Vaughen's Legal Notices
Vaughen's License Agreement
CAREFULLY REVIEW THE FOLLOWING LICENSE AGREEMENT. VAUGHEN'S IS NOT RESPONSIBLE FOR THE OPERATION OF YOUR INTERNET BROWSER SOFTWARE OR INTERNET SERVICE PROVIDER CONNECTION. WE ARE PROVIDING A WEB PRICING SYSTEM ONLY. USE OF THE SYSTEM PROVIDED UNDER THE FOLLOWING AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DISCONTINUE USE OF THE SYSTEM. CALL VAUGHEN'S PRICE PUBLISHING COMPANY AT (800) 828-4436 FOR A FULL REFUND.
DEFINITIONS. The following definitions apply to the terms as they appear in this Agreement.
GRANT OF LICENSE. Vaughen's grants you a non-exclusive, non-transferable, non-sublicensable license ("License") to use and access the System according to the terms and conditions of this Agreement. As an authorized user, you may access the System by using a designated password provided to you on a single computer. This password may be used by only one person at a time. You are prohibited from using the password on more than one computer at the same time. You may choose to purchase additional passwords. This License only applies to your access to and use of this System and does not alter in any way the terms and conditions of any other agreement you may have with Vaughen's for products, software, services or otherwise, unless otherwise directed by Vaughen's. If you breach any of these terms and conditions of this License, your authorization to use the System automatically terminates.
TERM OF LICENSE. The License to use the System will begin within four (4) weeks after the date of your purchase and will continue for a period of 15 months, after which time you will be denied further access to the System if your account is not paid in full.
LIMITATIONS OF USE. Vaughen's System is compiled to help you evaluate and establish your own prices and productivity standards, and should be used only for that purpose. As prices and hours for repairs of motors and pumps vary across the country and the world, the System cannot take the place of your own pricing and hourly standards. You should determine your own adjustment factors to use with National Average Prices and National Average Hourly Standards. Your prices and adjustment factors should be based on your good business judgment and based upon your knowledge of: (1) your own costs and (2) the competitive price level in your area (gained through competitive bidding and not through any discussion between competitors).
NO UNLAWFUL OR PROHIBITED USE. As a condition of the License, you agree not to use the System for any purpose that is unlawful or prohibited by this Agreement. You may not use the System in any manner that could damage, disable, overburden, or impair the System. You may not attempt to gain unauthorized access to the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the System. Any unauthorized use of any material contained on the System may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statues. YOU CANNOT USE THE SYSTEM OR ANY INFORMATION PROVIDED HEREIN OR THEREIN AS A BASIS TO SET PRICES WITH A COMPETITOR. ANY USE OF SYSTEM FOR SUCH PURPOSE MAY BE A VIOLATION OF THE ANTITRUST LAWS OF THE UNITED STATES OF AMERICA AND CANADA, AND OTHER COUNTRIES, WHICH CARRIES CIVIL AND CRIMINAL PENALTIES. (JAIL TERMS COULD APPLY.)
COPYRIGHT. The System is protected by United States copyright law and international treaty provisions. All materials, including, without limitation, any downloadable material, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Vaughen's Price Publishing, Inc. © 2011. ALL RIGHTS RESERVED, or by the original creator of the copyrighted material. You acknowledge that no title to the intellectual property in the System is transferred to you pursuant to the grant of access. You further acknowledge that title and full ownership rights will remain the exclusive property of Vaughen's or the copyright owner, and that you will not acquire any rights to the System except as expressly set forth in this license. You may not copy the System or any part thereof.
TRADEMARKS. The trademarks, service marks, trade names, and logos ("Trademarks") used and displayed on the System are registered and unregistered Trademarks of the respective trademark owners as identified on the System. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of the respective trademark owners as identified on the System, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vaughen's. You acknowledge that the Trademarks used and displayed on the System are and shall remain the sole property of Vaughen's or the respective Trademark owner. Nothing in this Agreement shall confer any right of use or ownership of any of the Trademarks in you. Further, your license to use and access the System shall not be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark used or displayed on the System, without the express written permission of Vaughen's or the respective Trademark owner. The misuse of the Trademarks displayed on the System, or any other content on the System, is strictly prohibited.
