VEXCEL WEBSITE TERMS OF USE

Welcome to the Vexcel Data Program website (vexceldata.com). Vexcel Imaging US, Inc.’s and its subsidiaries and affiliates (“Vexcel”) require that all visitors to our sites on the World Wide Web (the “Site”) adhere to the following Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, Vexcel’s PRIVACY POLICY AND ALL TERMS INCORPORATED BY REFERENCE (TERMS OF USE). IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE.

These Terms of Use do not alter the terms or conditions of any other agreement you may have with Vexcel or its Related Parties or Subsidiaries for products, services or otherwise and those terms and conditions will take precedence where it conflicts with these terms. If you agreeing to these Terms of Use and are using the Website on behalf of an entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity will be responsible to Vexcel if you violate these Terms of Use.

GENERAL TERMS AND CONDITIONS FOR ALL USERS

The Website is owned and operated by Vexcel.

Vexcel reserves the right to revise these Terms of Use at any time. Users are deemed to be apprised of and bound by any changes.

You may use the Website, and the information, writing, images and/or other works that you see, hear or otherwise experience on the Website solely for your non-commercial, personal purposes and/or to learn about Vexcel’s products and services, and solely in compliance with these Terms of Use.

You acknowledge and agree that the laws of the State of New York without regard to conflict of law principles, and applicable federal law, will govern these Conditions of Use, your use of the Site, and any dispute of any kind that might arise between you and Vexcel in connection with the Site. Any action you, any third party, or Vexcel brings arising out of or in any way connected to this Site and/or these Conditions of Use shall be brought exclusively in either the state or federal courts located in New York County, New York, and you expressly consent to the jurisdiction of said courts.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.

INTELLECTUAL PROPERTY

The Website and any Products which Vexcel may offer to you and all associated Intellectual Property Rights, data, information and software are owned by Vexcel and are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property. Vexcel reserves all of its Intellectual Property Rights. The Vexcel trademarks and all associated Intellectual Property Rights are owned by Vexcel. Nothing in these Terms of Use confers upon you any rights to use or modify any of Vexcel’s trademarks. By visiting this Site, you understand and agree that all copyrights and trademarks will be respected.

All information and content included on this Site, including but not limited to (i) text, graphics, logos, icons, images, audio clips, digital downloads, and product demonstrations; (ii) data and content compilations; and (iii) software, is the property of Vexcel or its content or software suppliers and is protected by United States and international copyright laws. You may not modify, copy, distribute, transmit, display, publish, sell, or license any information from this Site without the express written consent of Vexcel and any applicable third-party owner or licensor. You may not create derivative works, or use any information, content, or software available on or through this Site for commercial or public purposes without the express written consent of Vexcel and any applicable third-party owner or licensor. In addition, you may not reproduce, transmit, transcribe, store in a retrieval system, or translate into any human or computer language any part of the material and databases on this Site in any form or by any means whatsoever without the express written consent of Vexcel. Such consent may be requested by contacting Vexcel Imaging US, Inc., at 1100 W Traverse Parkway, Lehi, Utah 84043. Attn: Law Department.

The trademarks, logos, service marks, graphics, and trade dress displayed on this Site are the intellectual property of Vexcel and other applicable parties that have licensed their property and/or material to Vexcel. You should assume that any product or service name is a registered mark, trademark, or service mark and the intellectual property of Vexcel or a third party. You are prohibited from using any Vexcel or third-party trademarks or service marks noted on the Site for any purpose, including but not limited to use as meta tags on other pages or sites on the World Wide Web, without the express written permission of Vexcel or such third parties. If Vexcel grants such written permission, you may not use the trademarks and service marks in any manner that (i) is likely to cause confusion among customers or the public, or (ii) disparages or discredits Vexcel.

