Last Updated Sept. 1. 2012
VEBAR USA, LLC (further on referred to as WE, operate access-controlled and non-access controlled web Sites at www.vebar.com, www.vebar.net, www.vebar.info, www.batterysensors.net, www.batterysensors.com (the “Sites”).
IF YOU DO NOT WISH TO BE BOUND BY THE TOU, YOU MAY NOT ACCESS OR USE THE SITES.
In consideration for us granting you the License to access the Sites, you agree to the following terms and conditions:
1. Entry Conditions.
The License granted under the TOU are restricted solely to persons who:
completely and accurately fill out all applicable Sites’ entry registration information; (online or in any other form)
agree to maintain and promptly update the respective registration information; and
are of legal age to form a binding contract. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information are untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites or related service(s) (or any portion thereof).
3. Grant of License.
Subject to the Entry Conditions in paragraph 1 above, we grants you a limited, personal, nontransferable, revocable, nonexclusive license to enter and use the Sites, subject to our right of termination. You will receive a password and account designation upon completing the Sites registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password and account. You agree to immediately notify us of any unauthorized use of your account.
4. Scope of License.
Under the TOU you may enter the Sites to view the information provided by you as well as other third party users who have designated certain information as publicly accessible to users of the Sites. You may not:
a) Download, print, capture or otherwise create copies of material (i) not originally provided by you, or (ii) not designated as publicly accessible by other users of the Sites;
b) Sublicense, rent, lease, lend or otherwise transfer your rights under the TOU without our prior written consent;
c) Link to any page on the Sites other than the Sites’ home page or to a read-only data page comprised of data (i) originally provided by you or (ii) designated as publicly accessible by other users of the Sites, or frame any material from the Sites for use on any other web Sites;
d) Use your knowledge of the content or structure of the Sites for a commercial purpose that in any manner competes with our activities.
5. Reservation of Intellectual Property Rights.
a) Trademarks. We reserve all rights to the use of its trademarks, service marks and logos appearing on the Sites. Any unauthorized use of any trademarks may subject you to civil and criminal penalties under state and federal trademark laws and international treaties.
b) Copyrights. All information, data, text, or other materials (“Content”) maintained on the Sites are the sole responsibility of the person from which such Content originated. We are the owner or lawful licensee of all copyright interests in the design and content of the Sites (other than content provided by third party users or provided through a third party link, if any), and reserve all rights thereto not expressly granted under the TOU. Any unauthorized use of the Sites may subject you to civil and criminal penalties under federal copyright law and international treaties.
Any reproduction, copying, redistribution, retransmission, or republication of any copyrighted
material are strictly prohibited without express written consent of the copyright owner.
c) Content Submissions. You are responsible for all Content you upload, post, transmit, or
otherwise make available via the Sites. Under no circumstances will we be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed, transmitted or otherwise made available via the Sites. If you contribute any Content or material to us or the Sites, including but not limited to business information, ideas, concepts, or inventions, you agree to grant (or warrant that the owner of such content or intellectual property has expressly granted) to us an irrevocable, non-exclusive, royalty free, worldwide perpetual license to use, with the right to reproduce, distribute, transmit, and publicly display any materials and other information or content you submit by all means and in any media or medium now known or hereafter developed.
6. Term of License.
a) This TOU governs a single continuous visit to the Sites. Subsequent visits to the Sites shall be governed by the terms of the TOU then in effect. We reserves the right to amend the terms of the TOU without prior notice for any subsequent visit to the Sites. You can review the most recent version of the TOU at http://www.vebar.com Accessing the Sites in the future through use of your registered password constitutes your acceptance of the then-current Sites TOU terms.
b) The License becomes effective upon your acceptance of this TOU.
c) The License can be terminated by you upon receipt of your written request.
7. Compliance With Sites Policies.
8. Use of Sites.
a) Disclaimer of Reliability. We do not guarantee that Content submitted by you or any other individual to the Sites will be received by the Sites since third-party communications channels, outside the control of us, are involved.
b) Covenant of Proper Use. If you choose to upload, post, send, or have posted Content to the Sites, you agree to comply with all state, federal and local laws and regulations relating thereto.
You specifically agree that:
• You will not upload, post, send or make available any information that is unlawful, defamatory, libelous, obscene, harmful, threatening, harassing or otherwise objectionable.
• You will not use the Sites in any way that directly or indirectly encourages or facilitates a criminal offense or that are subject to civil liability.
• You will not interfere with the ability of other users to use or enjoy the Sites.
• You will not create a false identity or mislead other users of the Sites.
• You will not collect, harvest or store information on other users or the data they may have uploaded, posted, sent or made available to the Sites, unless such data has been designated as publicly accessible by the other users.
• You will not attempt to damage or disrupt the function of the Sites.
• You will not upload, post, transmit or in any other way make available any material or data that infringes upon the trademark, patent, copyright, trade secret, contract or privacy rights of any person or entity.
• You will not advertise any business or products.
c) Acknowledgment of Unmonitored Sites. Although we reserve the right to monitor, modify and remove at its discretion, any information or materials posted to the Sites by you or other users, we do not undertake to actively monitor the Sites. If you wish to report content that you believe are objectionable please contact us at admin @ vebar.com.
d) Linked Sites Pages. We are not responsible for Sites data pagesthat are designated as publicly accessible. Accordingly, we bear no responsibility for the validity of your or third party links to such publicly available Sites data pages.