PASSWORDS AND UPDATES. You are required to track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the System. If you become aware of any unauthorized access to your System account, theft or loss of your password, you agree to contact Vaughen's immediately. The System may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the System. You agree to receive these updates automatically as part of the System.
OTHER USE RESTRICTIONS. You may not sell, sub-license, rent, lease, transfer, or grant access to the License to any third party. You may not modify the System or merge it with another program. You may not copy, reverse engineer, disassemble, decompile, or make any attempt to use the source code of the System in any manner.
LIMITED WARRANTY. Vaughen's warrants that the System will be substantially free from defects in materials and workmanship for a period of ninety (90) days from the date access is provided to you. This Limited Warranty is void if failure of System results from accident, abuse, or misapplication. Any implied warranties on the System are limited to 90 days. Vaughen's does not warrant that the System will meet your requirements, be uninterrupted during use, or be free from bugs, errors or omissions. YOU ARE RESPONSIBLE FOR REVIEWING THE ACCURACY AND COMPLETENESS OF ALL DATA AND CALCULATIONS OBTAINED FROM THE SYSTEM.
DISCLAIMER OF WARRANTIES. THE SYSTEM IS PROVIDED "AS IS" AND "WITH ALL FAULTS." THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE SYSTEM. THERE IS NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SYSTEM. THIS SYSTEM IS BASED UPON DATA SOLELY COMPILED FROM SUBSCRIBERS LOCATED IN THE UNITED STATES AND CANADA. SUBSCRIBERS WISHING TO UTILIZE THE SYSTEM IN CONNECTION WITH THEIR ACTIVITIES IN OTHER GEOGRAPHIC AREAS SHOULD TAKE INTO ACCOUNT DIFFERENCES BETWEEN THEIR MARKETPLACE AND THOSE IN THE UNITED STATES AND CANADA. ACCORDINGLY, THE ENTIRE RISK AS TO THE ACCURACY, TIMELINESS, AND COMPLETENESS OF THE SYSTEM IS ASSUMED BY YOU.
LIMITATION OF LIABILITY. IN NO EVENT WILL VAUGHEN'S BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES, ARISING OUT OF OR RELATED TO THE SYSTEM, INCLUDING BUT NOT LIMITED TO UNAUTHORIZED ACCESS TO THE SYSTEM, EVEN IF SUCH DAMAGES OR LOSSES RESULT FROM A BREACH OF ANY LIMITED WARRANTY. YOU AGREE THAT YOU WILL HAVE SOLE AND COMPLETE RESPONSIBILITY FOR ANY DECISIONS MADE OR ANY ACTIONS TAKEN BY YOU IN RELIANCE UPON THE SYSTEM. YOU AGREE THAT THE LIABILITY OF VAUGHEN'S, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SYSTEM OR THIS AGREEMENT WILL BE LIMITED TO THE PRICE PAID TO ACCESS THE SYSTEM. IF YOU ARE DISSATISIFED WITH ANY ASPECT OF THE SYSTEM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE SYSTEM.
REGISTRATION. Certain sections of the System require you to register. If registration is requested, you agree to provide Vaughen's with accurate, complete registration information. It is your responsibility to inform Vaughen's of any changes to that registration information.
SYSTEM SECURITY. You are prohibited from violating or attempting to violate the security of the System, including, without limitation, (a) accessing data not intended for userid or logging onto a server or an account which you are 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 System; or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this System or any activity being conducted on this System. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search this System.
HYPERTEXT LINKS. This system may provide links to other web sites that are not maintained by Vaughen's. Vaughen's is not responsible for the content of those sites. The inclusion of any link to such a site does not imply endorsement, sponsorship, or recommendation by Vaughen's of the site and is only provided for the convenience of the user. Vaughen's disclaims any liability for links: 1) from another web site to Vaughens.com, and 2) to another web site from Vaughens.com.
