WELCOME!  Please read these terms and conditions carefully before viewing or using any portion of our website. 

TERMS AND CONDITIONS

v     Acceptance.

Ø      This Agreement describes your agreement with Vector Products, Inc. d/b/a Vector Manufacturing (“Vector”) with respect to your use of this website (the “Website”).  You hereby agree to abide by all of the terms and conditions contained in this Agreement in order to continue viewing or using the Website.

Ø      Vector reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion.  Changes in this Agreement will be posted at the Website, and made available through the “terms and conditions” link.  It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this Agreement.  Your continued use of the Website after any changes are made, shall be deemed your acceptance of the changes.

v     Copyright.  The Website is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws.  The contents of the Website are only for your personal, noncommercial use.  All materials contained on the Website are owned or controlled by Vector or the party credited as the provider of the content.  You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website.  Copying or storing of any content from the Website (except incidental storage by a Web browser) is expressly prohibited without prior written permission from Vector or the copyright holder as identified on the Website.

v     Trademarks.  Vector owns many trademarks that appear on the Website.  The trademarks of Vector’s retailers, licensors and others also appear on the Website.  You agree not to use Vector’s trademarks without Vector’s express written authorization and agree not to use the trademarks of Vector’s retailers, licensors and others.  In addition, you agree not to delete any trademark or similar notice from any content that you obtain from the Website. 

v     Unsolicited Idea Submission Policy.  Vector and/or any of its employees do not accept or consider unsolicited ideas, including but not limited to, ideas for new products or technologies, product enhancements, advertising campaigns, marketing plans, promotions, new product names.  In order to avoid potential misunderstandings or disputes about ideas of Vector’s that may seem similar to ideas submitted to Vector, please do not send Vector and/or any of its employees any unsolicited ideas, original creative artwork, suggestions or other works.  If you ignore our request and send your ideas, the following terms shall apply to your idea submission: Terms of Submission:  You agree that: (1) your ideas and all intellectual property rights associated with your idea will automatically become the property of Vector, without compensation to you, and (2) Vector can use the ideas for any purpose and in any way it determines in its sole discretion.

v     Changes to the Website.  Vector may change, suspend or discontinue any aspect of the Website at any time.  Vector may also impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.

v     Representations and Warranties.  You represent, warrant and covenant that:

Ø      You are at least eighteen years old; and

Ø      You will not upload, post, transmit, distribute or otherwise publish through the Website any materials which:

§         Restrict or inhibit any other user from using and enjoying the Website;

§         Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent;

§         Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law;

§         Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;

§         Contain a virus or other harmful or potentially harmful component;

§         Contain any information advertising of any kind; and/or

§         Constitute or contain false or misleading indications of origin or statements of fact.

v     Content.  Vector does not guaranty or warrant the accuracy or reliability of any message, advice, statement, or other information displayed or distributed through the Website.  You acknowledge that any reliance upon any such message, advice, statement, or information shall be at your sole risk.  Vector has the right, but not the obligation, to correct any errors or omissions in any portion of the Website without liability to you.

Ø      Vector strives to provide you with the updated product information through the Website.  Despite our efforts, the information may occasionally contain errors, omissions, inaccuracies, or outdated information.  Vector makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any information provided to you through the Website, and shall not be liable for any lack of the foregoing. 

Ø      We do not represent or warrant that every action you take with regard to your activities on the Website will be lawful in any particular jurisdiction.  It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Website.

v     Links to Other Sites.  The Website contains links to many of the fine retailers that sell Vector-made products.  These links are provided for informational purposes only, and should not be considered to be an endorsement of those retailers.  The Website may also contain links and pointers to other World Wide Web sites and resources.  If you click on these links, you will be transported to other websites that are neither owned nor controlled by Vector (collectively, “Third Party Sites”).  Vector has no control over the statements, products or services featured or sold at the Third Party Sites.  Links to Third Party Sites do not constitute an endorsement by Vector of the Third Party Sites, nor any of the statements, products or services offered or sold at the Third Party Sites. 

v     Links From Other Sites. Any other party that links to the Website:

Ø      Shall not create a browser or border environment around any of the content of the Website;

Ø      May link to the Website’s homepage (i.e., www.Vectormfg.com), but shall not “deep link” past the homepage or replicate the Website’s content;

Ø      Shall not imply that the Website or Vector is endorsing or sponsoring it or its products;

Ø      Shall not present false information about Vector or its products or services;

Ø      Shall not use Trademarks without the prior written permission from Vector; and,

Ø      Shall not contain content that could be construed as distasteful, offensive or controversial.

v     WARRANTY; LIMITATIONS. 

Ø      THE WEBSITE, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS, PRODUCTS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED “AS IS.”  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VECTOR MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT:

§         THE CONTENT ON THE WEBSITE;

§         THE CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH THE WEBSITE; AND/OR,

§         ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.

