Last updated June 8, 2020
AGREEMENT TO TERMS
The Site is hosted in the United States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
It is your responsibility to keep your password confidential, to protect your username and password and to restrict access to your computer and other devices. You are solely responsible for all activities that occur under or through your account, including activities initiated by third parties, whether or not such activities were authorized by you. In no event shall Van Meter have any liability for unauthorized access to your account. If you suspect someone has accessed your account without your authorization, you must contact us immediately. You may not assign or otherwise transfer your account with Van Meter to any other person or entity.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
All products purchased through the Site are subject to the Van Meter Inc. Standard Terms & Conditions for Online Sales as in effect at the time an order is submitted (the “Terms of Sale”). Please review the Standard Terms & Conditions in their entirety prior to placing an order through the Site.
Safe Drinking Water and Toxic Enforcement Act of 1986, as amended (“Prop. 65”)
Certain products available for purchase on the Site may contain chemicals that the State of California has identified as causing cancer or reproductive toxicity (“Prop. 65 Products”). While Van Meter endeavors to provide to prospective purchasers on the Site the Prop. 65 warnings provided to Van Meter by its suppliers, Van Meter cannot guarantee that the Site contains a Prop. 65 warning for each Prop. 65 Product available for purchase. If you are a California user or resident purchasing products on the Site for personal use, consumption or enjoyment (i.e., you are not purchasing for commercial/industrial use), then you must carefully review our About Proposition 65 page.
PURCHASES AND PAYMENTS
We accept the following forms of payment: - Visa - Mastercard - American Express - Discover
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. You authorize us to obtain updated or replacement payment card expiration dates from your payment provider if your card expires and grant us the right to charge any renewal card issued to you as a replacement. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
Payment for all products purchased through the Site is due in full at the time the order is submitted. You agree to pay all charges at the prices then in effect for your purchases, any applicable sales tax thereon and any applicable shipping fees, and you authorize us to charge your chosen payment provider for (and you authorize your chosen payment provider to pay to Van Meter) any such amounts upon placing your order. Additionally, you agree to pay all charges imposed by your payment provider in connection with purchases made by you through the Site. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
If we do not receive payment from your payment provider, you agree to pay all amounts due upon demand. In addition to the above described amounts, you agree to pay, upon demand, all costs of collection, including attorney's fees and costs (whether or not an action or other formal dispute resolution proceeding is commenced), incurred by Van Meter in connection with collecting amounts due Van Meter.
We reserve the right to refuse or cancel any order placed through the Site, even if we have already requested or received payment; provided, we will promptly return payments received by us for orders that we have elected to refuse or cancel. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
All products purchased through the Site are subject to the Van Meter Inc. Return Policy for Online Sales, as in effect at the time an order is submitted (the “Return Policy”). Please review the Return Policy in its entirety prior to placing an order through the Site.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
MOBILE APPLICATION LICENSE
Apple and Android Devices
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
WE DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIRD-PARTY WEBSITES OR THIRD-PARTY CONTENT (ALL OF WHICH ARE PROVIDED ON OR MADE AVAILABLE OR ACCESSIBLE FROM THE SITE ON AN “AS-IS, WHERE-IS” BASIS) (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, SECURITY, COMPATIBILITY, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH ARE HEREBY DISCLAIMED BY VAN METER. YOU AGREE THAT WE SHALL IN NO EVENT HAVE ANY LIABILITY OR OBLIGATION IN CONNECTION WITH OR ARISING FROM YOUR ACCESS, INSTALLATION OR USE OF ANY THIRD-PARTY WEBSITES OR THIRD-PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH OR ARISING FROM ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, SPYWARE OR THE LIKE WHICH MAY BE TRANSMITTED BY, THROUGH OR FROM ANY THIRD-PARTY WEBSITE OR THIRD-PARTY CONTENT.
TERMINATION OF USE/ACCESS
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning mandatory informal negotiations and binding arbitration (provided, the Party bringing such Dispute may, at its election, submit such Dispute to the binding arbitration provided for above): (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations that you have violated any of the Use Restrictions or engaged in any of the Prohibited Activities set forth herein; (c) any claim for injunctive relief; and (d) any action brought by Van Meter arising from your failure to timely pay any amount allegedly due to Van Meter in connection with any products ordered through the Site.
