Terms and Conditions of use
Vallant.biz Terms and Conditions of use.
1. ACCEPTANCE OF TERMS
1.1 Read these Vallant.biz Terms of Use ("Terms") carefully
before You ("You") accept these Terms by: (a) placing an order through
Vallant.biz (including via the Vallant Store[sm], My Folder[sm], My
Vallant Center, Vallant Bid or Vallant services)", and/or (b) using the
Vallant.biz website ("Website") in any other manner. If You do not
agree to all of these terms, do not use this Website.
1.2 The Terms are entered into by and between Primoz Vallant
("Vallant") and You. If you are using the Services on behalf of
Your employer, You represent that You are authorized to accept these
Terms on Your employer's behalf. Vallant provides the Vallant Store,
and other on-line resources accessible via Vallant.biz (the
"Services") to You, subject to the Terms. Unless explicitly
stated otherwise, the Terms will govern Your use of any new features
that augment or enhance the current Services, including the release of
new Vallant resources. In addition to the Terms and unless otherwise
noted, the Sales
Terms and Conditions govern purchases You make through Vallant.biz,
unless You have currently in effect a separate written purchase or
license agreement with Vallant for that product, in which case that
separate agreement governs. If there is a conflict between: (a) these
Terms, and (b) either the Vallant Standard Sales Terms or other
applicable purchase or license agreement, the latter prevail.
2. YOUR OBLIGATIONS
In consideration of Your use of the Services, You agree to be solely
responsible for: (a) providing true, accurate, current, and complete
information about You as prompted by the Service's registration form
(the "Registration Data"), and (b) maintaining and promptly
updating the Registration Data to keep it true, accurate, current and
complete. You are solely responsible for the security of your password.
Vallant is not liable for any unauthorized use of the Website or
Services. You acknowledge and agree that certain Services may provide
password-restricted access to customer information such as names and
certain terms of Your existing contracts to assist You in purchasing,
maintaining and supporting Your Vallant products. By using this Website
and registering for such Services, You consent to Vallant's display of
such information via the Services and accept all risks of unauthorized
access to such information. If You provide any information that is
false, inaccurate, out of date, or incomplete, or Vallant has
reasonable grounds to suspect that such information is false,
inaccurate, not current, or incomplete, Vallant may suspend or
terminate Your account (as described in Section 10) and refuse any and
all current or future use of the Services (or any portion thereof).
Vallant agrees to make reasonable efforts to implement Your requested
changes, additions, or deletions to Registration Data within one (1)
business day of receipt of such written information. You are
responsible for all costs and charges, including without limitation,
phone charges and telecommunications equipment, that You incur in order
to use the Services.
3. CONFIDENTIALITY OF VALLANT INFORMATION
In order to gain access to the Services, You agree to these
confidentiality provisions:
3.1 You acknowledge that You may obtain direct access via the Website
to certain Vallant confidential information, including Vallant
databases containing confidential information of Vallant and its
suppliers, such as technical, contractual, pricing, marketing, and
other valuable information ("Information"). You must hold
Information in strict confidence and may provide Information to
employees in your organization only on a need-to-know basis. You may
use the Information from the Website solely for the purpose of
purchasing, maintaining and supporting Your Vallant services, products
and equipment. Title to Information remains with Vallant and its
suppliers. You agree, either as an individual or on behalf of Your
employer, to be bound by the provisions of this Section 3. Furthermore,
if You are acting on behalf of Your employer, Your employer agrees to
indemnify You for violations of this Section 3.
3.2 You do not acquire any rights in Information, except the limited
right to use Information as described above.
3.3 Any breach of the Terms will result in irreparable harm to Vallant
for which damages would be an inadequate remedy and, therefore, in
addition to its rights and remedies otherwise available at law, Vallant
will be entitled to equitable relief, including both a preliminary and
permanent injunction, if such a breach occurs. You waive any
requirement for the posting of a bond or other security if Vallant
seeks such an injunction.
3.4 Your obligations regarding Information expire five (5) years after
the date of disclosure. Upon termination of the Terms or Vallant's
written request, You must cease use of Information and return or
destroy all Information.
3.5 The Terms impose no obligation upon You with respect to Information
that You can establish by legally sufficient evidence: (a) You
possessed, or knew, prior to Your receipt from Vallant, without an
obligation to maintain its confidentiality; (b) is or becomes generally
known to the public through no act or omission by You, or otherwise
without violation of the Terms; (c) You obtained from a third party who
had the right to disclose it, without an obligation to keep such
information confidential; (d) You independently developed without the
use of Information and without the participation of individuals who
have had access to Information, or (e) in response to a valid order by
a court or other governmental body, as otherwise required by law, or as
necessary to establish the rights of either party under these Terms and
as disclosed after prior notice to Vallant adequate to afford Vallant
the opportunity to object to the disclosure.
