This website is maintained by VOSS USA, Inc. (“VOSS”, “we” or “us”) as a service to our customers. The information contained on this website are applicable only for customers within the United States of America. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, do not use this Website.
1. Agreement.
This Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of http://www.vosswater.com (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 VOSS upon posting of the modified Agreement. Any such modifications shall be effectively immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy.
Your visit to our Website is also governed by our Privacy Policy. Please review our Privacy Policy at http://www.vosswater.com/privacy-policy.
3. Ownership.
All materials, designs, text and images (collectively, the “Materials”) contained on the Website are protected under applicable copyright, patent, trademark, and other proprietary rights owned by or duly licensed to VOSS, unless otherwise noted. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
4. Intended Audience.
This Website is intended for adults only. This Website is not intended for any children under the age of 13.
5. Trademarks.
This Website contains many of the valuable trademarks, trade dress, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by Voss of Norway AS or its affiliates (the “Trademarks”). Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website, or any license or right to use any other trademark owned by any other third-party. In the event that you misuse any Trademark in violation of these Terms and Conditions, VOSS will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. Termination.
We reserve the right, in our sole discretion, to immediately and without notice to suspend or terminate Agreement, your account (if you have one registered) and/or your ability to access the Website, for any reason including any breach by you of this Agreement or conduct by you that we determine to be inappropriate. Without limiting the foregoing, if you post any images or content to the Website that infringes the copyright of any third party, such conduct shall be grounds for immediate termination of your account.
7. Use of Information.
VOSS reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.
8. Compliance with Laws.
You agree to comply with all applicable laws regarding our use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
9. Disclaimers & Limitation on Liability.
a. You expressly understand and agree that use of and browsing on the Website is done at the user’s own risk. Neither VOSS nor any other party involved in creating, producing or delivering the Website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, statements or conduct of any third party affiliated with this Website, unauthorized access to or alteration of your transmissions or data, or browsing the Website, or downloading of any materials, data, text, images, video or audio from the Website, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof, or any other matter relating to this Website. Without limiting the foregoing, everything on the Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
b. Please note that some jurisdictions may not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions may not apply to you.
c. While VOSS uses reasonable efforts to include accurate and up to date information on the Website, VOSS makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Website.
10. Dispute Resolution & Binding Arbitration.
The sole and exclusive jurisdiction and venue for resolving any controversy or claim arising out of or relating to this Agreement, including, without limitation, any dispute with respect to this arbitration provision, any claim in tort or any claim for violation of any federal, state or local statute, or ordinate or regulation (collectively, “Disputes”), shall be through confidential binding arbitration in New York County, New York. The arbitration shall be conducted by the American Arbitration Association (“AAA”), whose rules applicable to such dispute shall be in force, and judgment or the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. There shall be one arbitrator to be mutually selected by the parties, and if the parties cannot so select, the arbitrator shall be appointed by AAA in accordance with the applicable rules. The fees of the arbitrator, administrative fees, and other fees and costs of the arbitration, including, but not limited to, the cost of any record or transcripts of the arbitration, shall be advanced by the parties to the arbitration in equal portions, and, in addition thereto, each party shall advance the fees of its own attorneys, the expenses of its witnesses and all other expenses in connection with presenting its case. THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ARBITRABLE CONTROVERSY OR CLAIM.
11. General Information.
These Terms and Conditions set forth the entire understanding and agreement between you and VOSS with respect to the Website. You acknowledge that any other agreements between you and VOSS with respect to the Website are superseded and of no force or effect. This Agreement and the relationship between you and us shall be governed by the laws of the state of New York without regard to its conflict of law provisions. Unless otherwise provided herein, you and we agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the state of New York. Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions ofo Use shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 shall 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 the use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
