Disclaimer of Warranties and Liability
The Web sites include facts, views, opinions and recommendations of individuals and organizations that we have deemed may be of interest to you. However, we do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse the views, opinions or recommendations of others.
Acceptance of Terms of Service
Acceptable Site Use
The Site may be used only for lawful purposes by individuals seeking information about Volckening, to use the Volckening Service or to register to the services offered on the Site. Volckening specifically prohibits any use of the Site, and you agree not to use the Site, for any specific prohibited use or to violate the Site security, as explained below.
You agree not to use the Site to:
- Operate any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- Commence any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Access the Site by any means other than through the interface that is provided by Volckening for use in accessing the Site;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- If you have a password allowing access to a non-public area of the Site, disclose or share your password with, any third parties or use your password for any unauthorized purpose;
- Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the navigation engine and search agents available from Volckening on the Site and other than generally available third party web browsers (e.g., Microsoft Explorer, NeoPlanet, Netscape Navigator);
- Engage in the practices of “screen scraping” or “database scraping” to obtain lists of facts, URLs, users, registrants, or other information;
- Attempt to decipher, decompile, disassemble or reverse the engineering of any of the software comprising or in any way making up a part of the Site;
- Frame Site content in another web page;
- Collect or store personal data about other users of the Site;
Web site Security
You agree not to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, to any email address listed on the Site, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You agree and acknowledge that violations of the Site’s security may result in civil or criminal liability, and that Volckening will investigate any possible violation of the Sites’ security and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Registrant Accounts, Passwords, and Security
Certain areas of the Site are accessible only to registrants of Volckening. If you are such a registrant, you will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account, whether or not authorized by you. You agree to (a) immediately notify Volckening of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Volckening cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.
Links to Third-Party Sites
The Site and the Volckening Service provide links to other Internet sites or resources. Because Volckening has no control over such sites and resources, you acknowledge and agree that Volckening 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. You further acknowledge and agree that Volckening shall 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.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, 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. You agree that Volckening shall not be 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 advertisers on the Site, including claims for violation of privacy.
You agree to indemnify and hold Volckening, and its subsidiaries, affiliates, officers, agents, co-branders 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 use of the Site or your breach of these Terms, or your violation of any rights of another.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VOLCKENING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- VOLCKENING MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN ANY SOFTWARE USED ON THE SITE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS ROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOLCKENING OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VOLCKENING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VOLCKENING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR ANY OTHER MATTER RELATING TO THE SITE.
Modifications to Site
Volckening reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Volckening shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
Volckening Copyright Information
Copyright © 2003 – Volckening, Inc. All rights reserved.
Volckening respects the intellectual property of others and we ask our Site users to do the same. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide Volckening’s Copyright Agent with a Notice of claim of copyright infringement containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.Volckening’s Copyright Agent for Notice of claims of copyright infringement on the Site is:
6700 THIRD AVENUE
BROOKLYN, NY 11220-5296
These Terms supercede any prior agreements between you and Volckening concerning your use of the Site, except any applicable registration or affiliate or other similar agreement you have entered into with Volckening, which will continue in full force in effect by its own terms. The Terms and the relationship between you and Volckening shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and Volckening agree to submit to the personal and exclusive jurisdiction of the state courts located within Dakota County, Minnesota or federal courts in the Eighth Circuit in Minnesota. The failure of Volckening to exercise or enforce any right or provision of the Terms shall not constitute a online pharmacy reviews. If any provision of the Terms is found by a court of competent jurisdiction 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site 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.
Violations of the Terms
Please report any violations of these Terms to:
6700 THIRD AVENUE
BROOKLYN, NY 11220-5296