Valair Inc.

Terms of Use

 

Last Updated: September, 23rd 2007

Welcome to Valair Inc. web site (“Site”).  By using this Web Site, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with any of these Terms of Use, please do not use this Site.  Valair reserves the right to update or change these Terms of Use at any time and for any reason, without notice.  By continuing to use the Site, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version for your records.  For your information, the date of the last update to these Terms of Use is posted at the top of this page.

THIS AGREEMENT INCLUDES:

  1. Agreement to Contract Electronically
  2. Modifications
  3. Monitoring
  4. Intellectual Property
  5. Digital Millennium Copyright Act
  6. User Submissions
  7. Links to Other Web Sites
  8. No Warranty
  9. General Legal Provisions

1.  AGREEMENT TO CONTRACT ELECTRONICALLY

You agree that this electronic Terms of Use agreement, combined with your accessing and using this Site or clicking on “I Agree,” have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds.  You shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.  In addition, you acknowledge that you have had the opportunity to print this Terms of Use agreement. You warrant, as a condition of the use of the Site, that you will not use the Site for any purpose that is unlawful, infringes on the rights of others, or is prohibited by these Terms of Use.

2.  MODIFICATIONS

We may discontinue, add to, modify, upgrade, or replace all aspects of the Site in our sole discretion and without notice.  In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Site.

3.  MONITORING

Valair has no obligation to monitor this Site or any use thereof or to retain the content of any user session.  Valair reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity.  Valair may use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Terms of Use or to protect our Site and its visitors or others.

4.  INTELLECTUAL PROPERTY

Ownership: This Site includes trademarks, service marks, logos, domain names, copyrights and other proprietary materials including, but not limited to, text, information, data, artwork, video, audio, images, graphics and software (collectively, the “Content").  Valair and/or its third-party content providers own all right, title and interest in and to the Site and the Content.

Permitted Use of Site and Content: You may download and print Content provided that the Site is not reproduced in its entirety, for non-commercial personal or educational purposes, such as teaching, research, criticism or commentary.  However, any such use must be accompanied by a citation to the author and source of the information, including the URL “http:/www.valairinc.com” and any copyright and trademark notices originally included with the Content.  You may not alter or modify the Content or use the Content for any other purpose.  You acknowledge that the Valair and/or third-party content providers remain the owners of the Site and the Content, and that you do not acquire any ownership rights by downloading or posting Content. The foregoing sets forth your entire right to copy and use Content found on the Site.  Any other use requires the prior written consent of Valair, which may be granted or denied at Valair’s sole discretion, as well as that of any other owner(s) of the Content.

6.  DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that any Content on this Site infringes your copyright, you should notify Valair of your copyright infringement claim in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.  The DMCA requires that notifications of claimed copyright infringement should be sent to Valair’s Coordinator of Legal Affairs at:

Valair Inc.,

3911 FM 3028, Mineral Wells, Texas 76067; or phone 940.327.0682 or fax 940.327.8405.
To be effective, the notification must be in writing and contain information required by the Digital Millennium Copyright Act. (17 U.S.C. §512(c) (3).

7.  HOUSE RULES FOR USER SUBMISSIONS

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party.  If you make any such submission, you automatically grant or warrant that the owner of such content has expressly granted Valair a royalty-free, perpetual, irrevocable, world-wide right and license to use, reproduce, copy, create derivative works from, modify, publish, edit, translate, distribute, transmit, perform and display the communication or content in any media or medium or any form, format, or forum now known or hereafter developed.  Valair reserves the right to remove any content submitted to the Site without notice.

8.  LINKS TO OTHER WEB SITES

This Site may contain links to third party web sites (“Third Party Sites”).  We do not endorse the content on Third Party Sites. The links are provided for your convenience only.  We have no control over the content on Third Party Sites; therefore, we are not responsible or liable for any content, advertising or products on or available from such Third Party Sites.  You further acknowledge and agree that Valair is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Site.

9.  NO WARRANTY

THIS SITE AND ALL CONTENT IS PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, UNINTERRUPTED ACCESS, NONOFFENSIVE CONTENT, AND/OR NONINFRINGEMENT.  WHILE VALAIR USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION IN THIS SITE, IT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO TRUTH, ACCURACY, OR COMPLETENESS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE.  VALAIR ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF, OR DOWNLOADING OF ANY CONTENT FROM, THE SITE. YOU (AND NOT VALAIR) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION; ACTIONS TAKEN OR NOT TAKEN ARE YOUR SOLE RESPONSIBILITY.