US GOVERNMENT RESTRICED RIGHTS. The System is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by any agency or employee of the United States is subject to restriction as set forth in the applicable civilian and military Federal acquisition regulations and any supplement thereto. Contract/Manufacturer is Vaughen's Price Publishing Co., 9400 McKnight Road, Suite 203, Pittsburgh, PA 15237
REVISIONS TO THIS AGREEMENT. Vaughen's may unilaterally revise this Agreement at any time without notice by updating this posting. By using the System you agree to be bound by any such revisions and should therefore periodically visit the System and page to determine the then current terms and conditions of use to which you are bound.
GOVERNING LAW. The laws of the Commonwealth of Pennsylvania govern this Agreement without giving effect to the principles of conflicts of law. If any provision of this Agreement should be unlawful, void, or for any reason unenforceable, then that provision would be severable from these terms and would not affect the validity and enforceability of any remaining provisions. In any dispute regarding to, or arising from this Agreement, venue and jurisdiction of such dispute shall be in the State courts located in Allegheny County, Pennsylvania, and the United States federal courts located in the United States District Court for the Western District of Pennsylvania.
These terms constitute the entire agreement between Vaughen's and you, the user, with respect to your use of the site. Any cause of action you may have with respect to your use of the site must be commenced within three (3) months after the claim or cause of action arises.
Should you have any questions concerning this Agreement, please write: Vaughen's Price Publishing, Inc., 9400 McKnight Road, Suite 203, Pittsburgh, PA 15237.
INFORMATION ABOUT VAUGHENS.COM VISITORS. Vaughens.com collects various types of information from visitors and from subscribers who use Vaughens.com. Vaughen's does not collect or store credit card data or other personal information. Vaughens.com web server also collects general data pertaining to every site visitor, including the IP address, domain name, web page, length of time spent on site, and pages accessed while visiting. Vaughen's will maintain this information in confidence. The information is collected primarily to aggregate statistical information, facilitate system administration, and improve site content. Vaughens.com may also retain the content of communications sent to Vaughens.com customer service representatives, as this content helps Vaughens.com respond to and act upon visitors' inquires regarding site use.
SECURITY. Vaughen's places the utmost importance on protecting information transmitted via, or saved on Vaughens.com and will take security precautions to protect all such information. However, Vaughen's cannot guarantee that any electronic commerce is totally secure; therefore, the user assumes all risk of loss, misuse and/or alteration of any information transmitted by the user to, or saved on Vaughens.com by any third party. Vaughen's will take measures to secure and protect all customer-specific information from loss, misuse, and alteration.
USE OF COLLECTED INFORMATION. Vaughens.com uses the information collected from the site primarily to better serve its customers. In general, we gather information about site visitors collectively to determine, for example, which areas users access most frequently. Such gathered information may be used to improve and update the site, or to notify visitors of site changes, of new products made available via the site, and of any other lawful business purposes. Information relating to site activity is collected, logged, and analyzed via an offsite service. Collected information helps Vaughen's determine what is most beneficial for our users so that we may continually improve site organization and content to enhance our users' overall experience. Collected information may be shared with agents, contractors or business partners for the purpose of performing services for Vaughen's. Vaughen's will not disclose, provide, rent, sell, lease, or share any information regarding the user collected by Vaughen's through user's use of Vaughens.com to any third party, except with the express written consent of user or as provided herein. Vaughen's may release such information concerning users only when such release is reasonably necessary to (i) comply with law; (ii) comply with subpoena or order of court validly issued by a court competent jurisdiction; (iii) enforce or apply the terms and conditions of the Agreement; and, (iv) protect the rights, property, or safety of Vaughen's.
INTERNATIONAL USERS. The site is administered by Vaughen's from its office in the United States. Information provided by the site may refer to products, programs, or services that are not available in your country. Vaughen's makes no representation that the site's information is appropriate or available for use in other locations outside of the United States and Canada; accessing the site's information from territories where its contents are illegal is prohibited. You may not use the site or export information in violation of the export laws of the United States or any other country. If you access the site from a location outside of the United States, you are responsible for compliance with all applicable laws.
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