Terms and Conditions of Use

 

You acknowledge that by using and accessing www.vmcfacilities.com (the “Web Site”) you are agreeing to all of the following terms and conditions (the “Terms”). These Terms constitute a legal contract between you, an individual user of at least eighteen (18) years of age (“You” or “User”) and VMC Facilities, LLC (“VMC”), and govern your access to, and use of, the Web Site, together with the services available through the Web Site and the information provided on the Web Site. If you do not agree with any of these Terms, close this Web Site down immediately and do not access or otherwise use this Web Site or any information contained on this Web Site. Your use of this Web Site shall be deemed to be your agreement to abide by each of the terms set forth herein.

 

Relationship with Third Parties. Any mention on the Web Site of non-VMC products and/or services offered by third party providers such as, but not limited to, Ascentium Capital, is for your convenience and for information purposes only and does not constitute an endorsement by VMC. The use of the words “partner” or “partners” on this Web Site does not indicate or imply the existence of any partnership or agency relationship or any legal or fiduciary relationship of any kind between VMC and any other business entity or enterprise or that such entity or enterprise is an affiliate of VMC in any way.

 

Links to Third Party Websites. Any links to third party web sites from this Web Site are provided for your convenience and for information purposes only. Use of these links will result in you leaving this Web Site. VMC does not control and is not responsible for any third party web sites or their content or availability. VMC therefore does not endorse or make any representations about such web sites, the products and/or services they offer, or any material contained therein, or any results that may be obtained from using them. VMC expressly disclaims any responsibility for such third party sites, which are provided on an “as is” basis without warranties of any kind, express or implied. If you decide to access any of the third party web sites linked from this Web Site or use any product and/ or service referenced therein, you do so entirely at your own risk.

 

Limitation of Warranties and Liability. VMC does not warrant that the content or functions of the Web Site or any third party web site linked from this Web Site will meet your specific requirements or that the operation of the Web Site or any third party web site will be uninterrupted or error-free. Although VMC has attempted to provide accurate information on this Web Site, VMC assumes no responsibility for the accuracy of the information.

 

VMC SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS CONTAINED IN THIS WEB SITE. THIS WEB SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, ABSENCE OF ANY VIRUSES OR CONTENT OF ANY INFORMATION, SOFTWARE, OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE, AND WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION, SOFTWARE, MATERIAL OR CONTENT PROVIDED BY OR THROUGH THE WEB SITE RESTS WITH THE USER.

 

VMC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM USE OF THIS WEB SITE. VMC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE WEB SITE OR ANY SERVICE PROVIDED HEREIN TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH THE WEB SITE, OR FOR ANY LACK OF ACCESS TO THE WEB SITE. VMC MAY INTERRUPT THE WEB SITE AT ANY TIME TO PERFORM MAINTENANCE, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT SHALL VMC BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER), HOWEVER ARISING, EVEN IF VMC KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE. THIS LIMITATION OF LIABILITY ALSO APPLIES WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCED OR LINKED THIRD PARTY SITE.

 

VMC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE PRODUCTS AND SERVICES OFFERED OR PROVIDED BY A THIRD PARTY PROVIDER AND VMC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO ANY PRODUCT AND/OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS WHICH VARY FROM STATE TO STATE.

 

Indemnification. You agree to indemnify, defend, save, and hold harmless VMC, together with its parent companies, subsidiaries, affiliates, contractors, employees, agents, third-party suppliers, members and partners, from any claims, losses, damages, liabilities (including, without limitation, attorney’s fees, paralegal fees, courts costs or other legal fees and expenses), arising out of your use or misuse of the Web Site, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. VMC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify, defend or hold harmless VMC, and you agree to cooperate with VMC’s defense of these claims. VMC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

Security and Confidentiality of Information. VMC makes no representation or guarantee regarding the confidentiality or security of any information submitted through this Web Site. VMC shall not be responsible for the security of any personal information you transmit through this Web Site or any third party web site linked from this Web Site. You agree to not publish or transmit any personal, confidential, or otherwise sensitive information, including, but not limited to financial information and business strategies or plans on this Web Site.

 

Modification. VMC reserves the right to modify these Terms in any manner and at any time, by posting updated Terms on the Web Site. Any modification shall be effective immediately upon posting on the Web Site. Your continued use of the Web Site following any modification of these Terms shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of VMC in maintaining and operating the Web Site, shall be to cease use of the Web Site. VMC may at any time, without notice or liability, change or eliminate any content or feature of the Web Site, or restrict the use of any portion of the Web Site, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any such change or elimination shall be to cease use of the Web Site.

 

Governing Law and Jurisdiction. These Terms, and your use of the Web Site, shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts of laws principles. Jurisdiction and venue for any actions or proceedings for any dispute or matter which in any manner is related to this Web Site or concerning the enforcement, construction or interpretation of these Terms, shall be exclusively in the state or federal courts located in Knoxville, Tennessee. You expressly submit and consent to the jurisdiction of the aforesaid courts and waive any defense of forum non conveniens.

 

Copyright. VMC and the VMC logo are trademarks or registered trademarks of VMC and/or its affiliates in the U.S. and other countries. Third-party trademarks mentioned are the property of their respective owners.