Website Terms of Use
Last Updated: November 30, 2011
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS AND CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS WITHOUT MODIFICATION BY YOU. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
1. Acceptance. This website, vadiodes.com, (this “Site”) is owned by Virginia Diodes, Inc., a Virginia stock corporation (“VDI”). The use of this Site is governed by these Terms of Use between each visitor to this Site (“you” (in its various grammatical forms)) and VDI. Your use of this Site constitutes your acceptance of these Terms of Use. The terms “we” “us” or “our” as used in these Terms of Use refer to VDI and any of its affiliates. THESE TERMS OF USE CONTAIN IMPORTANT PROVISIONS CONCERNING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING DISCLAIMERS OF WARRANTIES (SECTION 7) AND LIMITATION OF LIABILITY (SECTION 8).
2. Modification. From time to time, we may, without notice, update and make additions, deletions, or other modifications to these Terms of Use. We encourage you to review these Terms of Use each time you visit this Site so that you always will know of any material changes. You agree to be bound by all of the provisions of these Terms of Use that are displayed on this Site on the date that you use this Site even if such provisions have been modified, altered, or deleted since you last used this Site. Your use of this Site indicates your acceptance of all of the terms and conditions of these Terms of Use that are displayed on this Site on the date of such use. Notwithstanding the foregoing, no modification by us of these Terms of Use will apply retroactively.
3. Disclaimer. The Information provided on this Site is for informational purposes only, IT MAY NOT, FROM TIME TO TIME, BE CURRENT AND UP-TO-DATE, and is NOT meant to be a substitute for INFORMATION OR Advice provided by AN AUTHORIZED REPRESENTATIVE OF vdi, AN ENGINEER or other qualified PROFESSIONAL. YOU SHOULD NOT RELY UPON ANY STATEMENT OR INFORMATION ON THIS SITE WITHOUT FIRST DISCUSSING YOUR SITUATION WITH aN AUTHORIZED REPRESENTATIVE OF vdi. VDI EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL ACTS AND OMISSIONS TAKEN BY YOU IN RELIANCE UPON ANY INFORMATION OR MATERIALS PROVIDED ON THIS SITE.
YOUR Use of THIS SITE does not create a PROFESSIONAL relationship BETWEEN YOU AND VDI OR ANY REPRESENTATIVE EMPLOYED BY OR AFFILIATED WITH VDI. A CUSTOMER RELATIONSHIP WITH VDI WILL ONLY BE ESTABLISHED BY A WRITTEN AGREEMENT BETWEEN A YOU AND VDI. IF YOU SUBMIT INFORMATION TO US USING THE CONTACT INFORMATION PROVIDED ON THIS SITE, VDI IS UNDER NO OBLIGATION TO RESPOND TO YOUR INQUIRY OR TO PROVIDE YOU WITH ANY GOODS OR SERVICES RELATING TO SUCH INQUIRY AND YOUR SUBMISSION OF SUCH INQUIRY DOES NOT ESTABLISH A CUSTOMER RELATIONSHIP BETWEEN YOU AND VDI.
4. Links to Third Party Websites. We may provide links on this Site to other websites that are not under our control (“Third Party Sites”). In general, any website that has an address (or URL) not containing our domain name is a Third Party Site. These links are provided for convenience or reference only and do not indicate (a) any affiliation between the VDI and a Third Party Site; (b) VDI’s approval, sponsorship or endorsement of a Third Party Site or the organization or individual operating such Third Party Site; and/or (c) any of the information or content contained on such Third Party Site, including products or services that may be sold or advertised on a Third Party Site. We accept no responsibility for, and we expressly disclaim, any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that these Terms of Use contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted at such Third Party Site, including any privacy policy posted on such Third-Party Site. Your rights and obligations with respect to any of the products, services, information, or other content available at any Third Party Site will be determined by the terms and conditions, if any, posted at such Third Party Site. We encourage you to review the terms and conditions and any privacy statements posted on a Third Party Site, or to contact the operator of a Third Party Site prior to using or providing any information on such Third Party Site.