Restrictions; Jurisdiction & Venue
THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS BETWEEN THE PARTIES. TO THE FULL EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT (A) NO DISPUTE RESOLUTION PROCEEDING BETWEEN THEM SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted only in the state and federal courts located in Linn County, Iowa, and the Parties hereby consent to, and waive all defenses of, and objections with respect to, lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS, WHERE-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTENT AND THE MARKS AND YOUR ACCESS, INSTALLATION AND USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY AND COMPATIBILITY. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE ASSUME NO, AND YOU AGREE THAT WE SHALL HAVE NO, LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, INSTALLATION OF AND/OR USE OF THE SITE, THE CONTENT, THE MARKS OR ANY THIRD-PARTY SITE OR THIRD-PARTY CONTENT, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OTHER INFORMATION TECHNOLOGY INFRASTRUCTURE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (WHETHER AS A RESULT OF A THIRD-PARTY’S MALICIOUS ACTIVITY OR AS A RESULT OF ACCIDENT, THE NEGLIGENCE OF ANY PERSON OR ENTITY OR OTHERWISE), (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, SPYWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR SUBSIDIARIES OR AFFILIATES OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OWNERS OR AGENTS (COLLECTIVELY, THE “VMI PARTIES” AND EACH A “VMI PARTY”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, OUT-OF-POCKET LOSSES, LOST PROFIT, LOST REVENUE AND LOSS OF DATA, OR OTHER DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS TO, INSTALLATION OF AND/OR USE OF THE SITE, THE CONTENT OR THE MARKS (INCLUDING, WITHOUT LIMITATION, YOUR (1) PLACEMENT OF ORDERS THROUGH THE SITE, (2) CREATION AND MAINTENANCE OF AN ACCOUNT WITH US AND (3) PROVISION OF INFORMATION OR DATA TO US), EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES (the “Liability Exclusion”).
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN THE ADDITIONAL TERMS AND WITHOUT IN ANY WAY LIMITING ANY OTHER PROTECTION OF A VMI PARTY CONTAINED HEREIN OR THEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VMI PARTIES ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS TO, INSTALLATION OF AND/OR USE OF THE SITE, THE CONTENT OR THE MARKS (INCLUDING, WITHOUT LIMITATION, YOUR (1) PLACEMENT OF ORDERS THROUGH THE SITE, (2) CREATION AND MAINTENANCE OF AN ACCOUNT WITH US AND (3) PROVISION OF INFORMATION OR DATA TO US) (WHETHER SUCH LIABILITY ARISES FROM BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OR OTHER TORT OF ONE OR MORE OF THE VMI PARTIES, OR OTHERWISE) EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING (the “Liability Limitation”). For the avoidance of doubt, the Liability Limitation is not merely a ‘per-claim’ or ‘per-occurrence’ limitation on liability; rather, the Liability Limitation is an aggregate limitation on all liability for all claims, causes of action and occurrences, whether related or unrelated and regardless of when arising.
YOU ACKNOWLEDGE AND AGREE THAT THE LIABILITY EXCLUSION AND LIABILITY LIMITATION SET FORTH ABOVE SHALL APPLY REGARDLESS OF THE FORM OF ACTION, REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF THE ACTUAL OR ALLEGED CAUSE OF YOUR DAMAGE OR LOSS (WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OR OTHER TORT OF ONE OR MORE OF THE VMI PARTIES, OR OTHERWISE).
YOU AGREE THAT YOU SHALL NOT, AND YOU HEREBY WAIVE ANY RIGHTS YOU MAY NOW OR HEREAFTER HAVE TO, BRING ANY CLAIM (WHETHER AS A DIRECT CLAIM, CROSS-CLAIM, COUNTER-CLAIM, DEFENSE OR OTHERWISE) OR ACTION AGAINST ANY VMI PARTY MORE THAN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT, CIRCUMSTANCE OR INCIDENT UPON WHICH SUCH CLAIM OR CAUSE OF ACTION IS BASED.
THE FOREGOING IS INTENDED AS A COMPLETE ALLOCATION OF THE RISKS BETWEEN THE PARTIES. BECAUSE THE BARGAIN STRUCK AND THE PRICE PAID REFLECT SUCH ALLOCATION, YOU AND VAN METER HEREBY AGREE THAT THESE EXCLUSIONS AND LIMITATIONS UPON REMEDIES WILL NOT HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, we have no obligation to store your data and you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Van Meter, Inc.
850 32nd Avenue SW
Cedar Rapids, IA 52404