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Valvora Website Terms of Use

I. Ownership of Site; Agreement to Terms of Use

  1. These Valvora Website Terms of Use (the "Terms of Use") apply to the Valvora web site located at www.Valvora.com, and all associated sites linked to www.Valvora.com by Valvora, its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of PS Technology, Inc., d/b/a Valvora.com ("Valvora") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
  2. Valvora reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to such changes. As long as you comply with these Terms of Use, Valvora grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

II. Content

  1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Valvora, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
  2. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Valvora's express prior written consent.
  3. You may use information on Valvora products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Valvora for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial and informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

III. Your Use of the Site

  1. You may not use any "robot", "spider", "deep-link", "page-scrape" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Valvora reserves the right to bar any such activity.
  2. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Valvora server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
  3. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Valvora, including any Valvora account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
  4. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Valvora's systems or networks, or any systems or networks connected to the Site or to Valvora.
  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
  6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Valvora on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  7. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Valvora or others.

IV. Purchases; Other Terms and Conditions

  1. Additional terms and conditions may apply to the services provided by the Site. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service. Valvora's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
  2. Valvora may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Valvora makes no commitment to update the materials on the Site with respect to such products and services.
  3. The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference: Valvora Privacy Policy.
  4. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

V. Accounts, Passwords and Security

  1. Certain features or services offered on or through the Site may require you or your organization to open an account (including setting up a Valvora ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Valvora immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Valvora or any other user of or visitor to the Site due to someone else using your Valvora ID, password or account as a result of your failing to keep your account information secure and confidential.
  2. You may not use anyone else's Valvora ID, password or account at any time without the express permission and consent of the holder of that Valvora ID, password or account. Valvora cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

VI. Disclaimers

  1. VALVORA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. VALVORA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. VALVORA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VALVORA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY VALVORA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST VALVORA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
  2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
  3. Valvora reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

VII. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL VALVORA BE LIABLE TO YOU FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF VALVORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VALVORA AND ITS SUPPLIERS AND LICENSORS, FOR ANY CLAIMS UNDER THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT OF FIFTY DOLLARS ($50.00).

VIII. Indemnity

You agree to indemnify and hold Valvora, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Valvora by any third party due to, arising out of, or in connection with your use of the Site.

IX. Violation of These Terms of Use

  1. Valvora may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Valvora's rights or property, or the rights or property of visitors to or users of the Site, including Valvora's customers. Valvora reserves the right at all times to disclose any information that Valvora deems necessary to comply with any applicable law, regulation, legal process or governmental request. Valvora also may disclose your information when Valvora determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
  2. You acknowledge and agree that Valvora may preserve any transmittal or communication by you with Valvora through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Valvora determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Valvora, its employees, users of or visitors to the Site, and the public.
  3. You agree that Valvora may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Valvora, for which monetary damages would be inadequate, and you consent to Valvora obtaining any injunctive or equitable relief, including, specific performance or any other form of relief in a court of competent jurisdiction, that Valvora deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Valvora may have at law or in equity.
  4. You agree that Valvora may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
  5. If Valvora does take any legal action against you as a result of your violation of these Terms of Use, Valvora will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Valvora. You agree that Valvora will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

X. Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nebraska without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Douglas County, Nebraska, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.

XI. Void Where Prohibited

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Valvora reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

XII. Feedback and Information

Any feedback you provide at this Site shall be deemed to be non-confidential. Valvora shall own all feedback generated by your use of the Site and is free to use any such feedback on an unrestricted basis.

XIII. Miscellaneous

  1. Your use of the Site may include the ability to enter into agreements and/or make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this Site. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
  2. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
  3. Valvora may provide access to Valvora international data and, therefore, may contain references or cross references to Valvora products, programs and services that are not announced in your country. Such reference does not imply that Valvora in your country intends to announce such products, programs or services.
  4. If any provision of these Terms of Use is adjudged by a court to be invalid, void or unenforceable, the parties agree that the remaining provisions of these Terms of Use will not be affected by such determination, that the provision in question must be replaced by the lawful provision that most nearly embodies the original intention of the parties and that these Terms of Use will in any event otherwise remain valid and enforceable. These Terms of Use constitute the entire agreement between you and Valvora with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Valvora with respect to such use are hereby superseded and cancelled. Valvora will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Valvora's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Valvora of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Valvora and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Updated by Valvora on February 5, 2014.