Ø      VECTOR DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES FOR THE WEBSITE INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  VECTOR DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE; THAT ERRORS OR OMISSIONS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  VECTOR SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

Ø      VECTOR DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES.  YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.

v     Limitation of Liability.  Under no circumstances shall Vector be liable for any special, incidental, indirect or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Website even if Vector has been advised of the possibility of such damages.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

v     Indemnity. You agree to indemnify Vector, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as "Indemnitees") and Vector agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys' fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against Vector and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of the Website.

v     Maryland Law and Jurisdiction.  Notwithstanding any provision to the contrary, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of Maryland, excluding conflict of laws provisions and excluding the 1980 United Nations Convention on Contracts for the International Sale of Goods.  The parties consent to the sole and exclusive jurisdiction and venue of the Maryland state courts in Baltimore County, Maryland, for all state court matters, and the United States District Court for the District of Maryland for all federal court matters and pendant state claims.

v     Miscellaneous.  This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them.  Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement.  It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter.  If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.

Special Conditions Relating to Purchases Made Through the Website

v     In addition to all of the terms listed above, the following terms and conditions shall govern your purchase of any Products purchased at or through the Website.

Ø      Delivery.  Vector will make every reasonable effort to comply with any scheduled shipping date, but shall not be responsible for any damages that may arise due to Vector’s failure to ship on time, even if Vector has or had been advised of the possibility of such damages.

Ø      Deposits.  All deposits (if applicable) are non-refundable.

Ø      Transportation and shipping costs.  Unless otherwise agreed to by Vector, the customer is responsible for all transportation and shipping costs.  The Products are sold F.O.B. from Vector in Broward County, Florida.

Ø      Title.  Vector retains title to the Products until you perform all of your obligations under this Agreement including, without limitation, full payment of the purchase price.

Ø      Force Majeure.  Vector shall be excused for any delay in its performance or obligations under this Agreement, if such delay is caused by circumstances beyond the Vector’s reasonable control, including without limitation, any delay caused by any act or omission of the other party, acts of God, war, floods, windstorms, labor disputes, or delay of essential materials or services.

Ø      Reconditioned or Remanufactured Product.  The term Reconditioned or Remanufactured generally means that the product has been returned to Vector, which brings the product back to “like new” condition.  Some Reconditioned or Remanufactured products may contain cosmetic blemishes.

Ø      VECTOR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM THE INSTALLATION, USE OR LOSS OF ANY PRODUCTS.  WITHOUT LIMITING THE FOREGOING, THIS EXCLUSION FROM LIABILITY EMBRACES THE CUSTOMER’S DAMAGE TO PROPERTY, AND DAMAGES ARISING FROM THE INJURY TO, OR DEATH OF, ANY PERSON.

Ø      IN NO EVENT SHALL VECTOR BE LIABLE FOR (i) LOST PROFITS; (ii) ANY CLAIM AGAINST CUSTOMER BY ANY THIRD PARTY; (iii) DAMAGES TO STRUCTURES, BUILDINGS, CONTENTS, PRODUCTS OR PERSONS CAUSED BY THE USE OR INSTALLATION OF THE PRODUCTS; AND/OR (iv) ANY LOSS, DAMAGES OR EXPENSE OF ANY KIND RESULTING FROM VECTOR OR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR SALES PERSONS RENDERING TECHNICAL ADVICE OR OTHER ADVICE.

v     Customer’s Remedies.  No Products should ever be returned to Vector without Vector’s prior written authorization.  The customer shall pay any transportation charges involved in returning the Products to the original point of delivery.  The customer’s express and sole remedy on account of or with respect to the Products shall be to secure repair or replacement of the Products under the manufacturer’s warranty, if one exists. 

v     Indemnity.  The customer shall indemnify and hold Vector harmless from any and all claims, actions, proceedings, expenses, damages or liabilities, including reasonable attorneys’ fees at the trial and appellate levels, arising in connection with customer’s sale, installation or use of the Products.

v     Fraud.  It is a violation of the law to place orders under a false name or with an invalid credit card.  We have a sophisticated fraud control system that screens for suspicious orders, which are subject to investigation and possible cancellation by our fraud control team.  Fraudulent ordering will be prosecuted to the fullest extent of the law. 

v     System Availability.  Vector makes every effort to ensure that the Website is available for ordering items 100% of the time.  Should we experience technical difficulties, Vector is not responsible for orders that are not processed or not accepted due to such technical difficulties.

v     Advertising Disclaimer.  Vector is not responsible for products advertised in error.  Advertised prices and available quantities are subject to change without notice.  Vector is not responsible for omissions or errors in typography or photography.  All purchases are subject to availability.  Prices, policies, specifications and item availability are subject to change without notice.