Terms and Conditions


 

TERMS AND CONDITIONS OF USE

 

Welcome to our website, www.vtcar.com (the “Website”). This Website is maintained by Lance Smith Inc., d/b/a Vermont SportsCar (“VSC”) as a service to our customers. By accessing this Website, you agree to comply with and be bound by the following Terms and Conditions of Use and all applicable law. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not access or use this Website.

 

  1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of the Website and describe the terms and conditions applicable to your access of and use of the Website. This Agreement may be modified at any time by VSC (“VSC”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.shop.vtcar.com/pages/terms-and-conditions. You agree, from time to time, to review this Agreement, and that each access or use of this Website by you shall constitute and be deemed your unconditional acceptance of this Agreement.

 

  1. Privacy. Your visit to our Website is also governed by our Privacy Policy. Privacy terms are governed by the Privacy Policy. Please review our Privacy Policy at www.shop.vtcar.com/pages/privacy-policy.

 

  1. Ownership. All content included on this Website is and shall continue to be the property of VSC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights and all applicable laws. Any copying, redistribution, use or publication by or through you of any such content, intellectual property or any part of the Website is prohibited, except as expressly permitted in this Agreement or as further agreed to in writing by VSC. Under no circumstances will you acquire any ownership rights or other interest in any content or intellectual property by or through your use of this Website.

 

  1. Intended Audience. This Website is intended for adults only. This Website is not intended for any children under the age of 13.

 

  1. Trademarks. All intellectual property, trademarks, service marks, logos, trade names and representations of trade dress of VSC used herein are marks or registered trademarks of VSC and may not be used without the prior written permission of VSC. Other product and company names mentioned on this Website may be trademarks of their respective owners, but in all instances, all intellectual property contained herein is the sole property of VSC and/or a third-party licensor of VSC.

 

  1. Website Use. VSC grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of this Agreement or any applicable law. The access to and use of this Website is at the discretion of VSC and VSC may terminate your access and use of this Website at any time. Any links to third-party websites which are made available on the Website are for your consideration, and you acknowledge and agree that you access and utilize such links at your own risk and discretion. Please note, if any third-party links are accessed or utilized, that such third-party sites are likely to contain their own terms of use, privacy policies, and other controlling documentation.

 

  1. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

 

  1. Indemnification. You agree to indemnify, defend, and hold VSC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Website.

 

  1. Disclaimer. THE INFORMATION, CONTENT, OR MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VSC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VSC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR MATERIALS ON THE WEBSITE. VSC DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF ALL OR PARTS OF THE WEBSITE WILL BE uninterrupted OR ERROR FREE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES, HACKERS, OR OTHER ITEMS OR EXPERIENCES WHICH MAY BE HARMFUL OR CAUSE DAMAGE TO OR DESTRUCTION OF THE HARDWARE USED TO ACCESS THE WEBSITE, OR LOSS OF YOUR PERSONAL INFORMATION. VSC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY AND ALL USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR THE USE OF THE WEBSITE AND ANY LINKED SITES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

 

  1. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL VSC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR USAGE OF THE WEBSITE, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF THE WEBSITE, COMPUTER VIRUS OR THE LIKE, OR THE CONTENT OR MATERIALS LOCATED ON THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.

 

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

 

  1. Use of Information. VSC reserves the right, and you authorize us, to use and assign all information regarding your use of the Website and all information provided by you in any manner consistent with our Privacy Policy, including but not limited to comments, information, designs, ideas, or other content posted by you to the Website.

 

  1. User Produced Content. You acknowledge and agree that users of the Website may from time to time have the ability to post content, comments, reviews, opinions or the like to public forums located on the Website, and that VSC is not responsible for such user produced content. Although VSC will attempt to review user produced content and delete content which is unlawful, threatening, defamatory, or the like, VSC cannot guarantee that such material will be removed in a timely fashion. You further acknowledge and agree that VSC does not support, agree with, perpetuate, or wish to advance such inappropriate user produced comments, and that VSC shall at all times have the right to delete or amend such comments as it sees fit, but at no time shall be required to do so, or to respond to such comments in any way. Posting such inappropriate, threatening, or illegal content is at all times grounds for VSC to restrict or terminate your access to and use of the Website.

 

  1. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

 

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

(b) A description of the copyrighted work that you claim has been infringed;

 

(c) A description of where the material that you claim is infringing is located on the Website;

 

(d) Your address, telephone number, and e-mail address;

 

(e) 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; and

 

(f) 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.

 

Our Copyright Agent for Notice of claims of copyright infringement on the Website, Bray & Long, PLLC, which can be reached as follows:

 

Bray & Long, PLLC

2820 Selwyn Avenue, Suite 400

Charlotte, North Carolina 28209

 

  1. Applicable Law. You agree that the laws of the state of Vermont, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and VSC or its affiliates.

 

  1. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

 

  1. Waiver. The failure of VSC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by VSC must be in writing and signed by an authorized representative of VSC.

 

  1. Termination. VSC may terminate this Agreement or take down the Website at any time, with or without notice, for any reason.

 

  1. Relationship of the Parties. Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

 

  1. Entire Agreement. This Terms of Use constitutes the entire agreement between you and VSC and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and VSC with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website. VSC may revise this Terms of Use at any time by updating this Agreement and posting it on the Website.  Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

 

  1. Contact Information.

 

Lance Smith, Inc.

85 Gonyeau Road

Milton, Vermont 05468

Email: Terms@vtcar.com

Telephone: (802) 655-3533

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