Welcome to www.thevmcgroup.com and www.ibcapproval.com (the "Site"), brought to you by VMC Group ("VMC"). Please review the following Terms that govern your use of the Site, and information and products obtained through the Site. Your use of the Site, and/or acceptance of information and products through the Site, constitutes your agreement to these Terms of Use (the "Terms"). If you do not agree to these Terms, please do not use the Site, or use or obtain the products and services provided through the Site.
Should you have any questions concerning these Terms or any of our policies, please contact us.
MODIFICATIONS TO SITE
The Terms may be amended by VMC from time to time. In such case, VMC will provide notice on the Site that the Terms have been modified and your use of the Site after placement of such notice shall constitute your agreement with the modified Terms. You agree that providing notice on the Site is adequate notice, and that it is your responsibility to, and you agree to, regularly review the Terms to be sure you are familiar with those that are most current.
VMC may at any time, and from time to time, modify or discontinue, temporarily or permanently, the Site (or any part thereof). You agree that VMC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
Notwithstanding the foregoing, VMC undertakes no responsibility whatsoever for updating the Site or content therein. To be certain that any information is current or remains accurate, please contact your VMC representative.
TERMINATION OF ACCESS
We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate your ability to access the Site, for any reason or no reason, including any breach by you of these Terms or conduct by you that we determine to be inappropriate.
PERMITTED USE AND PROHIBITED USE IN GENERAL
We hereby grant you limited permission to use the Site so long as we provide you with access, and solely for your personal use. For the avoidance of doubt, we are not giving you any rights or license with respect to any aspect of the Site, all rights being held by us.
We reserve the right, in our sole and absolute discretion, to block and/or refuse to allow use of the Site by one or more users, including you, at any time and for any reason.
Without limiting the foregoing, we specifically prohibit the use of the Site for any purpose deemed improper by us. Improper uses include but shall not be limited to: (i) copying, distributing or modifying any part of the Site without our prior written authorization; (ii) use of the Site to transmit or attempt to transmit advertisements without our prior written authorization; (iii) use of the Site to transmit or attempt to transmit spam, chain letters, harassing, libelous or defamatory statements, or any unlawful content or material; (iv) use or attempted use of the Site to transmit software viruses, spyware, or any other computer code, files or programs which is harmful or otherwise unwanted by us or other users; (v) disruption of servers or networks connected to the Site; and (vi) use that is not in compliance with these Terms.
Without limitation as to other restrictions identified herein, you shall not upload to, distribute through or otherwise publish through the Site any content which is obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships. You shall not act in a manner that negatively affects other users’ ability to interact with the Site.
ERRORS AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site inaccurate at any time without prior notice.
OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Site contains proprietary information, content and other materials owned or controlled by VMC and protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents).
Any use or copying of such information, content and other materials other than for your own personal, non-commercial use, without written permission from VMC, is strictly prohibited.
You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT
We are under no obligation to, and do not, scan content used in connection with the Site for the inclusion of illegal or impermissible content. However, we respect the copyright and intellectual property interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.
If you believe that an infringement of intellectual property rights exists, please provide us with notice of the same to legal@thevmcgroup.com.
If you believe there is or has been a copyright infringement, you should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to:
legal@thevmcgroup.com
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
THE SITE AND ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE.
WE MAKE NO WARRANTY THAT THE SITE OR ANY INFORMATION OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.
ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to hold us and our subsidiaries, affiliates, officers, directors, and employees, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any third party claim arising out of or related to your use of the Site or any information or content on the Site, or violation of these Terms.
CHOICE OF LAW; INTERPRETATION
These Terms and the relationship between you and us shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Bergen, in the State of New Jersey.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
THIRD-PARTY WEBSITES AND RESOURCES
The Site may provide links to third party websites or resources (“Third Party Resources”). Because we have no control over external sites and resources, including Third Party Resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Resources, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such Third Party Resources. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interaction you may have with such Third Party Resources.
We may enable social media connectivity on the Site from time to time. This connectivity may link to our own social media accounts. The specific content we may post on our own social media accounts is subject to these Terms. However, those social media websites are also Third-Party Resources. If you choose to use social media connect functions on the Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that we may utilize. The terms and conditions for the social media websites may be found on each respective social media website.
This function is intended to enable us to connect with social media websites so that you can send newsfeeds about your activities to each of these websites. Such social media websites may also be able to use information about action you take on our Site.
However, note that where you choose to publish or share information through the social media links on our Site, we have no control over that activity. It will not be protected by us. You should assume that your activity may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to engage in social media connectivity from our Site, you do so at your own risk.
PRODUCTS
The Site may contain references to specific products and services that may no longer be available. Any such reference does not imply or warrant that any such products or services shall be available at any time.
VMC may permit purchase of its products through its Site as a convenience to our customers. In a non- Web Site based purchase, VMC typically provides further product specific details, warnings and personalized guidance based on the information a customer provides. Because we do not have the opportunity to obtain such additional information from you in a Web Site based purchase, we cannot assure that the product you purchase is suitable for your specific needs. If you purchase a VMC product through its Web Site, you are encouraged to consult with a VMC representative directly.
