VALEO, INC.TERMS AND CONDITIONS OF USE Last Modified: June 29, 2007 This
document defines your rights and responsibilities as a visitor to this
website. Please read this document carefully before accessing or using
the website, so that you fully understand your rights and
responsibilities. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY YOUR
AGREEMENT WITH THESE TERMS AND CONDITIONS OF USE. Valeo, Inc.
("Valeo") reserves the right to changes these Terms and Conditions of
Use at any time. If we decide to change the Terms and Conditions of
Use, we will post any changes on this website. Any such changes shall
be effective upon posting on the website. Valeo reserves the right to
modify or amend these Terms and Conditions at any time. All changes
shall be effective immediately upon their posting. Material changes
will be posted conspicuously on this website. By accessing the website
following the posting of changes to the Terms and Conditions of Use,
you agree to all such changes. VALEO INTELLECTUAL PROPERTY RIGHTS
Copyright 2007-2001. Valeo, Inc. All rights reserved. All
copyrightable text, audio, video, graphics, charts, photographs, icons,
design, HTML code, images, illustrations, descriptions, software and
arrangement of content in any medium on this website ("Content") are
copyrighted by Valeo, unless otherwise noted. The distinctive and
original layout and presentation of this website also constitutes
protectible trade dress under applicable federal law. In addition, many
proprietary names and marks belonging to Valeo appear throughout this
website. Valeo owns the following trademarks: BODY BALL™, TANKER™, FIT
FOR PERFORMANCE®, AVG®, OCELOT®, OCELOT Design®, and VALEO®. This
website may also contain references to third party marks, and copies of
third party copyrighted materials, which are the property of the
respective owners and used by permission. If you have any questions
regarding a specific mark or any other Valeo or third party
intellectual property posted on this website, please contact Valeo as
described below. Any unauthorized use of any such marks, trade dress or
any other intellectual property, is strictly prohibited, and will be
prosecuted to the fullest extent that the law provides. Valeo
permits you to view and use its Content in order to learn more about
its products and business. Valeo does not permit you to copy, modify or
reuse its Content in any way, except in connection with business you
may have with Valeo. LOGIN SECURITY
You
are responsible for providing all personal computer and
telecommunications equipment and service necessary to gain access to
the website. Access to, and use of, certain portions of the website is
obtained through the use of a user name and password chosen by you
during the registration process to become a member. You must keep your
user name and password strictly confidential and you agree that if you
share your unique user name and/or password with another individual or
entity you are and will remain solely liable for all use of the website
that occurs under your user name and/or password. NO WARRANTY
This website is provided by Valeo on an "as is" basis. Your visit to the Valeo website is at your own risk.Valeo disclaims all warranties, either express or implied, with
respect to this website, and to any information, products or services
available on this website, including without limitation, all warranties
of merchantability, fitness for a particular purpose, title and
non-infringement. Valeo
also makes no warranty or representation regarding the accuracy or
reliability of any information obtained from the website, or that its
services will meet any user’s requirements, be uninterrupted, timely,
secure or error free. Valeo
shall have no responsibility for the timeliness, deletion, misdelivery
or failure to store any user communications. No advice or information,
whether oral or written, obtained by you from Valeo, or in any other manner through this website, shall create any warranty. Although
Valeo intends to take reasonable steps to prevent the introduction of
viruses and other destructive materials to this website, we do not
guarantee or warrant that this website or materials that may be
downloaded from this website, do not contain such destructive features.
Valeo is not liable for any damages or harm attributable to the
foregoing. INDEMNIFICATION
YOU
AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VALEO AND ANY OF ITS
OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS FROM AND AGAINST
ANY AND ALL THIRD PARTY CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS,
INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COURT
COSTS, ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS AND
CONDITIONS OF USE OR YOUR USE OF, ACCESS TO OR INABILITY TO ACCESS THIS
WEBSITE. LIMITATION OF LIABILITY
IN
NO EVENT SHALL VALEO OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA, INFORMATION, PROGRAMS, PROFITS, OR BUSINESS INTERRUPTION, ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE
OR ANY LINKED WEBSITE, OR TO ANY INFORMATION OR PRODUCTS, SERVICES OR
ANYTHING ELSE OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT
OF THE USE OF THIS WEBSITE, OR TO THE INABILITY TO USE THE WEBSITE,
WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
OTHERWISE, EVEN IF VALEO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THIS WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. PRIVACY POLICY
Please click on the following link and carefully review the Privacy Policy for this website: www.valeoinc.com/privacypolicyBy
your access or use of this website, you hereby agree to the terms of
the Privacy Policy, which are incorporated into these Terms and
Conditions of Use by reference. COPYRIGHTS AND COPYRIGHT AGENT
Valeo
respects the rights of intellectual property owners. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide Valeo with the following information,
pursuant to Section 512 of Title 17, United States Code: (1) an
electronic or physical signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed; (2) a description of the copyrighted work or works that you claim have been infringed; (3) a description of the allegedly infringing material, including its location on the site; (4) your address, telephone number, and e-mail address; (5)
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and (6)
a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf. Valeo’s Copyright Agent for notice of claims of copyright infringement on its site is:
Valeo, Inc.
