Website Terms and Conditions of Use
Thank you for visiting Vomela.com (the “Site”). Vomela.com (“Vomela”) owns the Site and all its content. Your use of the Site is governed by the following terms and conditions.
A. Use of this Site:
Vomela grants you a limited license to access this Site provided you do not modify, alter, or download (other than page caching) any portion of it. The permission granted to you shall terminate automatically if you breach any of the terms and conditions set forth in this Agreement. Vomela reserves the right to modify or remove any materials or products listed on the Site at any time without notice.
B. Prohibited use of this Site:
You shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Vomela. You agree not to interfere, disrupt or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program or engage in any other activity deemed by Vomela to be in conflict with the spirit or intent of this Agreement.
You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site including all hardware, software, electrical, and other physical requirements for your use of this Site, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs, and services required to access and use the Site.
You shall be solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Site with your password. If you use this Site, you are responsible for maintaining the confidentiality of your account and password. You also are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. Vomela and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree that from time to time this Site may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which Vomela may undertake from time to time; or (3) causes beyond the control of Vomela or which are not reasonably foreseeable.
The following trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are Trademarks of Vomela. All other brand names not exclusively licensed to Vomela on this Site are owned by their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing in this Agreement grants you any license or right to use any Trademarks displayed on this Site without the express written permission of Vomela. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos or use any meta tags or any other “hidden text” utilizing any Vomela Trademarks without the express written consent of Vomela. Any unauthorized use terminates the limited license granted by Vomela in Section I (A) of this Agreement. The following is a list of Vomela’s Trademarks, but is not intended to limit the number of Trademarks owned or licensed to Vomela:
- Vomela West
- C2 Imaging
- Corporate Identity Systems
- Vomela Transportation Group
- Pratt Visual Solutions
- Master Print
- The Bureau
- Elk Grove Graphics
- Fusion Imaging
H. Copyrighted works:
All content contained in this Site, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communications programs, Internet links, electronic mail services, user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases is owned by Vomela. Some product listings, photographs, and descriptions contained on the Site are owned by their respective owners. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal non-commercial use) from the Site without the prior express written permission of Vomela and the appropriate third party as applicable.
I. Product Descriptions:
Vomela and its affiliates attempt to be as accurate as possible. However, Vomela does not warrant that product descriptions and images or other content on this Site are accurate, complete, reliable, current, or error-free. Although Vomela has made every effort to display and describe the likeness of each product (including, without limitation, colors, sizes, images, and designs) as accurately as possible, it is possible that the displayed likeness of the products will depend upon the graphic image as well as the quality of your computer monitor. Vomela cannot guarantee that the Site or your computer monitor will accurately portray the actual likeness of the products. The product images shown are intended for representational purposes only and Vomela reserves the right to substitute a similar image for the one described in the product information in the event an actual image of the product cannot be provided.
In the event you have a dispute with a purchase, service, or any product offered on this Site, you agree to release Vomela and its affiliated companies, members, governors, directors, officers, employees, and agents from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the dispute. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify, hold harmless, and defend Vomela, its affiliated companies, members, governors, directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorney fees, asserted by any person, arising out of or relating to: (1) this Agreement; (2) your use of this Site, including any data or work transmitted or received by you; and (3) any prohibited use of the Site as set forth in Section 1(b).
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Vomela reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (1) remove or disable access to all or any portion of the Site; (2) suspend your access to or use of all or any portion of the Site; and (3) terminate this Agreement.
Vomela shall have the right, at any time and without notice, to add to or modify the terms of this Agreement. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party’s last known post office, facsimile, or e-mail address, respectively. User hereby consents to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.
This Agreement is made in and shall be governed by the laws of the State of Minnesota without reference to conflict of laws.
All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Minnesota. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Minnesota. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Minnesota and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in the State of Minnesota.
The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action, or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions, or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of Minnesota.
S. Entire Agreement:
This Agreement constitutes the full and final representation of the parties understanding and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties concerning the subject matter of this Agreement.
1. Personal Information:
There are areas on the Site where you can share information that is unique to an individual; such as your name, company name, postal address, e-mail address, phone number, and zip code (“Personal Information”). Vomela may also from time to time request Personal Information and other information from you in customer surveys. We ask for this information in order to deliver requested materials to you, respond to your questions, or deliver a product or service. If you communicate with us by e-mail or complete online forms, we may require Personal Information that personally identifies you. Vomela may also request your e-mail address or mailing address for the purposes of having someone contact you for additional information, or in response to your request for information from us. If you request that information be mailed to your postal address, you may request to be placed on our mailing list to receive periodic mailings from us.