5. Ownership; Use of Site. This Site and all information and content contained on this Site are the sole and exclusive property of VDI, or are utilized and provided by VDI with the permission of the owner thereof. You may only use this Site only for your own personal, lawful, non-commercial purposes. You agree not to use this Site for any unlawful purposes or in connection with any illegal activity.
6. Use of Content. All intellectual property associated with, or incorporated within, this Site and the content available on this Site, together with all intellectual property rights associated therewith (including the worldwide copyrights therein and all patent, trademark and trade secret rights and protections arising under applicable laws), and all proprietary rights therein are owned by VDI or the third party owners thereof. These Terms of Use do not grant to you, and you shall not acquire, any right, title, or interest in and to this Site, any content available on this Site, or any intellectual property or proprietary rights associated with any of the foregoing, except for the following limited license: We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of this Site. This limited license includes the right to print one (1) copy of content that is available on this Site, except for images of people and endorsements or testimonials displayed on this Site, subject to the following terms and conditions: (a) you may only use such content in print format; (b) you may not make any commercial use of such content or distribute or disseminate such content in any manner; (c) all copyright, trademark or other proprietary notices that appear on any content must appear on all copies of content that you make, and may not be removed by you or altered in any manner; and (d) you may not use any content in any manner that suggests an association between us and any other person, entity or organization.
7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
A. YOUR USE OF THIS SITE IS AT YOUR RISK. THIS SITE AND ALL CONTENT AND INFORMATION AVAILABLE ON THIS SITE ARE PROVIDED "AS IS," “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
B. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE AND ALL CONTENT AND INFORMATION AVAILABLE ON THIS SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
C. WE DO NOT WARRANT OR GUARANTEE THAT: (I) ACCESS TO AND USE OF THIS SITE, (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF THIS SITE) WILL BE UNINTERRUPTED, FREE OF VIRUSES, ERRORS, HARMFUL COMPONENTS, OR OTHERWISE RELIABLE; OR (II) ANY DEFECTS OR ERRORS WITH THE SITE OR ANY INFORMATION ON THIS SITE WILL BE CORRECTED PROMPTLY OR AT ALL. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE OPERABILITY, RELIABILITY, AND PERFORMANCE OF THIS SITE.
D. WHILE WE WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION AND CONTENT ON THIS SITE, YOU SHOULD NOT ASSUME THAT ANY CONTENT OR INFORMATION PROVIDED IS ALWAYS UP-TO-DATE, ACCURATE OR COMPLETE, OR THAT THIS SITE CONTAINS ALL OF THE RELEVANT INFORMATION AVAILABLE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF THIS SITE, OR OF ANY CONTENT OR INFORMATION ON THIS SITE, AND WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY RELATED THERETO. YOUR USE OF, AND RELIANCE UPON, ANY CONTENT AND INFORMATION ON THIS SITE IS AT YOUR SOLE RISK.
8. Limitation of Liability. IN NO EVENT SHALL VDI, OR ANY OF ITS ENGINEERS, SCIENTISTS, Officers, MANAGERS, employees, consultants, contractors, agents OR affiliates (COLLECTIVELY, “VDI PARTIES”) BE LIABLE TO YOU FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND WHATSOEVER ARISING OUT OF, OR RELATING TO, DIRECTLY OR INDIRECTLY YOUR ACCESS, OR USE OF THIS SITE OR ANY OF THE CONTENT OR INFORMATION ON THIS SITE. THE FOREGOING EXCLUSION APPLIES WITHOUT LIMITATION TO ALL LIABILITY FOR LOST PROFITS AND ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE AND EVEN IF VDI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE OF IF YOU SEEK TO ASSERT ANY CLAIM AGAINST VDI OR ANY VDI PARTY ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE, OR YOUR ACCESS AND/OR USE OF THIS SITE OR ANY INFORMATION OR CONTENT ON THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
9. General Provisions.
a. We reserve all rights relating to this Site and the content and information on this Site not expressly granted to you by these Terms of Use.
b. If any provision of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms of Use.
c. No waiver by us, and no failure by us to exercise any of our rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized officer of VDI.
d. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to the conflict of laws principles of any jurisdiction. You hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in Albemarle County, Virginia or the City of Charlottesville, Virginia with respect to all disputes arising out of or relating to these Terms of Use and/or your use of this Site.
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