TERMS AND CONDITIONS OF USE
This Verti-Crete Incorporated User Agreement (the “User Agreement”) sets forth the terms and conditions which apply to your use of the Verti-Crete Websites (defined below). By using the Verti-Crete Websites, you agree to the terms of this User Agreement just as if you had signed the User Agreement. If you do not agree to the terms and conditions contained herein, you should terminate use of the Verti-Crete Websites immediately. Verti-Crete Incorporated, or any of its related, affiliated or subsidiary companies, (together, “Verti-Crete”), reserves the right to modify or amend the User Agreement at any time without prior notice. By accessing the Verti-Crete Websites you signify your agreement to this User Agreement as it has been modified or amended.
Restrictions on Use
Material from www.verti-crete.com, or any other website owned, operated, licensed, or controlled by Verti-Crete, its related, affiliated or subsidiary companies (together, the “Verti-Crete Websites”), may not be copied, distributed, republished, uploaded, posted or transmitted in any way, without prior written consent of Verti-Crete. EXCEPTIONS: Product sell sheets, brochures and manuals may be downloaded for their intended use, provided that you do not delete or change any copyright, trademark or other proprietary information or notices. Modification or use of the materials for any other purpose violates Verti-Crete’ intellectual property rights. The material on this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Verti-Crete. Neither title nor intellectual property rights are transferred to you, but remain with Verti-Crete, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to any human perceivable form. It is a condition of your use of the Verti-Crete Websites that you do not: (i) restrict or inhibit any other user from using and enjoying the Verti-Crete Websites; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, nation or international law; (iii) post or transmit comments containing harassing or offensive language; (iv) post or transmit any information, software or other material which is an invasion of privacy or publicity rights or which is protected copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (v) post or transmit any information, software or other material which contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising; (viii) solicit other users to join, become members of, or contribute money to any online service or organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; and (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.
Products and Services
The Verti-Crete Websites may contain links to other Internet sites on the World Wide Web. Verti-Crete provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Verti-Crete Websites. Links from the Verti-Crete Websites to any other website do not mean that Verti-Crete approves of, endorses, or recommends that website. Verti-Crete disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website. Verti-Crete specifically disclaims any responsibility if such sites: (i) infringe any third party’s intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory. The products and services on the Verti-Crete Websites may not be available for purchase and/or use in your particular country or locality. The reference to such products and services on the Verti-Crete Websites does not imply or warrant that these products or services will be available at any time in your particular location. You should check with a local Verti-Crete authorized representative for the availability of specific products and services in your area.
Limitation of Liability
Verti-Crete makes no guarantee of the availability of the Verti-Crete Websites and reserves the right to change, withdraw, suspend or discontinue any functionality or feature of the Verti-Crete Websites at any time. IN NO EVENT WILL VERTI-CRETE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE VERTI-CRETE WEBSITES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, VERTI-CRETE’ REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE VERTI-CRETE WEBSITES FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. You agree to defend, indemnify and hold harmless Verti-Crete, its affiliates and its respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (ii) any misrepresentation made by you in connection with your use of the Verti-Crete Websites, (iii) any non-compliance by you with the terms and conditions of this User Agreement, and (iv) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Verti-Crete Websites, including information obtained through any offered services, sell sheets, brochures or manuals.
Trademarks and Other Proprietary Information
The formation, construction and interpretation of this User Agreement shall be controlled by the laws of the State of Utah, U.S.A., exclusive of its conflict of law provisions. The headings used in this User Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this User Agreement or any provision hereof.
Verti-Crete or you may terminate this agreement at any time. You may terminate this agreement by destroying: (i) all materials obtained from all Verti-Crete Websites, and (ii) all related documentation, copies and installations. Verti-Crete may terminate this agreement immediately without notice if, in its sole discretion, you breach any term or condition of this agreement. Upon termination, you must destroy all materials in any way related to or taken from the Verti-Crete Websites.
Any correspondence or questions should be mailed to:
Attn: Legal Department