2. Information from children:
Vomela does not knowingly solicit or collect information from persons under 18 years of age (“children”). While there is no age limit to use the Site, we ask that children not submit information to us without the consent of a parent or guardian. When we e-mail information to you, we will provide instructions that show you how to unsubscribe from receiving further e-mails. If your child subscribes to receive information from Vomela without your knowledge, follow the instructions in our e-mail and unsubscribe immediately. Parents can also contact Vomela to access, change, or delete any personal information submitted by their child.
3. Other information; “Cookies”:
Vomela may collect information about you and your use of the Site whenever you visit this Site. This data helps us analyze and improve the usefulness of the information we provide at the Site and the performance of the Site. For example, we may collect various forms of information such as entry and exit points for the Site (i.e., referring URLs or domains), site traffic statistics, and operating system and browser type (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site.
In addition, when you request pages on our Site, our servers may automatically log your IP address. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Vomela may store some information on your computer in the form of a “cookie” or similar file to help us maintain and improve this Site in many ways.
A “cookie” is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase “cookies” from your computer hard drive, block all “cookies,” or receive a warning before a “cookie” is stored. The “Help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please refer to your browser instructions to learn more about these functions. Enabling cookies allows you to take full advantage of the features on the Vomela Site and we recommend that you leave them turned on. If you elect to block the cookies, we will not be able to provide you with a personalized experience on our Site.
Vomela may use Personal Information to send you information about our products, or promotional material from time to time, or to contact you when necessary. We use your Personal Information to complete your orders, customize your experience on the Site, and display content that we think might interest you. In order to inform our customers about new products, we may send e-mail notices to you. We use your e-mail address only to the extent necessary to follow up on specific questions requiring information from our business partners. Visitors that give us their telephone numbers online will only receive telephone contact from us to respond to information requests, or with information regarding orders they placed online. We may use nonidentifying and aggregate information to better design our website and to share with service providers.
Vomela will not sell, rent, share, monitor, edit, or disclose any Personal Information about you, including its contents or your use of this Site, without your prior consent. Vomela may share your Personal Information for the following limited purposes:
4. Third parties:
Vomela may share Personal Information with other companies and individuals to perform functions such as filling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. Such companies will only use your Personal Information for those purposes necessary to perform their functions.
5. Promotional Offers:
Vomela may from time to time send offers to selected groups of Vomela customers on behalf of other businesses. Vomela does not provide your name and address to businesses that it sends offers for.
6. Business Transfers:
7. Legal Obligations:
Vomela may share your Personal Information if we have a good faith belief that such action is necessary to: (1) comply with the legal process or other legal requirements of any governmental authority; (2) protect and defend the rights or property of Vomela; (3) enforce this Agreement; (4) protect the interests of other users of the Site or any other person; or (5) operate or conduct maintenance and repair of the Site or equipment.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal Information we collect.
You may choose not to provide Vomela with any Personal Information. In such an event, you can still access and use this Site. If you do not wish to receive information and promotional material from us, you may select the appropriate “opt-out” option each time we ask you for Personal Information.
The Site may contain links to other websites. Vomela is not responsible for the privacy practices or the content of such websites. We have no control over the use of such websites and you should exercise caution when deciding to disclose any Personal Information on these websites.
If your Personal Information changes (such as your address or telephone number), you can access and update any Personal Information that you provided to us by clicking on My Account. We use this procedure to better safeguard your information. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
TRANSPARENCY IN SUPPLY CHAIN ACT DECLARATION
The State of California Transparency in Supply Chain Act requires that certain retailers and manufacturers post a disclosure statement that is easily accessible on their website detailing five specific topics related to slavery and human trafficking and their product supply chains.
The Vomela Companies must, in accordance with the requirements of the Act, declare the means by which we verify, audit, and certify any part of our product supply chain to ensure that there are no risks of human trafficking or slavery being used. Additionally, The Vomela Companies are required to disclose how we maintain internal accountability and training within The Vomela Companies so that any person who works directly with our product supply chain understands how to evaluate compliance and mitigate any risks within our product supply chains.
Beginning in 2015, all vendors are required by signature to declare they are in compliance with all applicable local, state and federal laws. Suppliers are also made aware that The Vomela Companies will investigate any claims brought to our attention regarding the use of slavery or human trafficking which could result in the immediate and discontinued use of that supplier. Since Vomela’s inception in 1947, management has not been made aware of any of our supplier partners participating in the use of slavery or human trafficking. As a result, we have not found it necessary to participate in the following:
Engage in the verification of our supplier practices to evaluate and assess risk related to the presence of labor brokers or third party recruiters in our supply chain.
Conduct supplier audits to ensure they are in compliance with our standards for trafficking and slavery in our supply chains.
Certify that any materials used by our direct suppliers are secured in compliance with the labor laws of the countries in which they do business.