PRIVACY & LEGAL TERMS
Your use of the materials included on this Internet site (the “Site”) is for information 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 Site in any way. You agree to indemnify, defend, and hold harmless Vanguard Products Group, Inc. (“VPG”) for any and all unauthorized uses you may make of any material on the Site. You acknowledge the unauthorized use of the contents could cause irreparable harm to VPG and that in the event of an unauthorized use, VPG shall be entitled to an injunction in addition to any other remedies available at law or in equity.
The Site is presented by VPG from within the United States, and VPG makes no representation that materials in the Site are appropriate or available for use in locations outside the United States and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
As your use of this Site will indicate your acceptance of this Legal Notice, do not use this Site if you do not agree to be subject hereby.
Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by VPG or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Any material you submit to this Site will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from, and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission, and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived. You agree that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that you will not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Intellectual Property Notice
All materials contained on this Site are protected by copyright, trade dress, trademarks, and/or other intellectual properties owned or controlled by VPG and/or the third-party licensor. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any content on our Site.
All rights not expressly granted are reserved.
You may download and make one copy of the content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from VPG or the copyright holder identified in the specific copyright notice.
Products and Availability
For specific pricing, product availability, and program information, please contact VPG directly or VPG Dealer. Dealers are independent and are free to set their own prices. VPG reserves the right without prior notice to discontinue or change specifications on products and services offered on this Site without incurring any obligations.
Accuracy of Site
The accuracy of the information on this Site cannot be guaranteed, particularly since this information is subject to change. All product illustrations and specifications are based upon current information at the time of programming. Although descriptions are believed correct, complete accuracy cannot be guaranteed. VPG reserves the right to make changes at any time, without notice or obligation, in the information contained on this Site, including and without limitation to prices, incentive programs, specifications, equipment, colors, materials, and to change or discontinue items.
This Legal Notice shall be deemed to include all other statements, policies, disclaimers, and other terms contained in this Site. This Legal Notice constitutes the entire understanding between VPG and you with respect to your use of this Site and it supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and VPG.
Some current or future links on this Site may allow you to connect with sites that are not under our control. VPG is providing these links only as a convenience. The appearance of a link does not imply VPG endorsement, nor is VPG responsible for the contents of any linked site. You access them at your own risk.
VPG asks that parents supervise their children while online. No information should be posted by minor children without parental consent.
This Legal Notice shall be governed by and construed in accordance with the laws of State of Illinois. Any dispute arising from these terms shall be resolved exclusively in the state and federal courts of the State of Illinois, without regard to conflicts of laws provisions. VPG makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from outside the United States, be advised this Site may contain references to products and services that are not available or are prohibited in your country. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Legal Notice, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Legal Notice, and the remainder of this Legal Notice shall continue in full force and effect.
For an explanation of VPG’s practices and policies related to the collection, use, and storage of our online visitors’ information, please read our Privacy Statement Below:
Limitation of Warranty and Liability
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VPG AND ITS SUBSIDIARIES, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, VPG AND ITS SUBSIDIARIES, AFFILIATES, AND SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. VPG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VPG AND ITS SUBSIDIARIES, AFFILIATES, AND SUPPLIERS SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN AND THE SOFTWARE WHICH MAY BE DOWNLOADED THEREFROM; AND SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VPG AND VISITOR. THIS SITE AND THE INFORMATION, SOFTWARE, FORMS, STATEMENTS, AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You hereby agree to indemnify, defend, and hold VPG, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Legal Notice or the foregoing representations, warranties, and covenants, including, without limitation, attorneys fees and costs.
Modification of Terms and Conditions
January 1st, 2006
Information We Collect
We collect several types of information on our Site. Personal information is information that identifies an individual or is directly associated with a specific person, such as a customer’s name, mailing address, telephone number, email address, credit card number, or information about activities which can be directly linked to that person, such as his or her purchases (“Personal Information”). Our definition of Personal Information does not include “aggregate” information. Aggregate information is data about use of our Site, such as pages visited on our Site. Aggregate information helps us understand trends and customer needs so that we can better consider new products and services, and tailor existing products and services to customer desires.
We may also collect “Non-personal Information”, which is information about you that does not itself identify you individually. Examples of Non-personal Information include age range and gender.
Collection of Personal Information
When you use certain parts of our Site, we collect certain kinds of Personal Information:
Correspondence: We may collect information that identifies you personally when you submit comments, questions, or suggestions to VPG.
Transactions: We may collect Personal Information to fulfill an order you place on our Site for VPG items. Such information would include name and address, credit card number and expiration date, and billing address.
Use of Personal Information
Except as disclosed in this statement, we do not sell or disclose information that identifies our visitors personally or makes it possible for other parties to contact them directly without our visitors’ consent. We may use, sell, disclose, or otherwise dispose of Personal Information we collect in the following circumstances:
Purchase Inquiry. We use the information you provide about yourself during an Inquiry to contact you regarding your inquiry. We do not share this information with parties other than VPG employees or Dealers.
Transaction Processing. We may use your Personal Information to create a convenient and easy-to-use shopping process that includes an online “shopping cart” that allows you to track selected products and proceed through purchase. We use the information you provide about yourself when placing an order to complete that order. Also, we may share transactional information with entities as is necessary to process credit card payments or other purchasing or delivery systems. We may use your email address to communicate with you or notify you of special offers or programs you might find of interest.