4. YOUR CONDUCT
4.1 You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Content
originated. This means that You, and not Vallant, are entirely
responsible for all Content that You upload, post or otherwise transmit
via the Services. Vallant does not control the Content posted via the
Services and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Services, You
may be exposed to Content that is offensive, indecent or
Objectionable.
4.2 While it is not our intent to monitor Your online communications,
Vallant reserves the right to edit or remove content that we become
aware of and determine to be harmful, offensive or otherwise in
violation of these Terms. Vallant may also remove Content that contains
third-party commercial advertisements, is inaccurate or includes
unauthorized disclosure or personal information. Violation of these
restrictions ("Restrictions") may also result in the termination
or suspension of your account. These Restrictions apply to all content
provided to or through the Services, including email messages,
newsgroup postings, chat, and personal or business web pages.
4.3 You agree not to post or store on Vallant.biz or any of its
affiliated sites any Content that violates or infringes anyone's
intellectual property rights (including copyrights, trademarks, trade
secrets, patents, publicity rights or (to the extent protectable)
confidential ideas) or that is obscene, obscene as to minors, child
pornography, defamatory, racist, lewd, lascivious, filthy, excessively
violent, harassing, or otherwise objectionable
("Objectionable").
4.4 You agree not to use the Services in any way for spamming or to
transmit chain letters, junk email or bulk communications. You agree
not to transmit through the Services any Material that is
Objectionable. You agree not to use any Vallant domain name as a
pseudonymous return email address for any communications that You
transmit from another location or through another service; and You may
not pretend to be someone else/or spoof their identity/when using the
Services. Furthermore, You agree not to transmit unsolicited or bulk
communications to any Vallant account holder or to any Vallant.biz or
affiliated email address (regardless of whether You use the Services to
transmit any such communication).
4.5 You agree not to use the Services for any unlawful activities not
otherwise covered above, including (without limitation) attempting to
compromise the security of any networked account or site, operating an
illegal lottery or gambling operation, stalking, or making direct
threats of physical harm. Additionally, You agree not to use the
Services to:
(a) impersonate any person or entity, including, but not limited to, a Vallant official, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to Vallant.biz from another accessible page);
(c) upload, post or otherwise transmit any Content that You do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(f) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(g) collect or store personal data about other users;
(h) use Your My Vallant account as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Vallant.biz.
5. CONTENT SUBMITTED TO VALLANT
5.1 Vallant does not claim ownership of the Content You place on Your
My Vallant Center or any other part of Vallant.biz. By submitting
Content to Vallant for inclusion on a My Vallant Center or for
elsewhere on Vallant.biz, You grant Vallant and all other users of
Vallant.biz a worldwide, royalty-free, and nonexclusive license to
reproduce, modify, distribute, transmit, display, perform, adapt, and
publish the Content (including in digital form).
5.2 You acknowledge that Vallant does not pre-screen Content, but that
Vallant and its designees have the right (but not the obligation) in
their sole discretion to block or restrict access to or the
availability of, or to disable, any Content that is available via the
Services. Without limiting the foregoing, Vallant and its designees may
disable, restrict access to or the availability of, any Content that
violates the Terms or is otherwise objectionable. You must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content.
5.3 Unless otherwise explicitly stated, herein, or in Vallant.biz's Privacy Policy, any Content provided by You in
connection with this Website shall be deemed to be provided on a
nonproprietary and nonconfidential basis. Vallant shall have no
obligation of any kind with respect to such Content and shall be free
to use or disseminate such Content on an unrestricted basis for any
purpose. You acknowledge that You are responsible for the Content that
You submit, and You, not Vallant, have full responsibility for the
Content, including their legality, reliability, appropriateness,
originality and copyright.
6. PURCHASES ON THE VALLANT BID DYNAMIC PRICING SITE
6.1 The Vallant Bid service allows users to bid on Vallant products and
services, taking advantage of our dynamic pricing model. By purchasing
through our Vallant Bid service, You can be sure that you are getting
genuine Vallant products and services. Vallant sells only Vallant
products and services through the Vallant Bid service and does not sell
the goods or services of any third party.
6.2 Bid carefully! If You are the highest bidder at the conclusion of
the round of dynamic pricing for a particular item, You are obligated
to purchase the item from Vallant.
