Terms Of Use Agreement
Read this “Terms of Use Agreement” Before Accessing BuckeyeVac.com.
This Terms of Use Agreement sets forth the standards of use of Buckeye Vacuum Cleaner Supply Company, Inc’s BuckeyeVac.com for Registered Users. Buckeye Vacuum Cleaner Supply Company Inc. is a Georgia corporation doing business as The Buckeye Vacuum Cleaner Supply Company (“BuckeyeVac.com”, “we,” “us,” “our”). By using, accessing or registering with the BuckeyeVac.com website, you (the “User”) agree to these terms and conditions.
If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at BuckeyeVac.com website. Your continued use of BuckeyeVac.com after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
BuckeyeVac.com is providing User with access to portions and certain functionalities of its publicly viewable Internet website. Users must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Users access to the Internet, and (3) pay any fees related to such connection.
Disclaimer of Warranties
The site is provided by Buckeye Vacuum Cleaner Supply Company, Inc. and BuckeyeVac.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, BuckeyeVac.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. BuckeyeVac.com shall have no liability for any interruptions in the use of this website. BuckeyeVac.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable in those jurisdictions.
Limitation of Liability
Buckeye Vacuum Cleaner Supply Company, Inc. and BuckeyeVac.com shall not be liable for any damages whatsoever, and in particular Buckeye Vacuum Cleaner Supply Company, Inc., owner of BuckeyeVac.com, shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Buckeye Vacuum Cleaner Supply Company, Inc. has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable.
Indemnification
User agrees to indemnify and hold Buckeye Vacuum Cleaner Supply Company, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of BuckeyeVac.com, the violation of this Agreement, or infringement by User, or other user of BuckeyeVac.com using User’s computer, of any intellectual property or any other right of any person or entity.
User’s Account
All Users of BuckeyeVac.com shall receive a password and an account. Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. User agrees to notify BuckeyeVac.com of any unauthorized use of User’s account or any other breach of security that is known or should be known to the User. User’s right to use BuckeyeVac.com is personal to the User. User agrees not to resell or make any commercial use of BuckeyeVac.com without the express written consent of BuckeyeVac.com.
User agrees to abide by such rules as may be promulgated and posted on BuckeyeVac.com for use of the website’s services, including, but not limited to, rules regarding the viewing of product information (including product pricing), the creation of orders, the viewing of product schematics, etc.
BuckeyeVac.com may at any time, in its sole discretion, block access to this website and may block the use of the website’s services and functionalities to any User who violates our policies governing — but not limited to — the viewing of product information (including product pricing), the creation of orders, the viewing of product schematics, etc.
Generally, when using your account on BuckeyeVac.com you agree that you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Pose as another real person on this site for whatever reason.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
BuckeyeVac.com reserves the right to terminate your access to any or all of BuckeyeVac.com at any time without notice for any reason whatsoever. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Never give out any personally identifying information about yourself in regard to your use of BuckeyeVac.com.
Modification and Interruption of Service
BuckeyeVac.com reserves the right to modify or discontinue BuckeyeVac.com with or without notice to the User. BuckeyeVac.com shall not be liable to the User or any third party should BuckeyeVac.com exercise its right to modify or discontinue BuckeyeVac.com. The User acknowledges and accepts that BuckeyeVac.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While BuckeyeVac.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Georgia. As such, we are subject to the laws of the State of Georgia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Georgia.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Cobb County, Georgia, U.S.A., in all disputes arising out of or relating to the use of BuckeyeVac.com website. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Buckeye Vacuum Cleaner Supply Company, Inc. or any of its affiliates as a result of this agreement or use of BuckeyeVac.com website.
BuckeyeVac.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BuckeyeVac.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of our website or information provided to or gathered by BuckeyeVac.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Buckeye Vacuum Cleaner Supply Company, Inc. with respect to the BuckeyeVac.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Buckeye Vacuum Cleaner Supply Company, Inc. with respect to the BuckeyeVac.com website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use BuckeyeVac.com in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. By becoming a registered user, the User explicitly acknowledges and affirms that the User is at least 18 years of age or older.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 The Buckeye Vacuum Cleaner Supply Company, Inc., with all rights reserved, or is the property of The Buckeye Vacuum Cleaner Supply Company, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Buckeye Vacuum Cleaner Supply Company, Inc. and BuckeyeVac.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of BuckeyeVac.com.
Unless we explicitly authorize any of the following in writing, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from BuckeyeVac.com. You may, however, when authorized, download and/or print one copy of designated pages, i.e. Customer Orders from BuckeyeVac.com provided that you keep intact all copyright and other proprietary notices.
BuckeyeVac.com™ is a proprietary mark of The Buckeye Vacuum Cleaner Supply Company, Inc. Buckeye Vacuum Cleaner Supply Company, Inc.’s trademarks may not be used in connection with any product or service that is not provided by Buckeye Vacuum Cleaner Supply Company, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Buckeye Vacuum Cleaner Supply Company, Inc.
All other trademarks displayed on Buckeye Vacuum Cleaner Supply Company, Inc.’s website are the trademarks of their respective owners. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Buckeye Vacuum Cleaner Supply Company, Inc.
About Submitted Materials
All posted or submitted electronic submissions, including but not limited to customer orders, contact information, registration materials, etc., becomes the property of Buckeye Vacuum Cleaner Supply Company, Inc. As such, you are granting Buckeye Vacuum Cleaner Supply Company, Inc., its affiliated companies and necessary sublicensees all rights pursuant to these submitted materials.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Buckeye Vacuum Cleaner Supply Company, Inc. and BuckeyeVac.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Dan R. Musick P.O. Box 7600 Norcross, GA 30091-7600 678-291-8239 dmusick@plaidonline.com
Botnets
BuckeyeVac.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BuckeyeVac.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by The Buckeye Vacuum Cleaner Supply Company, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.
User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement, available and accessible separately on this website.
Policy updated and effective date: June 10, 2008.