Attn: Martha Seegert
Email: martha@valeoinc.com
Phone: 800-634-2704
Mail: 19275 W. Capitol Dr, Ste. L01
Brookfield, WI 53045
LINKS
This
website may link to, or be linked to, other websites not maintained by
or related to Valeo. Such links are provided only as a service to our
visitors. Valeo is not, directly or indirectly, implying any approval,
association, sponsorship, endorsement or affiliation with the linked or
linking website, unless specifically stated therein. Valeo has not
reviewed all such websites and is not responsible for the content,
accuracy, or policies of any such websites. Your linking to any other
pages or websites is at your own risk. If you operate another website
and are interested in linking to our website, contact Valeo, in
writing, at the address below. In the event consent is granted, you
agree to be bound by the following rules: (1) the link must be a
text-only link clearly marked; (2) the link, and use thereof, must be
in connection with a website of appropriate subject matter which
furthers the mission of Valeo; (3) the link, and use thereof, may not
be such that may damage or dilute the goodwill associated with Valeo’s
names and marks; (4) the link, and use thereof, may not create the
false appearance that an entity other than Valeo is associated with or
sponsored by Valeo; (5) the link, when activated by a user, must
display this site full-screen and not with a "frame" on the linked
website; and (6) Valeo reserves the right to revoke consent to the link
at any time in its sole discretion, either by amending these Terms and
Conditions of Use or through other notice. AGREEMENT TO TERMS AND CONDITIONS OF USE
By your access or use of this website, you hereby agree to these Terms and Conditions of Use.
These Terms and Conditions of Use constitute the entire agreement
between the parties with respect to the subject matter contained in the
Terms and Conditions of Use and supersede and replace all prior or
contemporaneous understandings or agreements, written or oral,
regarding such subject matter. Any waiver of any provision of these
Terms and Conditions of Use will be effective only if in writing and
signed by Valeo. These Terms and Conditions of Use will inure to the
benefit of Valeo’s successors, assigns and licensees. Valeo shall not
be liable for nonperformance or delay in performance caused by any
event beyond Valeo’s reasonable control including, but not limited to,
acts or omissions of service providers, equipment failure, war,
strikes, lock-outs, unavailability of supplies, fire, flood, or any
other act of God, any law, regulation, ordinance, or other act or order
of any court, government or governmental agency or delays,
unavailability, errors or other failures of the Internet or other data
networks. INTERPRETATION AND DISPUTES
These
Terms and Conditions of Use are governed by the laws of the United
States and the State of Wisconsin, without regard to any conflict of
laws provisions. Venue shall be proper exclusively in Waukesha County,
Wisconsin with respect to resolution of any dispute arising under these
Terms and Conditions of Use. In the event of any dispute, the
prevailing party shall be entitled to recovery of its reasonable
attorneys’ fees and costs. If any provision of these Terms and
Conditions of Use is deemed unenforceable or invalid by a court or
arbitrator, then the court or arbitrator making such determination
shall modify such provision to the minimum extent necessary so as to
make it enforceable and valid; but if this cannot be done then the
provision shall be severed and the remaining Terms and Conditions of
Use shall be interpreted and read to give them maximum enforceability.
Any cause of action or claim made by you or any other website viewer or
user with respect to this website must be commenced within one year
after the claim or cause of action arises. ELECTRONIC COMMUNICATIONS
You
acknowledge that these Terms and Conditions of Use are a valid and
binding agreement. To the fullest extent permitted by law, these Terms
and Conditions of Use and any other documentation, agreements, notices
or communications between you and Valeo may be provided to you to the
e-mail address you provide to Valeo. You agree to receive all such
documentation, agreements, notices or communications in electronic
form. Please print a copy of all such documentation, agreements,
notices or communications for your reference. CONTACTING VALEO
Valeo’s
headquarters are located in Brookfield, Wisconsin. If you want to
communicate with Valeo about these Terms and Conditions of Use, or to
change any personally identifiable information you have submitted to
Valeo, you may contact Valeo at: E-mail: valeoinfo@valeoinc.com Phone: 800-634-2704
Mail: Customer Service Department
Valeo
19275 W. Capitol Dr, Ste. L01
Brookfield, WI 53045
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