6.3 By bidding on any item through Vallant Bid service, You agree to be
bound by the Sales
Terms and Conditions for any purchases You make. Bids are not
retractable.
7. DELIVERY OF EMAIL.
Vallant will attempt to deliver all of the email that is addressed to
your email address on Vallant's Services. However, sometimes someone
who may or may not be a subscriber to Vallant's Services may attempt to
relay large numbers of email messages, in bulk, off of or through one
of our servers. Vallant reserves the right to discard that bulk relay
email because it is an unauthorized use of our equipment. Any email
addressed to you in care of Vallant's Services that is included in that
bulk relay email may not be delivered to you.
8. SPAM EMAIL AND POSTINGS.
You agree that Vallant would be irreparably harmed by the use, by You
or others, of Vallant's Services or facilities in connection with the
transmission of spam newsgroup postings or unsolicited email in
violation of these Terms, and that Vallant is entitled to obtain
injunctive relief against any such transmission (in addition to all
other remedies available at law or in equity). Vallant reserves the
right to block, filter or delete unsolicited email.
9. INDEMNITY
You agree to indemnify and hold Vallant, and its subsidiaries,
affiliates, officers, agents, co-branders, alliance members, or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Your Content, Your use of the Services, including any use by
Your employees (including as described in Section 3.1), Your connection
to the Services, Your violation of the Terms, or Your violation of any
rights of another.
10. NOTICES; MODIFICATION AND TERMINATION OF SERVICES
Vallant may send notices to You via either email or regular mail. The
Services may also provide notices of changes to the Terms or other
matters by displaying notices or links to notices to You generally on
the Services. Vallant reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Services
(or any part thereof) with or without notice. Vallant may make changes
to the Vallant Store, including regarding products, services, programs,
and prices, at any time without notice. Vallant, in its sole
discretion, may terminate Your password, My Vallant account, My Vallant
Center, use of the Services or use of any other Vallant service, and
remove and discard any Content within the Services, for any reason,
including, without limitation, for lack of use or if Vallant believes
that You have violated or acted inconsistently with the letter or
spirit of the Terms. Any termination of Your access to the Services
under any provision of the Terms may be effected without prior notice,
and Vallant may immediately de-activate or delete Your My Vallant
account or My Vallant Center and all related information and files in
Your My Vallant account or My Vallant Center and/or bar any further
access to such files or the Services. Further, Vallant will not be
liable to You or any third-party for any termination, modification, or
suspension of the Services.
11. ADVERTISEMENTS AND PROMOTIONS
Vallant runs advertisements and promotions from third parties on the
Services, Vallant.biz and Vallant's other Internet properties. The
manner, mode and extent of advertising by Vallant on Your My Vallant
account or My Vallant Center is subject to change. Your correspondence
or business dealings with, or participation in promotions of,
advertisers other than Vallant found on or through the Services,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between You and such advertiser. Vallant is
not responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of
such non-Vallant advertisers on the Services.
12. LINKS
12.1 The Services may provide, or third parties may provide, links to
other Internet sites or resources. Because Vallant has no control over
such sites and resources, You acknowledge and agree that Vallant is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. Vallant will not be responsible or liable, 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 such Content, goods or
services available on or through any such site or resource.
12.2 This Website may be linked to other websites which are not under
the control of and are not maintained by Vallant. Vallant is not
responsible for the content of those sites. Vallant is providing these
links to You only as a convenience, and the inclusion of any link to
such sites does not imply endorsement by Vallant of those sites.
12.3 Content from Other Internet sites or resources (thierd-partys) on
Vallant.biz is the intellectual property of those from Internet sites
or resources. Any copying, republication or redistribution of content
from those Internet sites or resources, including by caching, framing,
or similar means, is expressly prohibited without the prior written
consent of those Internet sites or resources. Data is provided for
information purposes only, and is not intended for trading purposes.
Those Internet sites or resources shall not be liable for any errors or
delays in content, or for any actions taken in reliance thereon. Those
Internet sites or resources names, logos and are registered trademarks
of those Internet sites or resources.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 The Services and any software used in connection with the Services
("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws.
Content contained in third-party advertisements or information
presented to You through the Services or advertisers is protected by
copyrights, trademarks, service marks, patents, publicity rights, or
other proprietary rights and laws. Except as expressly authorized by
Vallant or advertisers, You agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Services or
the Software, in whole or in part.
