GENERAL TERMS AND CONDITIONS FOR ALL USERS
The Website is owned and operated by Vexcel.
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.
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.
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.
TERMINATION BY VEXCEL
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.
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