WEBSITE TERMS AND CONDITIONS OF USE
Thank you for visiting Vomela.com (the “Site”). Vomel.com (“Vomela”) owns the Site and all its content. Your use of the Site is governed by the following terms and conditions.
A. Use of this Site:
Vomela grants you a limited license to access this Site provided you do not modify, alter, or download (other than page caching) any portion of it. The permission granted to you shall terminate automatically if you breach any of the terms and conditions set forth in this Agreement. Vomela reserves the right to modify or remove any materials or products listed on the Site at any time without notice.
B. Prohibited use of this Site:
You shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Vomela. You agree not to interfere, disrupt or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program or engage in any other activity deemed by Vomela to be in conflict with the spirit or intent of this Agreement.
You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site including all hardware, software, electrical, and other physical requirements for your use of this Site, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs, and services required to access and use the Site.
You shall be solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Site with your password. If you use this Site, you are responsible for maintaining the confidentiality of your account and password. You also are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. Vomela and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree that from time to time this Site may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which Vomela may undertake from time to time; or (3) causes beyond the control of Vomela or which are not reasonably foreseeable.
The following trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are Trademarks of Vomela. All other brand names not exclusively licensed to Vomela on this Site are owned by their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing in this Agreement grants you any license or right to use any Trademarks displayed on this Site without the express written permission of Vomela. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos or use any meta tags or any other “hidden text” utilizing any Vomela Trademarks without the express written consent of Vomela. Any unauthorized use terminates the limited license granted by Vomela in Section I (A) of this Agreement. The following is a list of Vomela’s Trademarks, but is not intended to limit the number of Trademarks owned or licensed to Vomela:
- Vomela West
- C2 Imaging
- Corporate Identity Systems
- Harbor Graphics
- B2B Media
- Motorsports Designs
H. Copyrighted works:
All content contained in this Site, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communications programs, Internet links, electronic mail services, user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases is owned by Vomela. Some product listings, photographs, and descriptions contained on the Site are owned by their respective owners. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal noncommercial use) from the Site without the prior express written permission of Vomela and the appropriate third party as applicable.
I. Product Descriptions:
Vomela and its affiliates attempt to be as accurate as possible. However, Vomela does not warrant that product descriptions and images or other content on this Site are accurate, complete, reliable, current, or error free. Although Vomela has made every effort to display and describe the likeness of each product (including, without limitation, colors, sizes, images, and designs) as accurately as possible, it is possible that the displayed likeness of the products will depend upon the graphic image as well as the quality of your computer monitor. Vomela cannot guarantee that the Site or your computer monitor will accurately portray the actual likeness of the products. The product images shown are intended for representational purposes only and Vomela reserves the right to substitute a similar image for the one described in the product information in the event an actual image of the product cannot be provided.
In the event you have a dispute with a purchase, service, or any product offered on this Site, you agree to release Vomela and its affiliated companies, members, governors, directors, officers, employees, and agents from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the dispute. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify, hold harmless, and defend Vomela, its affiliated companies, members, governors, directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorney fees, asserted by any person, arising out of or relating to: (1) this Agreement; (2) your use of this Site, including any data or work transmitted or received by you; and (3) any prohibited use of the Site as set forth in Section 1(b).
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Vomela reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (1) remove or disable access to all or any portion of the Site; (2) suspend your access to or use of all or any portion of the Site; and (3) terminate this Agreement.
Vomela shall have the right, at any time and without notice, to add to or modify the terms of this Agreement. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party’s last known post office, facsimile, or e-mail address, respectively. User hereby consents to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.
This Agreement is made in and shall be governed by the laws of the State of Minnesota without reference to conflict of laws.
All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Minnesota. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Minnesota. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Minnesota and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in the State of Minnesota.
The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action, or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions, or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of Minnesota.
S. Entire Agreement:
This Agreement constitutes the full and final representation of the parties understanding and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties concerning the subject matter of this Agreement.