnify and hold harmless Vollrath, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Services or the Site, your conduct in connection with the Services or the Site or with other users of the Services or the Site, or any violation of these Terms or of any law or the rights of any Third Party.
The Site and the Services may be temporarily unavailable from time-to-time for maintenance or other reasons. Vollrath assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. Vollrath is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including, but not limited to, injury or damage to your or to any other person's computer, mobile phone or other hardware or software, related to or resulting from using or downloading materials in connection with the Web or in connection with the Services. Under no circumstances will Vollrath be responsible for any loss or damage, including, but not limited to, any loss or damage to
any Submissions, any other user content, or personal injury or death, resulting from anyone's use of the Site or the Services, any Submissions, any other user content, or Third Party Material posted on or through the Site or the Services or transmitted to users, or any interactions between users of the Site, whether online or offline.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE- RELATED SERVICE, IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY HYPERLINKED WEB SITES.
M. Limitation of Liability
VOLLRATH AND ITS AFFILIATES, VENDORS, LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES, SUBMISSIONS OR INFORMATION CONTAINED WITHIN
THE SITE, OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES AND HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
N. Trademark Notice
The Site includes numerous Vollrath trademarks, service marks and logos, including, but not limited to, those marks followed by the ® symbol or the T symbol (collectively, the "Vollrath Marks"). The Vollrath Marks and trade dress are the sole and exclusive property of Vollrath, and may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. By continuing to access the Site, you acknowledge this, and agree not to use, copy or imitate, in whole or in part, the Vollrath Marks or trade dress without Vollrath's prior, written permission. Fair use of the Vollrath Marks requires proper acknowledgment. Other terms may also be used in this Site, which may be the trademarks, service marks or logos of third parties. The appearance of these terms should not be interpreted to imply that Vollrath is affiliated with, connected with or sponsored by these entities.
It is Vollrath's policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. Vollrath reserves the unilateral right to remove any material posted to the Site for any reason, without liability or obligation of any kind. Vollrath reserves the right to withhold access to and not replace Third Party Materials unless ordered to do so by a court or other tribunal of competent jurisdiction.
As provided in the Digital Millennium Copyright Act (DMCA), we have designated the following individual for notification of potential copyright infringement regarding the Site:
Christina Wegner, Vice President of Marketing
1236 North 18th Street, Sheboygan, WI 53081
If you believe any Services or Submissions available through the Site infringes a copyright, please provide the following information to the person identified above:
1. A physical or electronic signature of the copyright owner or authorized agent;
2. identification of the copyrighted works claimed to have been infringed;
3. identification of the material that is claimed to be infringing or to be the subject of the infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;
4. information regarding how we may contact you (e.g., mailing address, telephone number, e-mail
5. a statement that the copyright owner or its authorized agent has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright owner, its agent or
the law; and
6. a statement that the information in the notification is accurate, and made under penalty of
perjury, and, if an agent is providing the notification, a statement that the agent is authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed.
P. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Vollrath has adopted a policy of terminating, in appropriate circumstances and at Vollrath's sole discretion, members who are deemed to be repeat infringers. Vollrath may also in its sole discretion limit access to the Site and terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, or otherwise use the Site in violation of these Terms or other applicable terms.
Q. Links to the Site
Without Vollrath's express, prior and written permission, it is expressly prohibited to do any of the following: (a) "frame" the Site or any Submissions or otherwise cause the Site or any Submissions to appear in a window with any other material that does not constitute Submissions; (b) cause the hyperlink to the Site, or the Site, or any Services or Submissions, to be displayed in any way that is disparaging to Vollrath or any entity that is affiliated or associated with Vollrath; or (c) otherwise imply or state that any type of relationship or special arrangements exist with Vollrath and any other entity. If you desire to provide a hyperlink from your web site to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement. Click [here] to access our Hyperlink License Agreement.
R. Other Web Sites
Vollrath makes no representations whatsoever about any other web site that you may access though the Site. When you access a non-Vollrath web site, please understand that it is independent from Vollrath, and that Vollrath has no control over the content on that web site. In addition, a hyperlink to a non-Vollrath web site does not mean that Vollrath endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use, or download from that site, is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws. If you decide to access any of the Third-Party sites linked to the Site, you do this entirely at your own risk.
S. Choice of Law and Venue
These Terms are entered into in the State of Wisconsin, U.S.A., and shall be governed by and construed in accordance with the laws of the State of Wisconsin, U.S.A., exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Milwaukee in the State of Wisconsin, U.S.A., and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions in these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Vollrath may delete your profile and any content or information that you have posted on the Site or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time, in its sole discretion, with or without notice.
V. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to Vollrath that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. If Vollrath is informed that you are making a possibly unlawful or prohibited use of the Site, Vollrath may unilaterally deny your further access to the Site or any portion thereof, without liability or obligation of any kind.
USE OF THE SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS. PLEASE READ THIS INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS YOU MUST PROMPTLY EXIT THIS SITE.
W. Entire Agreement
These Terms constitute the entire agreement between Vollrath and you pertaining to the subject matter hereof. In its sole discretion, Vollrath may modify these Terms by posting the revised version on this Site, and by continuing to use this Site, you agree to be bound by any such modifications. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Site.