AS USED HEREIN, THE TERMS "YOU" AND "USER" SHALL MEAN ANY VISITOR TO THE WEBSITE.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
USER CONDUCT
This Website is intended to provide users with general information about the products, services and general business operations of V. O. Baker Company (“V.O. Baker”). Your use of the materials included on this Website is for personal, informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Website in any way. You agree to indemnify, defend and hold harmless V.O. Baker for any and all unauthorized uses you may make of any material on the Website. You acknowledge the unauthorized use of the contents could cause irreparable harm to V.O. Baker, and that in the event of an unauthorized use, V.O. Baker shall be entitled to an injunction in addition to any other remedies available at law or in equity.
WITHOUT LIMITATION OF THE FOREGOING, YOU AGREE NOT TO USE THE WEBSITE TO:
Ï Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, or hateful;
Ï Upload, post, email or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Ï Harm minors in any way;
Ï Impersonate any person or entity, including, but not limited to, a V. O. Baker employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Ï Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
Ï Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Ï Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
Ï Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose, provided that even in those areas where advertising and promotional materials may be allowed, you shall not upload, post, email or otherwise transmit "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Ï Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
Ï Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
Ï Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
Ï Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You also agree that you will not collect or store information about the users of this Site or the Content posted by others on this site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. You acknowledge that V. O. Baker does not pre-screen, monitor, review or edit the Content posted by users. However, V. O. Baker and its designees have the right, but not the obligation, at their sole discretion to refuse or remove any Content, in whole or part, which, in V. O. Baker’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. V. O. Baker is not responsible for any failure, non-failure or delay in removing such Content. You acknowledge and agree that V. O. Baker may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of V. O. Baker, its users and the public.
You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. V. O. Baker assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to V. O. Baker.
Any or all postings on the Web site may be purged periodically in V. O. Baker’s sole discretion. You acknowledge and agree that Content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to V. O. Baker. You further acknowledge and agree that the views expressed by you and other Users do not necessarily reflect the views of V. O. Baker and V. O. Baker does not support or endorse any content or otherwise posted by you or any User.
RESTRICTIONS ON USE OF MATERIAL
The Content on this Website is intended for informational and sales purposes only. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Website. To seek our permission, you may write to V. O. Baker, P.O. Box 55, Mentor, OH 44061-0055 or e-mail V.O. Baker at sales@vobaker.com. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Website.
UNSOLICITED MATERIALS
In operating this Website, V. O. Baker is seeking Content that originates with you and other Website users. V. O. Baker does not solicit nor does it wish to receive any confidential, secret, proprietary or other information or material from you through the Website, V. O. Baker’s email addresses or in any other way. Any information or material submitted or sent to V. O. Baker by any means will be deemed not to be confidential or secret. By submitting or sending information or other material to V. O. Baker you represent and warrant that the information is original to you and that no other party has any rights to the material.
USER'S GRANT OF LIMITED LICENSE
By submitting or sending information or other material to V. O. Baker, you grant V. O. Baker the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.
You also warrant that any "moral rights" in posted materials have been waived.
LINKED SITES
Consistent with the goal of V. O. Baker, you may be able to link to third parties' Websites ("Linked Sites") from the V. O. Baker Website. Linked Sites are not, however, reviewed, controlled or examined by V. O. Baker in any way and V. O. Baker is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites or any additional links contained therein. These links do not imply V. O. Baker’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any Content contained thereon. In no event shall V. O. Baker be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. V. O. Baker reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the V. O. Baker Website and/or introduce different features or links to different users.
INTELLECTUAL PROPERTY RIGHTS
V. O. Baker is the sole owner of all content on the V. O. Baker Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, trade secrets and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website, or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
PRIVACY AND SECURITY
For an explanation of V.O. Baker’s practices and policies related to the collection, use and storage of our online guests' information, please read our PRIVACY POLICY.
INTERNATIONAL USERS
If you access this Website from outside the United States, be advised this Website may contain references to products and services that are not available or are prohibited in your country.
JURISDICTIONAL
Any dispute arising from these terms shall be resolved exclusively in the state and federal courts of Lake County, Ohio. V.O. Baker makes no representation that materials in this Website are appropriate or available for use in other locations. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