13.2 You may use the Software and related Services only subject to the
agreement or license that accompanies such Software or Services. You
may use Services only during their specified term, for the enumerated
number of times, for the specified number of individuals, or as
otherwise limited in the applicable agreement or license. Services
involving an update, version release, product release, maintenance
release, patch or derivative work of a licensed Software or Service may
be used only: (a) on systems for which such Software or Service were
specifically licensed; and (b) subject to the license and warranty term
governing the original product or Service. Services provided as an
element of Vallant's support, consulting or educational services, also
are governed by the terms of the applicable support, consulting or
educational services agreement.
13.3 You must not modify, decompile, or reverse engineer any Software
Vallant discloses to You, and must not remove, overprint, or deface any
notice of copyright, trademark, logo, legend, or other notice of
ownership from any originals or copies of Software or Information from
the Services.
13.4 "Vallant Trademarks" means all names, marks, brands, logos,
designs, trade dress and other designations Vallant uses in connection
with Products or Services. Customer may refer to Products and Services
by the associated Vallant Trademarks, provided that such reference is
truthful and not misleading and complies with the then current Vallant
Trademark and Logo Policies. Customer may not remove or alter any
Vallant Trademarks, nor may it co-logo Products or material associated
with Customer's services. Customer acknowledges Vallant's rights in
Vallant Trademarks and agrees that any and all use of Vallant
Trademarks by Customer shall inure to the sole benefit of Vallant.
Customer agrees not to incorporate any Vallant Trademarks into
Customer's trademarks, service marks, company names, Internet
addresses, domain names, or any other similar designations.
13.5 Vallant is committed to respecting others' intellectual property
rights, and we ask our users to do the same. Vallant may, in its sole
discretion, terminate the accounts or access rights of users who
infringe or otherwise violate others' intellectual property rights. If
You believe that Your work has been copied in a way that constitutes
copyright infringement on our Website, please contact our copyright
agent as described in our Copyright Policy.
13.6 All Content provided on this Website is provided by or to Vallant
by its respective manufacturers, authors, developers and vendors (the
"Third Party Providers") and is the copyrighted work of Vallant
and/or the Third Party Providers. Except as stated herein, none of the
Content may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior express
written permission of Vallant or the Third Party Provider. No part of
the Website, including logos, graphics, sounds or images, may be
reproduced or retransmitted in any way, or by any means, without the
prior express written permission of Vallant. You also may not, without
Vallant's prior express written permission, "mirror" any Content
contained on this Website on any other server.
13.7 Nothing on this Website shall be construed as conferring any
license under any of Vallant's or any Third Party Provider's
intellectual property rights, whether by estoppel, implication, or
otherwise. You acknowledge sole responsibility for obtaining any such
licenses.
13.8 Permission is granted to display, copy, distribute and download
Vallant's Content on this Website provided that: (1) both the copyright
notice identified below and this permission notice appear in the
Content, (2) the use of such Content is solely for personal,
non-commercial and informational use and will not be copied or posted
on any networked computer or broadcast in any media, except as
explicitly permitted by valid license covering such materials, and (3)
no modifications of any of the Content are made. This permission
terminates automatically without notice if You breach any of these
terms or conditions. Upon termination, You must immediately destroy any
downloaded and printed Content.
13.9 Any unauthorized use of any Content contained on this Website may
violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
13.10 Content provided by Third Party Providers has not been
independently authenticated in whole or in part by Vallant. Vallant
does not provide, sell, license, or lease any of the Content other than
those specifically identified as being provided by Vallant.
14. DISCLAIMER OF WARRANTIES
14.1 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND
INFORMATION (AS DEFINED IN SECTIONS 1.2 AND 3.1) ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE
CONTENT ON VALLANT'S WEBSITES IS PROVIDED "AS IS", "WITH ALL FAULTS,"
IS EXPERIMENTAL, AND IS FOR COMMERCIAL USE ONLY. VALLANT DISCLAIMS ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY
KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VALLANT MAKES NO
REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE
CONTENT CONTAINED ON VALLANT'S WEB SITES. VALLANT MAY MAKE AVAILABLE ON
VALLANT'S WEB SITES CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS BEEN
SUBMITTED BY THIRD-PARTY USERS OF VALLANT'S WEB SITES. ANY QUESTIONS
REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH
CONTENT. IN NO EVENT WILL VALLANT OR ITS SUPPLIERS BE LIABLE FOR THE
ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM VALLANT'S
WEB SITES.
14.2 VALLANT MAKES NO WARRANTY OR CONDITION THAT: (i) THE SERVICES WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
14.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES
RESULTING FROM COMPUTER VIRUSES.