Response to Inquiries.We use return email addresses to answer the email inquiries we receive. We may also use these email addresses to provide order status and order tracking information, and to respond to queries.
Companies that work for or with VPG: We may, without notice to you, share Personal Information with companies that work for us for the sole purpose of providing you with valuable services you’ve requested or already have through our Site. These companies may assist us in fulfilling your requests or processing your transactions. In addition, we may share Personal Information with companies that work for us to provide marketing and other services. We may also share your Personal Information with non-affiliated persons and entities with whom we have entered into a joint marketing agreement, where we together market either our products or those of our marketing partner. We enter into contractual agreements with these companies prohibiting them from disclosing or using our customer information other than to carry out the purposes for which the information was disclosed. These companies are in no way authorized to sell, rent, or trade your Personal Information. While there are such contractual obligations in place, we cannot and do not guarantee that a third party will not breach its contractual obligation and use your Personal Information in a way contrary to this online privacy statement.
Legal Requirements. We may disclose Personal Information: (a) to conform with the law, respond to claims, or comply with legal process served on VPG (e.g., a lawful subpoena, warrant, or court order); (b) to enforce or apply our policies or agreements (including to initiate, render, bill, and collect for amounts owed to us); (c) to protect and defend our or our visitor’s rights or property, the Site, our employees, visitors, or the public; or (d) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
Use of Non-Personal and Aggregate Information
We may use non-personal and aggregate information to better design our Site and share with our marketing and advertising agencies.
Freedom of Choice
If you would like your Personal Information to not be made available to any third party, please contact us at email@example.com so we can block your data accordingly. Note, however, that certain services and/or functions of our Site may not be available if you elect to block your Personal Information. Further, if, in connection with your use of a particular service, we ask to use your Personal Information in a way not described in this online privacy statement and you do not wish to permit that use, you can choose not to use that particular service. Otherwise, your use of such service will be your consent to the use of your Personal Information in the way described.
You will only receive email from VPG if you have requested to be on our mailing list. If you are currently on our list and would prefer not to receive further information from us, please send an email to the following address with the word “REMOVE” in the subject line – firstname.lastname@example.org
Children’s Online Privacy Protection Act (COPPA)
Our Site is a general audience site that is not designed nor intended to collect Personal Information from children under the age of 18. VPG does not knowingly collect or maintain any Personal Information from children under the age of 18. In addition, no part of this Site is designed with the purpose of attracting any person under age 18. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 18 should not provide any Personal Information on this Site. We ask that parents supervise their children while online.
We may use Pixel Tags on our Site and may permit third parties to place them on our Site to monitor the effectiveness of advertising or for other legitimate purposes. A Pixel Tag, also known as a “Web bug,” is a small, graphic image on a Web page, Web-based document, or in an email message that is designed to allow the site owner or a third party to monitor who is visiting a site. Web beacons are often invisible to the visitor because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document, or email message. Web beacons are represented as HTML IMG tags in the Web page; visitors can click on “view profiles” of the web page to see whether the page is using a web beacon.
Web beacons collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web beacon comes from, and the time it was viewed. Web beacons can also be linked to Personal Information. For example, advertising networks use Web beacons to add information to a personal profile of what sites a person is visiting and to determine what banner ads to display based on the profile. Another use of Web beacons is to provide an independent accounting of how many people have visited a particular website. Web beacons are also used to gather statistics about Web browser usage at different places on the Internet.
IP Address and Click-Stream Data Collection
VPG may collect IP addresses and/or click-stream data for market research, for purposes of system administration and to report aggregate information. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our servers identify your computer by its IP address. When you request web pages from our Site, our servers log your IP address.
Click-stream data is information collected by our servers when you request pages from our Site. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view, and other such Non-Personal Information. When analyzed, this data helps us analyze how visitors arrive at our Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content, and the like.
VPG uses commercially reasonable efforts to store and maintain Personal Information to protect it from loss, misuse, alteration, or destruction by any unauthorized party.
We exercise reasonable care to protect your Personal Information. This includes storing the Personal Information on our servers behind a secure firewall and ensuring all transmissions to other vendors use secure encryption technology. Unfortunately, no data transmission over the Internet can be guaranteed to be 100 percent secure. So while we strive to protect your Personal Information, we cannot guarantee the security of any information you transmit to us or receive from us. This is especially true for information you transmit to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we maintain physical, electronic, and procedural safeguards to protect your Personal Information.
When registering for access to a secure area of our Site, we will ask you to select a Username and Password. We recommend that you do not divulge your Password to anyone. We will never ask you for your Password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered area of our Site and close your browser window when you have finished.
Internally, we will limit access to Personal Information to those persons who need the information to provide products and services to you or maintain or service those products or services. These persons are limited in number and are committed to our privacy and security policies. We will review our security arrangements from time to time, as we deem appropriate.
Links to Other Sites
Please be aware that we provide links to third-party sites as a service to our visitors, and that we are not responsible for the content or information collection practices of those sites. Please note that these sites’ privacy policies may differ from those of VPG. We encourage you to review and understand their privacy practices before providing them with information.
Privacy Statement Revisions
A revised online privacy statement will only apply to data collected subsequent to its effective date on this version of our Site. Any revisions will be posted at least seven days prior to its effective date.