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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of www.eshop.vtsgroup.com/usa/ (the “Site”)
agree that access to and use of this Site are subject to the following
terms and conditions and other applicable law. If you do not agree to these
terms and conditions, please do not use this Site. You also acknowledge
that VTS America Inc. may, from time to time, in its sole discretion and
without notification to you, change these Terms. As used in these Terms of
Use, “we” includes VTS America Inc., each of its affiliates, and any
third-party vendors we hire to assist in the administration of the Site,
the collection, cataloging and/or analysis of data, and/or the processing
or handling of any visitor transactions.
We make no guarantees regarding the availability of the Site. Furthermore,
we reserve the right, within our sole discretion, to discontinue the Site.
You agree that we will not be liable to you for any such discontinuance or
modification of the Site. Any rights not expressly granted by these Terms
are reserved by us.
You are under no obligation to use or continue to use the Site and may
temporarily or permanently cease using the Site without notice to VTS
America Inc. Any use of the Site, or any portion thereof, in violation of
the foregoing shall constitute a violation of these Terms and may result
in, among other things, termination or suspension of your rights to use the
Site or any portion thereof.
In order to access or use certain portions of the Site, you may be required
to register and create an account (“Account”) with VTS America Inc.
Information gathered through the registration process and any other
information related to your Account will be subject to these Terms as well
least 18 years old and that all information provided by you when creating
your Account is true, accurate and complete and that you will maintain, at
all times, true, accurate and complete information related to your Account.
Information related to your Account should be maintained by you in a
confidential manner, as you are solely responsible for the usage of your
Account by any third parties with respect to the Site. It is your
responsibility to advise us if you are aware of any unauthorized access to
your Account or if your Account information has been made available by you
to third-parties in a manner that may result in unauthorized usage of the
Account. In our sole and absolute discretion, we may terminate your Account
for any reason (including for reasons related to unlawful or unauthorized
usage) and we are under no obligation to retain a record of your Account or
any data or information that you may have stored by means of the Account.
Before using certain areas of the Site (including the registration of your
Account) you may be asked to indicate your acceptance of additional special
terms and conditions by clicking a button marked ”I Accept,” “I Agree,”
“Okay,” “I Consent” or other words or actions that similarly acknowledge
your consent or acceptance of a Click-Through Agreement. To the extent
there is a conflict between these Terms and any Click-Through Agreement,
the Click-Through Agreement will govern.
All 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 VTS America Inc.
The collective work includes works that are licensed to VTS America Inc.
Limited permission is granted to electronically copy and print hard copy
portions of this Site for the sole purpose of placing an order with VTS
America Inc. or purchasing VTS America Inc. 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 VTS America Inc. or to purchase VTS America Inc.
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 VTS America Inc. You further
agree not to change or delete any proprietary notices from materials
downloaded from the Site.
All trademarks, service marks and trade names of VTS America Inc. used in
the Site are trademarks or registered trademarks of VTS America Inc.
Online Purchases and Other Terms and Conditions
All purchases through our Site or other transactions for the sale of goods
formed through the Site or as a result of visits made by you are governed
by our Terms of Sale, which are hereby
incorporated into these Terms.
In the event that a VTS America Inc. product is mistakenly listed at an
incorrect price, VTS America Inc. reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price. VTS America
Inc. 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,
VTS America Inc. shall issue a credit to your credit card account in the
amount of the incorrect price.
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 VTS America Inc.
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification
and Miscellaneous, shall survive any termination.
VTS America Inc. may deliver notice to you by means of e-mail, a general
notice on the Site, or by other reliable method to the address you have
provided to VTS America Inc..
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat,
or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a VTS America Inc. or other licensed
employee, host, or representative, as well as other members or visitors on
the Site is prohibited. You may not upload to, distribute, or otherwise
publish through the Site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload commercial
content on the Site or use the Site to solicit others to join or become
members of any other commercial online service or other organization.
VTS America Inc. 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, VTS America Inc. 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, VTS America Inc. 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 VTS America
Inc. in its sole discretion.
Any personal information or other information about you collected by VTS
America Inc. through, or in connection with, this Site is subject to our
is incorporated into these Terms by this reference. As indicated in these
Terms, this Site is designed for adults of legal age (18 years and over).
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files
available for downloading from the internet or the Site will be free of
viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and
output, and for maintaining a means external to our Site for any
reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF
THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED
THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY
SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE
COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF
THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER VTS AMERICA INC. NOR
ANYONE ASSOCIATED WITH VTS AMERICA INC. REPRESENTS OR WARRANTS THAT THE
SITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE
WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL
BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR
PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR
VTS AMERICA INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL VTS AMERICA INC., ITS AFFILIATES OR THEIR LICENSORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES
LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES
OR PRODUCTS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless VTS America Inc., its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your
account (including negligent or wrongful conduct) by you or any other
person accessing the Site using your Internet account.
In an attempt to provide increased value to our visitors, VTS America Inc.
may link to Sites operated by third parties. These linked Sites are only
for your convenience and therefore you access them at your own risk. If the
third party is affiliated with VTS America Inc., VTS America Inc. has no
control over these linked Sites, all of which have separate privacy and
data collection practices, independent of VTS America Inc.
Your use of this Site shall be governed in all respects by the laws of the
state of Georgia, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this Site (including
but not limited to the purchase of VTS America Inc. products) shall be in
the state or federal courts located in Atlanta, GA. Any cause of action or
claim you may have with respect to the Site (including but not limited to
the purchase of VTS America Inc. products) must be commenced within one (1)
year after the claim or cause of action arises. VTS America Inc. failure 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. VTS America Inc. may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire
agreement between you and VTS America Inc. with respect to this Site and
supersedes all prior or contemporaneous communications and proposals
(whether oral, written, or electronic) between you and VTS America Inc.
with respect to this Site. If any part of these Terms is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions
of the parties and the remaining portion shall remain in full force and
Changes to the Terms
We may periodically modify and supplement these Terms and the notice
provided to you will be the updating of these Terms. You are responsible
for regularly checking these Terms for revisions. All amended Terms become
effective upon our posting to the Site, and any use of the Site after such
revisions have been posted signifies your consent and agreement to the
This Agreement was last modified and is effective as of June 5, 2018.