Terms of Service

VALLATION™ TERMS OF SERVICE AGREEMENT

ACCEPTANCE OF THE TERMS OF SERVICE

Welcome to the Website/App of Vallation Systems, Inc. (“Vallation” or “us”, “we”, or “our”). The following terms and conditions, together with any documents referred to in them, (“Terms of Service”) apply to your use of vallationsystems.com and the Content, as defined below, offered on or through the site or the app (‘the Services”) Please read these Terms of Service carefully before using the Services. By using the Services, you accept and agree to abide by these Terms of Service and our Privacy Policy by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must exit the Website/App.

MODIFICATIONS TO THESE TERMS OF SERVICE

We may, at our sole discretion and without advance notice, revise the Terms of Service from time to time. All material changes will apply prospectively only. You are expected to check this page from time to time to take notice of any changes that we make, as they are binding on you. Your continued use of the Services following the positing of revised Terms of Service means that you accept and agree to the changes.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

The entire contents of the Website/App (including all information, software, displays, text, images, video, audio, any functionality, and the URL) and the design, selection, and arrangement thereof (collectively the “Content”), are the property of Vallation or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other intellectual property or proprietary rights and laws. You are permitted to use the Website/App for your personal, noncommercial use only, or legitimate business purposes related to your role as a current or prospective customer of Vallation. You must not copy, modify, create derivative works of, publicly display, or perform, republish, download, or store, or transmit any material on our Website/App without the prior written consent of Vallation, except to:

Store copies of such materials temporarily in RAM
Store files that are automatically cached by your Web browser for display enhancement purposes
Print a reasonable number of pages of the Website/App for a permitted use.
Store data that comes with the download of the App from an approved application retailer.

You must not:

Modify the paper or digital copies of any materials from this site
Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text
Delete or alter any copyright, trademark, and other proprietary notices appearing on such materials.

You must not reproduce, sell, or exploit for any commercial purposes any part of the Website/App, access to the Website/App, or use of the Website/App or any services or materials available through the Website/App without obtaining a license to do so from Vallation or its applicable licensor. If you wish to make any use of material on the Website/App other than that set out above, please visit our Contact Us page and send us an email specifying the use(s) that you are requesting and we will reply. You are not permitted to make any use otherwise without our express written permission.

If you print, copy, modify, download, or otherwise use any part of the Website/App in breach of the Terms of Service, your right to use the Website/App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Vallation reserves the right to terminate or restrict the access rights of your account in the event of a breach of these terms, and as per the terms of this agreement. No right, title, or interest in or to the Website/App or the Content are transferred to you, and all rights not expressly granted are reserved by Vallation. Any use of the Website/App not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

ACCESSING THE WEBSITE/APP
To use this Website/App, you represent and warrant that you are of legal age to form a binding contract with Vallation and are 13 years or older. Access to the Website/App is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the Website/App in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website/App is unavailable at any time or for any period. You are responsible for your own Internet connection providing access to the Website/App. You are responsible for ensuring that all persons who access the Website/App through your Internet connection are aware of these Terms of Service and that they comply with them.

We collect and use information about your visit to the Website/App in accordance with our Privacy Notice. By using the Website/App, you consent to such collection and use.

Additionally, to access the Website/App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website/App that all the information you provide on the Website/App is correct, current, and complete. By providing such information, you may be opting in to receive additional information from Vallation. Please review the Privacy Notice for more details.

USER CONTRIBUTIONS

The Website/App may contain message boards, comment areas, forums, and other interactive features (collectively “Interactive Services”) that allow you to post, submit, publish, display, or transmit to other users (hereinafter “post”) information or materials (“User Contributions”). All User Contributions must comply with the Acceptable Use Policy set out in these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you post, and you, not Vallation, will have full responsibility for such, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that all of your User Contributions do and will comply with these Terms of Service, and you agree to defend, indemnify, and hold harmless Vallation and its licensors for any breach of that representation and warranty. Any User Contribution you post to the site will be considered nonconfidential and nonproprietary, and we have the right to use, copy, distribute, and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant to Vallation the foregoing license and to post such User Contribution. You may not reproduce, display, modify or distribute, in any way, any information or materials (this includes text, graphics, illustrations, photographs, videos, or images) that other users post, submit, publish, display, or transmit on the Website/App.

User Contributions may be reviewed by Vallation prior to publication and Vallation may refuse to post, or may remove any User Contributions at any time, without notice, as Vallation deems necessary in its sole discretion. Vallation has the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Service or could create liability for Vallation.

Notwithstanding the foregoing, Vallation has no obligation to monitor the User Contributions. By posting User Contributions, you acknowledge that any information provided may be seen by other users of the Website/App and therefore no expectation of privacy exists with respect to the information you provide. We are not responsible, or liable to any third party, in any way whatsoever, for the User Contributions by you or any other user of the Website/App.

