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Privacy Policy

Terms of Use of Web Site/Product Policy

Last revised: June 1, 2010

The www.vandorproducts.com web site (the “Web Site”) is operated by Vandor LLC (“Vandor”, “we”, “us” or “our”). All inquiries may be directed to:

Vandor LLC
P.O. Box 27873
Salt lake City, UT 84127-0873
www.vandorproducts.com
1-800-755-5966
webadmin@vandorproducts.com

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, REGARDLESS OF YOUR CORPORATE FORM OR IF YOU ARE AN INDIVIDUAL, AND US, AND THEY GOVERN YOUR USE OF THE WEB SITE AND ALL TRANSACTIONS BETWEEN YOU AND US (INCLUDING PURCHASES OF PRODUCTS) MADE, IN WHOLE OR IN PART, VIA THE WEB SITE OR OTHERWISE. PLEASE TAKE A FEW MINUTES TO CAREFULLY REVIEW THESE TERMS OF USE. YOUR REGISTRATION WITH OR USE OF THE WEB SITE AND YOUR PURCHASE OF ANY PRODUCT FROM US CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, YOU MAY NOT USE THE WEB SITE OR KEEP ANY PRODUCTS. IF YOU ARE USING THE WEB SITE OR ORDERING PRODUCT ON BEHALF OF A COMPANY OR OTHER LEGAL NON-PERSON ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY.

Persons under the age of 18 may not use this Web Site and parents or legal guardians may not agree to these Terms of Use on their behalf.

PLEASE NOTE: SPECIAL TERMS APPLICABLE TO ORDERS AND SALES OF PRODUCTS TO YOU ARE SET OUT AT THE END OF THESE TERMS OF USE. TO THE EXTENT ANY OF THOSE SPECIAL TERMS CONFLICT WITH ANY OTHER PROVISION OF THESE TERMS OF USE WHEN APPLIED TO A PRODUCT YOU ORDER OR PURCHASE FROM US, THOSE SPECIAL TERMS WILL CONTROL.

These Terms of Use May Change
Vandor reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Web Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. It is your responsibility to review these Terms of Use for changes whenever you use this Web Site.

Compliance with All Laws, Online Conduct and Site Security
You agree to use this Web Site only for lawful purposes. You agree that all information you provide to us, including, without limitation, your name, address, and payment information, will be truthful, complete, and accurate at all times. Any conduct by you that in our sole discretion restricts or inhibits any other user from enjoying our Web Site will not be permitted. You are prohibited from posting on or transmitting through our Web Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You are expressly prohibited from violating or attempting to violate the security of the Web Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. You are responsible for maintaining the security and confidentiality of any user IDs or passwords selected by you, or provided to you, to access the Web Site, and you agree not to disclose any such user IDs or passwords to any person other than your employees. You are responsible for all acts or omissions of, and any orders placed by, any person accessing the Web Site using any such user IDs or passwords.

Intellectual Property Notice
All of the content you see on this Web Site, including, for example, all of the page headers, images, illustrations, product designs or configurations, graphics, audio clips, video clips, and text, (collectively “Content”) are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Vandor LLC, its affiliates, or by third parties who have licensed their materials to Vandor LLC. All products shown in this Web Site are the exclusive designs of Vandor LLC or its suppliers. “VANDOR” and the Vandor logo are registered trademarks of Vandor LLC. The Web Site is copyrighted as a collective work under U.S. copyright laws, and Vandor LLC owns a copyright in the selection, coordination, arrangement, and enhancement of the Content. Vandor LLC and its licensors reserve complete title and full intellectual property rights in the Web Site and any Content on the Web Site. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the Web Site or the Content without first obtaining written permission from us. Without limiting the foregoing, you agree not to, nor will you, assist or direct anyone else to, copy, modify, or “knock-off” our products. Any infringement will be strictly enforced.

Linking to this Web Site
Establishing or maintaining a link from another Web site to this Web Site without the prior express written consent of Vandor LLC is strictly prohibited. Displaying this Web Site or any Content contained on this Web Site in frames or through similar means on any Web site without express written permission from Vandor LLC is also strictly prohibited. Any permitted links must comply with these Terms of Use and all applicable laws and regulations.

Links to Other Sites
Any outside links are provided only as a convenience. If you have any concerns regarding any outside link from our Web Site, please direct them to the owner or operator of the outside site. All use of outside links is at your sole risk. Vandor LLC is not responsible for any outside sites, services, or other materials linked to or from this Web Site, and disclaims all liability for any injury you may experience by using such outside sites, services, or materials.