9. Data Security.
While we will use commercially reasonable efforts to ensure the security of all user content uploaded, posted, sent or made available to the Sites, we make no guarantee as to the accessibility, storage, or security of such Content. In addition, we will make a commercially reasonable effort to keep your personal information from loss or misuse by others. You acknowledge that there is always a risk involving information storage and retrieval over the Internet. You understand that it is your responsibility to periodically back up your Content to media, devices, or facilities under your control.
You agree that from time to time, the Sites may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance and upgrade procedures; (c) repairs which we and/or its service providers may undertake; or (d) any cause beyond the control of us.
11. Linked Resources.
Although we may provide you with links to third party web Sites’ of potential interest, we do not in any way guarantee that the links are accurate, comprehensive or up to date. We may not have control over the content or management of the linked Sites’. Your use of third party Sites’ is at your own risk and subject to the terms and conditions of use at those Sites’.
12. Responsibility for Internet Security.
You will be solely responsible for obtaining and using your own anti-virus, anti-Trojan and Internet security software. We do not represent or warrant that the Sites or any material downloaded from the Sites will be safe or free of viruses, worms, Trojan programs or other destructive mechanisms, although we will exercise commercially reasonable efforts to protect the Sites and its contents. You are responsible for using appropriate Internet security devices and/or software to ensure that no third parties (e.g. hackers) take advantage of the fact that your computer is connected to the Internet, or that you are accessing the Sites.
13. DISCLAIMER OF WARRANTIES.
THE SITES, INCLUDING ALL MATERIALS AND INFORMATION CONTAINED THEREIN, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT OR NONINFRINGEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES UNDER THE UNIFORM COMPUTER INFORMATIONAL TRANSACTIONS ACT, AS MAY BE ADOPTED BY ANY JURISDICTION FROM TIME TO TIME. WE, OR ANY OF OUR SERVICE PROVIDERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITES, THE USE, VALIDITY, ACCURACY, SECURITY OR RELIABILITY OF THE MATERIALS ON THE SITES, THE PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES, OR ANY OTHER SITES’ LINKED TO THE SITES. WE, OR ANY OF OUR SERVICE PROVIDERS, DO NOT GUARANTEE OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT IN THE SITES WILL BE CORRECTED WITHIN A PARTICULAR TIMEFRAME OR AT ALL.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AS IT RELATES TO IMPLIED WARRANTIES.
14. LIMITATION OF REMEDIES.
IN NO EVENT SHALL WE OR ANY OF OUR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THE SITES OR YOUR USE OF THE INFORMATION CONTAINED THEREIN, EVEN IF WE OR ANY OF OUR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. IN PARTICULAR, WE, OR ANY OF OUR SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR THE LOSS OF INFORMATION ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITES. THE TOTAL LIABILITY OF WE AND/OR ITS SERVICE PROVIDERS TO YOU, IF ANY, WHETHER ARISING UNDER CONTRACT OR BASED UPON A CLAIM OF NEGLIGENCE OR SOME OTHER TORT CLAIM, SHALL IN NO EVENT EXCEED THE TOTAL OF THE PAYMENTS YOU MADE TO US, IF ANY, FOR ACCESS TO THE SITES OVER THE PRECEDING 12 MONTH PERIOD MEASURED FROM THE DATE OF THE CLAIM. THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.
15. Force Majeure.
We, or our service providers, shall not be liable for and will not be responsible to you for any delay or failure to perform under the TOU if such delay or failure is due, in whole or in part, to any cause, reason, action, or inaction beyond the reasonable control of us or our service providers.
16. Breach of TOU by You.
In the event you violate any term or condition of the TOU, We shall be entitled to terminate the TOU immediately, block your access to the Sites, and pursue all other remedies available to it under applicable law.
You agree to indemnify, defend and hold us and our affiliates, and their respective officers, directors, employees, and agents harmless from all claims, demands, liabilities and damages of any kind or nature, including, without limitation, attorneys fees and litigation costs, arising out of or related to your use, or inability to use, the Sites.
The failure or delay of any party to require performance of, or to otherwise enforce, any condition or other provision of the TOU shall not waive or otherwise limit that party’s right to enforce, or pursue remedies for the breach of, any such provision or condition. Any waiver by any party of any particular condition or provision of the TOU, including this non-waiver provision, shall not constitute a waiver or limitation on that party’s right to enforce performance of, or pursue remedies for the breach of, any other condition or provision of the TOU.
19. Successor Interests.
The License grant is not transferable without our prior written consent. Subject to this limitation, the TOU is binding upon and shall inure to the benefit of the heirs, successors, assigns, legatees, devisees, bankruptcy estates, administrators, personal representatives, and executors of each of the parties.
20. Governing Law.
This TOU shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to, or application of, any conflict of law provisions.
21. Jurisdiction, Venue.
The parties agree that any suit, action or arbitration proceeding arising out of or relating to the TOU shall be brought and maintained exclusively in the courts of Union County North Carolina, and the parties expressly consent to the personal jurisdiction over them of any state or federal court in Union County – North Carolina.
If any court of competent jurisdiction finds any term of the TOU, or of any other document or instrument referred to or contemplated in the TOU, to be invalid or unenforceable, such determination shall not affect the validity and enforceability of the remainder of the TOU.
23. Entire TOU.
Thare TOU constitutes the entire agreement between the parties pertaining to the subject matter of the TOU and supersedes all prior discussions, negotiations, understandings, representations and agreements, whether oral or written. All terms of the TOU are contractual and not mere recitals.
24. Electronic Execution.
Execution of the TOU shall occur and may be evidenced
a) by transmission of your electronic assent to its terms through your clicking the “I Agree” button on registration for one or more of the Sites and/or
b) by signing the registration forms for one of more of the Sites and/or
c) by simply entering one or more of the -access controlled- sites.