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM VALLANT OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY
OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. VALLANT'S EMPLOYEES ARE
NOT AUTHORIZED TO VARY THESE TERMS.
15. LIMITATION OF LIABILITY
15.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, VALLANT IS NOT
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY
TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF VALLANT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING
FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING
OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE
SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICES AND Vallant.biz; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE
FROM VALLANT'S WEB SITES.
15.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF
DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT
MAKE A CLAIM AGAINST VALLANT FOR LOST DATA, RE-RUN TIME, INACCURATE
OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE
CONTENT.
15.3 YOU AGREE TO HOLD VALLANT HARMLESS FROM, AND YOU COVENANT NOT TO
SUE VALLANT FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN
CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation or
exclusion may not apply to You.
16. VALLANT'S PRIVACY POLICY
Vallant respects Your desire for privacy. Vallant's Privacy Policy can
be found at Privacy Statement. By using the Website, You
are consenting to the processing of Your data by Vallant and consenting
to the terms of our Privacy Policy. If we decide to change that policy,
we will post the revised policy prominently on our Website or otherwise
bring it to Your attention, so that You are always aware of what we do
with Your information.
17. GENERAL INFORMATION
17.1 The Terms constitute the entire agreement between You and Vallant
and govern Your use of the Services, superseding any prior agreements
between You and Vallant (including, but not limited to, any prior
versions of the Terms). You also may be subject to additional terms and
conditions that may apply when You use other Vallant services,
third-party content or third-party software. You must not assign or
otherwise transfer the Terms nor any right granted hereunder. Sections
3, 4, 8, 12, 13, 14 and 16 survive termination of the Terms.
17.2 Slovenia law govern any action related to the Terms. No choice of
law rules of any jurisdiction apply. The parties specifically disclaim
the U.N. Convention on Contracts for the International Sale of Goods.
You and Vallant agree to submit to the personal and exclusive
jurisdiction of the courts located in Maribor, Slovenia.
17.3 Vallant controls and operates this Website from its headquarters
in various locations in Slovenia and makes no representation that this
Content is appropriate or available for use in other locations. If You
use this Website from other locations, You are responsible for
compliance with applicable local laws including but not limited to the
export and import regulations of other countries.
17.4 You acknowledge and agree that Content is subject to the Slovenian
Export Administration Laws and Regulations. Diversion of such Content
contrary to Slovenian law is prohibited. You agree that none of the
Content, nor any direct product therefrom, is being or will be acquired
for, shipped, transferred, or re-exported, directly or indirectly, to
proscribed or embargoed countries or their nationals, nor be used for
nuclear activities, chemical biological weapons, or missile projects
unless authorized by the Slovenian Government. Proscribed countries are
set forth in the Slovenian Export Administration Regulations. List of
countries subject to Slovenian embargo subject to change without
further notice from Vallant, and You must comply with the list as it
exists in fact. You certify that You are not on the Slovenian
Department of Commerce's Denied Persons List or affiliated lists or on
the Slovenian Department of Treasury's Specially Designated Nationals
List. You agree to comply strictly with all Slovenian export laws and
assume sole responsibility for obtaining licenses to export or
re-export as may be required.
17.5 This Website could include inaccuracies or typographical errors.
Vallant and the Third Party Providers may make improvements and/or
changes in the products, services, programs, and prices described in
this Website at any time without notice. Changes are periodically made
to the Website. Vallant may amend these Terms at any time by posting
the amended terms on this site. If you are a registered user of
Vallant.biz, Vallant will notify you of changes to these Terms when you
log-in after such changes have been made, thus giving You an
opportunity to review the Terms.
17.6 The failure of Vallant to exercise or enforce any right or
provision of the Terms does not constitute a waiver of such right or
provision. If a court of competent jurisdiction finds any provision of
the Terms 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 the Terms remain in full
force and effect. Regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Services or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles
in the Terms are for convenience only and have no legal or contractual
effect.
17.7 These Terms represent the entire understanding relating to the use
of the Website and prevail over any prior or contemporaneous,
conflicting, or additional, communications.
v1.2
Vallant.biz Trademark Notices
Vallant.biz, Vallant, the Vallant logo, all Vallant formative
trademarks and logos, and other trademarks appearing on this website,
are trademarks or registered trademarks of Primoz Vallant in the
Slovenia and other countries. All other brand and product names may be
trademarks or registered trademarks of their respective holders.

Petition for Protection of Slovenia's Nature