Date of Last Revision: 07/21/2016
Venturi’s Terms are divided into two sections. Part One applies to all users; Part Two only applies to those who choose to make a purchase from us.
Venturi reserves the right to change or modify these Terms at any time and in our sole discretion. If Venturi makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the Last Revision date at the top of this document. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites.
PART ONE – TERMS FOR ALL SITE USERS
2. Eligibility and Account Usage
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you have not previously been suspended, blocked or removed from the Sites for any reason and that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
As part of your use of the Sites, you may decide to create a User Account. By doing so, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify Venturi if you discover or otherwise suspect any security breaches related to the Sites.
3. Ownership of Site Content
Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the Venturi logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Venturi or our affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial, personal use. Such license is subject to these Terms and excludes: (a) any resale of the Sites or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of Venturi, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Infringement Policy and Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Venturi has adopted a policy of terminating, in appropriate circumstances and in Venturi’s sole discretion, account holders who are deemed to be repeat copyright infringers. Venturi may also, in our sole discretion, limit access to the Sites and/or terminate the user accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement by contacting Venturi directly:
“TARGARD”, “SLIPX SOLUTIONS,” and other Venturi product or service names, logos, product images or slogans that may appear on the Sites are trademarks or registered trademarks of Venturi and our affiliates or subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Venturi. You may not use any metatags or any other “hidden text” utilizing “TARGARD”, “SLIPXSOLUTIONS” or any other name, trademark or product or service name of Venturi without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Venturi and may not be copied, imitated or used, in whole or in part, without our prior written permission.
If you believe that anything on the Sites infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints.
Any US or foreign patents that apply to the Sites and to the features, services, and/or products accessible via the Sites, shall be listed within this section of The Terms for review/reference. Use of the Sites signals your acceptance of all protections and restrictions provided by US and foreign law related to Venturi’s approved and pending patent filings.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Venturi or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any Venturi owned logo or other proprietary graphic of Venturi to link to the Sites without the express written permission of Venturi. Further, you may not use, frame or utilize framing techniques to enclose any Venturi trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Venturi’s express written consent.
Venturi makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Venturi and Venturi provides these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by Venturi of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
8. Product Reviews
9. User Conduct
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree not to:
- Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
- Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided or approved by Venturi to access the Sites or to extract data;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another’s account without authorization from Venturi;
- Attempt to access any service or area of the Sites that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with User Content and our Sites; or
- “Frame” our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
- Venturi has no obligation to monitor any user conduct on the Sites, and Venturi reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice.
10. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the Parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Venturi and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, employees, independent contractors, service providers and consultants (together with Venturi, the “Venturi Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your use or misuse of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Product Review feedback you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify the Venturi Parties of any third party Claims, cooperate with the Venturi Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the Venturi Parties shall have control of the defense or settlement of any third party Claims.
Except as expressly provided, the Sites, Site Content, User Content and services provided on or in connection with the Sites (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. VENTURI DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Venturi does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Venturi does not represent or warrant that the Sites or our servers are free of viruses or other harmful components.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VENTURI PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE COMPLETE SITE (INCLUDING BUT NOT LIMITED TO USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES THAT WE DO NOT OWN OR CONTROL), YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER SITE USERS, OR OTHERWISE RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE COMPLETE SITE, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO A VENTURI PARTY’S RECORDS, PROGRAMS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VENTURI PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VENTURI FOR ACCESS TO OR USE OF THE COMPLETE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION 13 WILL NOT LIMIT OR EXCLUDE THE VENTURI PARTIES’ LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
14. Modifications to Site
Venturi reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.
15. Applicable Law and Venue
THESE TERMS AND YOUR USE OF THE SITES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN, APPLICABLE TO AGREEMENTS MADE AND TO BE ENTIRELY PERFORMED WITHIN THE STATE OF MICHIGAN, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN GRAND TRAVERSE COUNTY, MICHIGAN AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS.
Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, Venturi reserves the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
PART TWO – TERMS FOR USERS MAKING PURCHASES
(PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITES.)
1. Pricing and Availability
All prices are shown in U.S. dollars (except where otherwise noted); taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Additionally, many products displayed on our Sites are also available in third party retail stores while supplies last, but you should not assume that what you see on the Sites can always be seen in stores that we partner with. Prices displayed on the Sites may vary from those in third party retail stores or from store-advertised prices.
We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
3. Agreement to Conduct Transactions Electronically
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
4. Shipping & Handling
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. Any shipping or handling charges may or may not reflect actual costs. Any shipping times shown on the Sites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export. All orders are shipment contracts, not destination contracts.
5. Payments and Credits
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
6. Returns and Exchanges
Venturi is committed to providing exceptional customer service, and customer satisfaction is very important to us. To that end, whether you made your purchase through the Sites, Venturi’s phone/mail order systems, or a recognized and authorized third party retail partner, you may return or exchange it by mail, subject to any contrary terms imposed on your specific purchase (e.g., sale items clearly marked as non-returnable, or the like) and provided that you follow all instructions provided on the Sites.
Returns may make you ineligible for promotions and we reserve the right to require identification, proof of purchase, or additional verifiable information to help Venturi locate the purchase in our records. If a gift certificate or card, coupon or payment mechanism other than a credit or debit card was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we may provide your refund in the form of a merchandise-only credit. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on current product sales prices.
If you believe a product sold by Venturi has a condition or defect that might make it unsafe, please report this safety concern immediately by calling 1-800-968-0104.
7. Complaints and Legal Notices
All complaints and legal notices should be mailed to Venturi, Attn: Legal Dept., 2299 Traversefield Drive, Traverse City, MI 49686. If a law requires us to accept legal notices via email, call 1-800-968-0104 to ask for the address intended for receipt of such notices.
8. Limited Warranty
Venturi warrants that TarGard and SlipX Solutions branded products will be free from defects in materials and workmanship at the time of sale. This warranty does not cover damage or malfunctions caused by normal wear and tear, accident, abuse, neglect, improper storage or handling, misuse, vandalism, acts of God, or other causes external to the product.
Venturi makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising from course of dealing, course of performance, or usage of trade.
This warranty gives you specific legal rights, and you may have other rights, which vary from State to State.
9. Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Venturi’s sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under the Venturi returns and exchanges policy. IN NO EVENT SHALL THE VENTURI PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF THE VENTURI PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
THE LIMITATIONS SET FORTH IN THIS SECTION 9 WILL NOT LIMIT OR EXCLUDE THE VENTURI PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITES, OR FOR THE VENTURI PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.