LICENSE AND SITE USE

Vexcel grants to you, the user, a limited license to access and make personal use of this Site; but you may not download (other than page caching) or modify it, or any portion of it, except with the express written consent of Vexcel. This license does not include any right to (i) resell or use this Site or its contents for any commercial purposes; (ii) collect and use any product listings, descriptions, or prices found on this Site; (iii) make any derivative use of this Site or its contents; (iv) download or copy account information found on this Site for the benefit of any individual or corporation; or (v) use data mining, robots, or similar data-gathering and extraction tools in connection with this Site or any information found on this Site. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this Site or any portion of this Site for any commercial purpose without the express written consent of Vexcel. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vexcel or any third party without the express written consent of the applicable proprietary information owner. You may not use any meta tags or any other “hidden text” using Vexcel’s name or trademarks without Vexcel’s express written consent. Any unauthorized use immediately terminates the limited license granted to you by Vexcel.

Vexcel grants to commercial web search engines a limited license to index this site by any manual or automated method and to display the titles of pages and brief excerpts from those pages as search results.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray Vexcel or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Vexcel logo or any other proprietary graphic or trademark of Vexcel as part of such link without Vexcel’s express written permission. Nothing in this license shall confer on you or any third party any rights to or under any patent, copyright, or trademark of Vexcel or any third party.

PASSWORDS

Vexcel may restrict certain secure areas of this Site to authorized users and permit access to these secure areas only by the use of a confidential password. Unauthorized individuals attempting to access such areas of this Site are in explicit violation of these Terms of Use and may be subject to prosecution and applicable damages.

INDEMNITY

You agree to indemnify and hold Vexcel, 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 Vexcel by any third party due to or arising out of or in connection with your use of the Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL CONTENT, PRODUCTS, AND SERVICES ON THIS SITE, OR OBTAINED FROM A WEBSITE TO WHICH THIS SITE IS LINKED, ARE PROVIDED TO YOU BY VEXCEL “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND CONTENT PUBLISHED ON THIS SITE OR A LINKED SITE MAY CONTAIN TECHNICAL INACCURACIES OR ERRORS, INCLUDING TYPOGRAPHICAL ERRORS. VEXCEL SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR SUCH ERRORS AND RESERVES THE RIGHT TO MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.

YOU AGREE THAT VEXCEL WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE. VEXCEL CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED ACCESS TO THE SITE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY.

PRIVACY

Vexcel’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Vexcel’s Privacy Policy, click https://www.vexceldata.com/privacy/. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

TERMINATION BY VEXCEL

Vexcel may, in its sole discretion prevent you from accessing the Website for any reason, including without limitation, if Vexcel believes that you have breached these Terms of Use, act in a manner that clearly shows that you do not intend to, or are unable to comply with these Terms of Use.

EMPLOYMENT OPPORTUNITIES

Vexcel may place notices of employment opportunities on this Site. At Vexcel, we fully recognize and are sensitive to all confidentiality issues surrounding the online employment application process. Therefore, in accordance with Vexcel’s privacy guidelines and principles, if you choose to submit your name, address, contact information, resume, and/or any other personal information to Vexcel in response to an employment opportunity, you can be confident that Vexcel will use this information only for lawful and legitimate employment purposes. Vexcel does reserve the right to distribute the information you submit among its employees for legitimate business purposes. Furthermore, nothing in these Terms of Use or contained on this Site shall constitute a promise by Vexcel to interview, hire, or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained on the Site constitute a promise that Vexcel will review any or all of the information that users or applicants submit. Vexcel is an equal opportunity employer.

VOID WHERE PROHIBITED

Vexcel administers and operates the www.vexceldata.com Site from its location in Lehi, Utah USA; other Vexcel sites may be administered and operated from various locations outside the United States. 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. Vexcel 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.

THIRD PARTY PROVIDERS

This Site may contain links to other independent Third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Vexcel’s control, and Vexcel is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Vexcel also engages Third Party Providers on occasion. You agree that you will comply with all requirements and restrictions that Third Party Providers may impose on directly, or indirectly by imposition on Vexcel, in relation to their respective products and/or services, at the time of, or subsequent to, these Terms of Use.

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. Vexcel shall be free to use such information on an unrestricted basis.

Copyright © by Vexcel Imaging US, Inc. ALL RIGHTS RESERVED

Updated by The Vexcel Legal Team on March 8, 2021