Terms of Use

USE OF THIS SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

Overview - This web site (the "Site") contains pages and materials (referred to herein as "Varimixer Materials") made available for download and viewing by Varimixer North America ("VNA"), and contains or may contain pages and material (referred to herein as "Third Party Materials") made available for downloading and viewing by dealers, sponsors and other content contributors ("Content Contributors").

Use of VNA Materials - All VNA Materials on the Site are protected by federal and international copyright and trademark laws and are the property of VNA. No portion of the VNA Materials may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of VNA. You may view or download VNA Materials for your own personal, non-commercial use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded VNA Materials and you shall comply with any applicable end user license agreements. With respect to VNA Materials, any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by VNA.

Accuracy of VNA Materials - Although VNA attempts to ensure the integrity and accurateness of the VNA Materials, it makes no guarantees whatsoever as to their correctness or accuracy. It is possible that the VNA Materials could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to these materials by third parties. In the event that an inaccuracy arises, please inform VNA so that it can be addressed. Information contained on the Site may be changed or updated without notice.  Also, VNA products and their availability are subject to change without notice.

Use of Third Party Materials - All Third Party Materials on the Site are the responsibility of their respective authors, creators, and/or owners. VNA is not responsible for Third Party Materials, and the views and opinions expressed in Third Party Materials are not necessarily those of VNA or its affiliates. Please be advised that Third Party Materials may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute Third Party Materials may be limited accordingly.

Warranty Disclaimer - THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY HYPERLINKED WEB SITES. VNA, ITS AFFILIATES, DEALERS,  AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, OR ANY HYPERLINKED WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, AND/OR HYPERLINKED WEB SITES, IS TO STOP USING THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR HYPERLINKED WEB SITES.

Trademark Notice - This Site includes numerous VNA trademarks, service marks, and logos, including, but not limited to those marks followed by the ® symbol ("VNA Marks"). Examples of VNA trademarks are the word “Varimixer”, "ERGO BEAR", "TEDDY", "KODIAK" and the Varimixer logo. The VNA Marks are the sole and exclusive property of Varimixer, and by continuing to access this Site, you acknowledge this, and agree not to use the VNA Marks without Varimixer's prior, written permission. Fair use of the VNA Marks requires proper acknowledgment. Other terms may also be used in this Site, which may be the trademarks, service marks, or logos of third parties. The appearance of these terms should not be interpreted to imply that Varimixer is affiliated with, connected with, or sponsored by these entities.

Infringement - It is VNA's policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. VNA reserves the unilateral right to remove any material posted to this site for any reason, without liability or obligation of any kind. VNA reserves the right to withhold access to and/or not replace Third Party Materials unless ordered to do so by a court or other tribunal of competent jurisdiction.

Links to Our Site - If you desire to provide a hyperlink from your web site to our Site, you must agree to be bound by the terms and conditions of this document.

Other Web Sites - VNA makes no representations whatsoever about any other web site that you may access through this Site. When you access a non-VNA web site, please understand that it is independent from VNA, and that VNA has no control over the content on that web site. In addition, a hyperlink to a non-VNA web site does not mean that VNA endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download from that site is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.

Choice of Law and Venue - These Terms and Conditions are entered into in the State of Ohio, U.S.A., and shall be governed by and construed in accordance with the laws of the State of Ohio, U.S.A., exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Montgomery in the State of Ohio, U.S.A., and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Entire Agreement - These Terms and Conditions constitute the entire agreement between VNA and you pertaining to the subject matter hereof. In its sole discretion, VNA may modify these Terms and Conditions by posting the revised version on this Site, and by continuing to use this Site, you agree to be bound by any such modifications.

No Unlawful or Prohibited Purpose - As a condition of your use of this Site, you warrant to VNA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If VNA is informed that you are making a possibly unlawful or prohibited use of the Site, VNA may unilaterally deny your further access to the Site or any portion thereof, without liability or obligation of any kind.

USE OF THIS SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH ABOVE. PLEASE READ THIS INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ABOVE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.