TERMS AND CONDITIONS OF USE vitherm.com
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND VITHERM (“VITHERM”). YOU MUST READ THE TERMS AND CONDITIONS OF USE SET OUT BELOW CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING, BROWSING, OR OTHERWISE USING THIS WEBSITE, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE “AGREEMENT”), AS AMENDED FROM TIME TO TIME BY VITHERM IN ITS SOLE DISCRETION. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, DO NOT USE THIS WEBSITE.
APPLICATION USE OF THE SITE
This Agreement is applicable to vitherm.com (the “Site”) and other online services provided by VITHERM in conjunction with the Site . All products and services of VITHERM and its subsidiaries and affiliates are subject to the terms of any agreement by which they are normally made commercially available including, without limitation, the Terms of Sale and Warranty available under the link “Terms and Conditions of Sale”. Information in this Service does not constitute an offer to sell products or services of VITHERM and its subsidiaries. Information from the Site regarding services and products of VITHERM is intended for use only in jurisdictions where such services or products may lawfully be offered for use and/or for sale and neither use or sale is intended where prohibited by law.
ACCOUNT, PASSWORD, AND SECURITY
The servers hosting the Site are protected by sophisticated firewall hardware and software, and are physically located in secured facilities. You may be issued a user name and password (collectively, your “Account”) in order to access certain sections of the Site and/or certain products and services available through the Site. You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to:
a) Immediately notify VITHERM of any unauthorized use of your Account or any other breach of security; and
b) Ensure that you exit from your Account at the end of each session. VITHERM will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time in VITHERM’s sole discretion.
You acknowledge that your use of the Service is subject to all applicable municipal, provincial, federal and international laws and regulations. You hereby agree:
To comply with applicable laws regarding the transmission of technical data exported from France through the Service;
Not to use the Service for illegal purposes;
Not to interfere or disrupt networks connected to the Service; and
To comply with all regulations, policies and procedures of networks with respect to the Service.
You agree not to violate the intellectual property rights of VITHERM or any third party, including but not limited to copyright, trade-mark, or other proprietary rights.
You shall not interfere with any third party’s use and enjoyment of the Service.
You acknowledge that VITHERM may, at its sole discretion, immediately terminate your access to the Service in the event that your conduct fails to conform with the terms and conditions set out in this Agreement.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR ANY RELATED WEBSITE MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, VITHERM RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
ACCESS BY THIRD PARTIES
You acknowledge and agree that during the course of providing the Service, VITHERM may be required to grant access to a third party and/or decrypt files in response to any lawful subpoena or other form of legal compulsion. You hereby consent to such legal production and waive any claim arising out of such legal production.
DISCLAIMER OF WARRANTIES
THE INFORMATION IN THIS SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS. VITHERM BELIEVES THE WORK TO BE CORRECT, IT MAKES NO WARRANTY, EXPRESSED OR IMPLIED AS TO THE CORRECTNESS OF COMPLETENESS OF THE WORK. CHANGES MAY BE MADE AT ANYTIME TO THIS SERVICE AND THE INFORMATION CONTAINED THEREIN WITHOUT PRIOR NOTICE. VITHERM EXPRESSLY DISCLAIMS ANY LIABILITY FOR LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT INCURRED BY ANY USER OF THIS SERVICE. BY ACCESSING THIS SITE, EACH USER SHALL RELEASE VITHERM AND ALL RELATED COMPANIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ALL CLAIMS AND PROCEEDINGS FOR SUCH LOSSES, DAMAGES OR CONSEQUENCES. VITHERM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VITHERM DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY SERVICES OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR THE INTERNET GENERALLY. IN NO EVENT WILL VITHERM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE.
Without limiting the generality of the foregoing, VITHERM shall have no responsibility or liability to you in connection with third party websites accessible by links posted on the Site (each, a “Linked Site” and collectively, the “Linked Sites”). Access to any Linked Site is at your own risk and VITHERM is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. VITHERM provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by VITHERM.
LIMITATION OF LIABILITY
You agree that VITHERM and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees shall not be liable to you for any damages of any kind arising from your use of the site, THE SERVICE, or any Linked Sites or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including but not limited to direct, indirect, special, incidental, consequential or punitive damages.
You agree to indemnify, defend and hold harmless VITHERM and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees, from any damages, losses, costs and expenses (including legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of this Agreement or your violation of any law or the rights of such third party. VITHERM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by VITHERM.
MODIFICATIONS TO THIS AGREEMENT
VITHERM may revise and update the terms and conditions at anytime and without notice. You should review the terms and conditions posted on the website periodically.
MODIFICATIONS TO SERVICE
VITHERM reserves the right, in its sole discretion, to modify, alter, update and/or discontinue the Service or any portion thereof, at any time, for any reason, and without notice. VITHERM shall not be liable to you or any third party should it exercise its right to modify, alter, update and/or discontinue the Service.
VITHERM may broadcast notices or messages through the Service to inform you of changes to the Service, or other matters of importance. Such broadcasts shall constitute notice to you.
This Agreement and your use of the Site shall be governed and construed in accordance with the laws of the Republic of Singapore applicable therein, excluding the application of any rule or principal of conflict of law that might otherwise refer construction, interpretation, or the resolution of any dispute to the laws of another jurisdiction.
Any dispute arising under this Agreement shall be resolved exclusively by the courts located in Singapore. You agree not to bring any legal action against VITHERM in any jurisdiction except the Country of Singapore and you shall submit and consent to such jurisdiction. If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and VITHERM in connection with your use of the Service. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and VITHERM other than that of independent contractors.
OWNERSHIP OF PROTECTED MATERIAL AND COPYRIGHT NOTICE
Except for public domain material, all content and material on and/or forming part of this website from time to time, including all text, information, links, icons, graphics, designs, audio, video, animation, logos, slogans, trade-marks, service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Protected Material”), are protected by copyright, trademark and other laws, and are owned or controlled by VITHERM or its licensors, unless otherwise indicated. The Protected Material may only be used for personal, non-commercial purposes, and may not be copied, produced, reproduced, published, broadcast, communicated by telecommunication, exhibited, distributed, transmitted, retransmitted, adapted or otherwise used or re-used, in whole or in part, without the express written consent of its owner.
Copyright © 2015 VITHERM Limited. All rights reserved.
This website is not a secure medium for electronic communications. Any confidential, proprietary or sensitive information transmitted by a user by means of this website may be read and/or copied by unauthorized persons.