Any User Contributions are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Vallation. User Contributions are not controlled or endorsed by Vallation, and such communications shall not be considered reviewed, screened, or approved by Vallation. Vallation specifically disclaims any liability with regard to the Interactive Services and any actions resulting from your participation in any Interactive Services.

ACCEPTABLE USE POLICY

You may use the Website/App only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulations.
To defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
For the purpose of exploiting, harming, or attempting to exploit or harm others in any way.
To publish, post, upload, distribute, or disseminate any (i) profane, defamatory, infringing, obscene, or unlawful topic, name, material, or information, or (ii) any information that may violate the intellectual property rights, privacy rights, or publicity rights of a third party.
To transmit, or procure the sending of, any materials without our prior written consent including any advertising, promotional materials, surveys, contests, pyramid schemes, chain letters, or spam.
To impersonate or attempt to impersonate Vallation or a Vallation employee, another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Vallation users of the Website/App, or expose them to liability.

You further agree not to:

Monitor or extract data from the Website/App. This includes Web scraping, either manually or through the use of technology.
Use any robot, spider, or other automatic device, process, or means to access the Website/App.
Introduce viruses, Trojan horses, worms, time bombs, logic bombs, corrupted files or data, or any other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website/App is stored, or any server, computer, or database connected to the Website/App.
Attack the Website/App via a denial-of-service attack or a distributed denial-of-service attack; use any device, software, or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website/App.

LINKS TO THIRD PARTY SITES

The Website/App may contain links for, or links to, third-party websites not under the control of Vallation, which may contain information that some people may find offensive or inappropriate. These links are provided solely as a convenience to you and not as an endorsement by Vallation of the contents on such third-party websites. Vallation is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. Accordingly, Vallation is not responsible for the accuracy, compliance, legality, legitimacy, or decency of material contained in sites which may be accessible via a hyperlink to or from this Website/App or for the hyperlink itself.

If you decide to access linked third-party sites, you do so at your own risk. Vallation cannot ensure that you will be satisfied with any products, services, or information available from a third-party site that links to or from the Website, since these sites are owned and operated by independent third parties. Vallation does not endorse any of the products/services, nor has Vallation taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Vallation does not make any representations or warranties as to the security of any third-party Website/App or the protection of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against Vallation with respect to such sites. Vallation strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Use of any third-party websites are governed by their own Terms of Service and privacy policies to which you are directed.

INTENDED AUDIENCE

This Website/App is operated by Vallation from its offices in the United States. This Website/App is directed to adults in the United States and is not intended for children under the age of thirteen. We make no claims that the Website/App or the Content is accessible or appropriate outside of the United States. Access to the Website/App may not be legal by certain persons or in certain countries. If you access the Website/App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

Vallation respects the intellectual property rights of others. If you believe that any material appearing on the Vallation Website/App has been copied in a way that constitutes copyright infringement, please contact Vallation on our Contact Us page.

DISCLAIMER OF WARRANTIES WITH RESPECT TO WEBSITE/APP

Vallation does not represent or warrant the accuracy or reliability of any of the Content, nor the quality of any information or other materials or services displayed, sold, or purchased by you as a result of your use of our Website/App. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. Unless otherwise provided in these Terms of Service, Vallation reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of our Website, with or without notice to you.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE/APPAND ALL INFORMATION HEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED, OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, VALLATION DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY DATABASE, MATERIAL, OR ANY THIRD-PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS, OR DATA WILL BE ERROR-FREE, OR THAT ANY DEFECTS IN SUCH INFORMATION, ITEMS, PRODUCTS, SERVICES, SYSTEMS, DATABASES, OR MATERIALS WILL BE OR CAN BE CORRECTED. VALLATION DOES NOT WARRANT OR GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE/APP WILL BE FREE OF INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. VALLATION MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, ORAL, OR WRITTEN, WITH RESPECT TO THE WEBSITE/APP AND ITS CONTENT, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL VALLATION OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL LOSSES, DAMAGES, OR EXPENSES, DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF OUR WEBSITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR THE CONTENT USED HEREIN OR THEREWITH, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 IN THIS SECTION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold harmless Vallation, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys’ fees, due to or arising out of (i) your breach of this Terms of Service, or your violation of any law or the rights of a third party; or (ii) any material or information posted, provided, transmitted, or otherwise made available by you on the Website/App.

MISCELLANEOUS

Failure by Vallation to enforce any provision(s) of this Terms of Service shall not be construed as a waiver of any provision or right. This Terms of Service, and any additional terms referenced herein, constitute the entire Terms of Service between Vallation and you with respect to the Website/App. If any provision of this Terms of Service is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Service shall remain in full force and effect. This Terms of Service inures to the benefit of Vallation, its successors, and assigns.

If you have any questions regarding the terms and conditions of this Agreement, you may send inquiries by electronic mail to legal@VallationSystems.com.