By purchasing a product through the Web Site you acknowledge that many VMC products are designed for use with or under specific conditions. It is the usual practice and procedure for VMC to issue detailed engineered shop drawings with certain VMC products and assisting the customer directly in selecting the appropriate product for the proposed use. BY MAKING A PURCHASE ON VMC’S WEB SITE, YOU ARE ELECTING NOT TO OBTAIN VMC’S GUIDANCE. AS A CONDITION OF SUCH PURCHASE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS VMC FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY, SUIT OR EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) INCURRED OR SUFFERED OR OTHERWISE ATTRIBUTABLE TO THE PERFORMANCE OF THE PRODUCT YOU HAVE PURCHASED, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES, BECAUSE OF INJURY OR DAMAGE TO PROPERTY, BODILY INJURY, OCCUPATIONAL SICKNESS OR DISEASE, OR DEATH. YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND HAVE BEEN MADE AWARE OF THAT THE INCORRECT SIZING/SELECTION OF CERTAIN PRODUCTS CAN RESULT IN CATASTROPHIC FAILURES RESULTING IN SERIOUS BODILY HARM AND EVEN DEATH. FURTHERMORE, YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE TAKING 100% RESPONSIBILITY FOR THE SELECTION AND USE OF THE PRODUCT YOU PURCHASE AND THAT VMC HAS NOT OFFERED ANY ASSISTANCE, AID OR SUPPORT IN THE SELECTION OF SUCH PRODUCT AND THAT VMC WILL NOT BE HELD LIABLE OR ACCOUNTABLE FOR ANY DAMAGES AS CITED IN THE EXAMPLES ABOVE, BUT NOT LIMITED TO EXAMPLES ABOVE.
Because of the diversity of specific conditions and variables which can affect the use of any products, as well as the wide range of issues which may be implicated by the use of such products, or arise as a result of such use, you are strongly advised to obtain professional guidance for your specific project needs.
GENERAL CERTIFICATION SERVICES TERMS OF USE
These specific provisions apply to the Certification portions of VMC’s Web Site and all services relating thereto, in addition to the Terms of Use generally.
VMC’s Web Site, including the Certification portions and statements, technical information and recommendations contained herein, is provided as a courtesy to our customers and industry participants for summary informational purposes only. Official certifications, full reports and additional guidance are provided by VMC with respect to product certifications and VMC takes no responsibility for any use by you of the information provided on VMC’s Web Site.
The identification of individuals or companies as having been certified by VMC does not mean that VMC endorses or recommends any such individual or company. VMC makes no warranty or representation regarding the services or products of any company or individual. Further VMC makes no representations or warranties regarding the current status of any product or service. A certification may have expired since being issued by VMC, or a product or service of a company or individual previously certified by VMC may have been altered or may not conform to the specific products tested by VMC.
Regardless of the identification of any certification, or for any other reason, VMC shall have no liability of any kind whatsoever for any products or services provided by any individual or company listed as certified on VMC’s Web Site. Because of the diversity of specific conditions and variables which can affect the use of any products or provision of any service, as well as the wide range of issues which may be implicated by the use of such products or services, or arise as a result of such use, you are strongly advised to obtain professional guidance for your specific project needs.
VMC expressly disclaims any and all liability as to any results obtained or arising from any use of the information contained on VMC’s Web Site, including but not limited to the Certifications. In addition, the information including certifications on VMC’s Web Site may not be up to date. NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, IS MADE CONCERNING THE INFORMATION PROVIDED HEREIN. ANY USE OF SUCH INFORMATION, PRODUCTS AND/OR SERVICES WHICH MAY BE OBTAINED BY YOU FROM OR AS A RESULT OF YOUR ACCESS OF VMC’S WEB SITE IS AT YOUR OWN RISK.
TERMS RELATING TO OBTAINING CERTIFICATIONS AND APPLICATION PROCESS
VMC employs a rigorous certification process. Submission of an application does not guarantee that your product will be certified.
If your product has been certified by VMC, by obtaining such certification, you agree and consent to being identified as certified on the Web Site. In the event that you wish to opt out of such identification, please contact your VMC representative. VMC reserves the right to remove any company or individual from its Web Site listing of certifications in its sole and absolute discretion.
TAX EXEMPTION
VMC may be required by law to collect sales and similar taxes on products it sells. If you believe you qualify for a tax exemption, you may submit a valid tax exemption certificate demonstrating same to VMC. If a valid exemption certificate is received and processed before your order ships, the tax will be adjusted based on the certificate. Otherwise, VMC will not be able to honor an exemption.
VMC must have received and approved your exemption certificate prior to shipment of any products for which the exemption is claimed by you. VMC CANNOT ISSUE REFUNDS FOR TAXES COLLECTED ONCE YOUR PRODUCT SHIPS.
Exemption certificates may be submitted to VMC for review to legal@thevmcgroup.com. Upon review, VMC will inform you if your certificate is accepted, or VMC may request additional information or modification or correction to the certificate.
VMC cannot and does not provide tax advice and assumes no responsibility for your tax matters. You agree to indemnify VMC for any damages VMC might incur as a result of acceptance of your tax exemption certificates.
