1. Overview
1.1 The following terms of use (the “Terms of Use”, “Agreement”) are a binding legal agreement between you and Vacalon Company Inc (“Company”), a U.S. company based in Pickerington, Ohio, USA, on behalf of itself and its affiliates under common ownership and control (collectively, “Vacalon”). These Terms of Use govern your use of any website operated by or on behalf of Vacalon that links to these Terms of Use (the “Website”, “Websites”).
1.2 Depending on where you reside, some provisions of these Terms of Use may not apply to you. The provisions of these Terms of Use shall apply to the maximum extent permitted by applicable local law.
2. Acceptance of Terms
2.1 By using the Websites, you signify your agreement to the Terms of Use and warrant that you possess the legal right and ability to use the Websites in accordance with these Terms of Use.
2.2 If you do not agree to all of these Terms of Use, you must immediately cease use of the Websites. Vacalon reserves the right, at its discretion, to update or revise the Terms of Use without notice to you. Your continued use of the Websites following an update to these Terms of Use constitutes your acceptance of those updates.
3. Scope of Use
3.1 Vacalon grants you a limited, non-exclusive, non-transferable right to access and use the Vacalon website solely for lawful purposes and in accordance with this Permitted Use of Site statement. By accessing or using the Website, you agree to abide by this statement.
3.2 You agree to use the Website only for its intended purpose and in compliance with all applicable laws and regulations. You shall not:
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website or its underlying technology.
- Use the Website in a manner that violates the rights of Vacalon or any third party.
- Use the Website for any unauthorized or unlawful purpose.
- Engage in any activity that could disrupt, impair, or interfere with the proper functioning of the Website.
- Copy, reproduce, distribute, transmit, display, perform, or create derivative works from any content on the Website without prior written permission from Vacalon or the respective content owner.
4. Copyrights
4.1 The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Vacalon. The collective work includes works that are licensed to Vacalon. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Vacalon or purchasing Vacalon products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Vacalon or to purchase Vacalon products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Vacalon. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
5. Participation Disclaimer
5.1 Vacalon does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Vacalon is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Vacalon reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Vacalon in its sole discretion.
6. User Contributions
6.1 If you choose to submit or post any content on the Website, such as comments, reviews, or messages, you retain ownership of your content. However, by submitting or posting content, you grant Vacalon a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for any purpose.
6.2 Any materials, information, or ideas that you transmit to or post to the Website or the Subsites (Transmitted Material) is deemed non-confidential and non-proprietary and Vacalon has no obligations including without limitation confidentiality obligations in connection with the Transmitted Material.
7. Third-Party Links
7.1 In an attempt to provide increased value to our visitors, Vacalon may link to sites operated by third parties. However, even if the third party is affiliated with Vacalon, Vacalon has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Vacalon. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Vacalon seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well.
7.2 Except for this Website and the Subsites, Vacalon does not operate or maintain contents on Websites that are directly or indirectly linked from this Website or the Subsites (the Linked Sites). Any reference to a Linked Site or to a specific third party's product or service on the Website, the Subsites, or a Linked Site, is not a recommendation by Vacalon. Vacalon disclaims liabilities for access to and use of Linked Sites. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Disclaimers of Warranties
8.1 The Website and its content are provided on an "as is" and "as available" basis without any warranties, express or implied. Vacalon Company Inc. disclaims all warranties, including but not limited to warranties of accuracy, completeness, reliability, merchantability, and fitness for a particular purpose.
8.2 Vacalon Company Inc. does not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Any reliance you place on the Website and its content is at your own risk.
9. Limitation of Liability
9.1 To the extent permitted by applicable law, Vacalon Company Inc. shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Website or any content therein.
10. Indemnification
10.1 You agree to indemnify and hold harmless Vacalon Company Inc., its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses, including reasonable attorneys' fees, arising out of your use of the Website or any violation of this Agreement.
11. Modification and Termination
11.1 These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Vacalon without notice at any time, for any reason.
11.2 Vacalon Company Inc. reserves the right to modify, suspend, or terminate the Website or any part thereof, at any time without notice. We may also update, modify, or terminate this Agreement from time to time without prior notice. Continued use of the Website after any such changes shall constitute your consent to the updated Agreement.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
11.3 Vacalon, reserves the right, in its sole discretion, to terminate your access to all or part of the Websites, with or without notice to you. You agree that Vacalon shall not be liable to you or any third party for any termination of your access to the Websites. Upon termination, the provisions of these Terms of Use that, by their nature are intended to survive termination or expiration shall continue to have effect.
12. Miscellaneous
12.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles.
12.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Fairfield County, Ohio.
12.3 The failure of Vacalon to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Vacalon may assign its rights and duties under this Agreement to any party at any time without notice to you.
12.4 Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Vacalon of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
13. Typographical Errors
13.1 In the event that a Vacalon product is mistakenly listed at an incorrect price, Vacalon reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Vacalon reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Vacalon shall issue a credit to your credit card account in the amount of the incorrect price.
13.2 The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
14. Copyright and Trademarks
The name of Vacalon or the Vacalon logo may not be used in advertising or publicity pertaining to distribution of this information without specific, prior written permission.
Vacalon, the Vacalon logo, Quickcheck are trademarks or registered trademarks of Vacalon Company, Inc in the United States and other countries.
All other trademarks, service marks and trade names of Vacalon used in the site are trademarks or registered trademarks of Vacalon Company Inc.
All other trademarks mentioned herein are the property of their respective owners.
If you have any questions regarding our terms, please contact us at:
Vacalon Company Inc
12960 Stonecreek Dr Ste C
Pickerington OH 43147
614.577.1945
e-mail: info@vacalon.com
Last Updated: June 6, 2023