Submissions
We welcome your comments regarding the Web Site. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, "Comments") sent to Vandor LLC shall become and remain the exclusive property of Vandor LLC. Your submission of any such Comments shall constitute an assignment to Vandor LLC of all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Comments. Vandor LLC will be entitled to use, reproduce, disclose, publish, and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. You agree to not send us any Comments that you do not wish to assign to us, nor to send us any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork of a third party.

Colors
We have done our best to display as accurately as possible the colors of the products shown on this Web Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We will have no liability for a failure of the Web Site or your monitor to accurately display product colors.

User Content
Vandor is pleased to hear from its customers; however, we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website ("communications"), including e-mails to Vandor or postings on interactive portions of this website, shall be deemed and shall remain the property of Vandor. If you send us such communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information or to compensate you for the receipt or use of such communications. Vandor is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing and marketing products using such communications. By submitting communications to us through this website, e-mail or any means other than the procedures outlined elsewhere in this website, you hereby RELEASE Vandor from any liability under any legal theory in connection with the use, modification, sale or disclosure of any communications. By uploading or otherwise providing any communications to this website or Vandor, you hereby grant Vandor, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded communications have been waived.

Product Information
We make all reasonable efforts to provide information on this Web Site that is accurate and complete; however, pricing and typographical errors may occur or information may be out of date. There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete. We reserve the right to correct any such information without prior notice (including after you have submitted your order) and the corrected information will control over any prior incorrect or incomplete information. We regret any inconvenience to you. The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States.

Disclaimer and Limitation of Liability
THIS WEB SITE AND ALL CONTENTS ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, VANDOR LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEB SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEB SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE, AND THAT NEITHER VANDOR LLC NOR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, OR PUNITIVE DAMAGES RELATED TO, ACCOMPANYING, OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE WEB SITE OR ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEB SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

EXCEPTION: YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY SET FORTH ABOVE IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VANDOR LLC, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AND AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification
You agree to defend, indemnify and hold Vandor LLC, its employees, directors, officers, agents, and affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to (a) your failure to comply with these Terms of Use or (b) any Comments.

Disputes
We strive to avoid disputes and litigation. However, sometimes they arise. This paragraph governs their settlement. Before commencing any action or arbitration, each of us shall refer the dispute to their respective chief executive officer (“CEO”) who shall attempt to resolve the dispute in direct discussions with the other CEO. EACH OF US CONSENTS TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF GEORGIA, WHICH SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY LEGAL ACTION ARISING FROM OR RELATING TO THESE TERMS OF USE OR OTHERWISE BETWEEN THE PARTIES INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT. VENUE FOR ANY ACTION ARISING UNDER THESE TERMS OF USE SHALL LIE EXCLUSIVELY IN THE STATE COURTS OF GWINNETT COUNTY GEORGIA AND THE UNITED STATES DISTRICT COURTS FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION AND EACH OF US WAIVES AND AGREES NOT TO ASSERT ANY DEFENSES OR CLAIMS TO THE CONTRARY. EACH OF US WAIVES ANY RIGHT TO A JURY IN ANY ACTION INVOLVING THE OTHER. WITH RESPECT TO ANY CONTROVERSY RELATING TO MONIES DUE TO US FROM YOU, YOU AGREE THAT IF WE SO ELECT, WE MAY SUBMIT SUCH CONTROVERSY TO BINDING ARBITRATION TO BE HELD IN ATLANTA, GEORGIA IN ACCORDANCE WITH THE CURRENT EXPEDITED COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A PROCEEDING WITH A SINGLE ARBITRATOR AND WITHOUT ANY DISCOVERY; JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENFORCED BY ANY COURT OF COMPETENT JURISDICTION.

General
In the event any term of these Terms of Use is declared invalid or void by any court or tribunal of competent jurisdiction, such term shall be null and void and shall be deemed severed from these Terms of Use and all remaining terms shall remain in full force and effect. THE LAWS OF THE STATE OF GEORGIA WILL GOVERN THESE TERMS OF USE, without regard to its conflict of laws provisions and The United States Convention on the International Sale of Goods and the United Nations Convention on the Formation of Contracts for the International Sales of Goods will not be applied to these Terms of Use. Any delay or nonperformance by us caused by conditions beyond our control shall not constitute a breach of these Terms of Use by us. These Terms of Use and our confirmations constitute the entire agreement and understanding of the parties with respect to the subject matter hereof and any products, and are intended as the final expression in complete and exclusive statement of the terms thereof and regarding all products, superseding all prior and contemporaneous orders, other contracts, representations, promises, terms, and understandings, whether written or oral. Except as provided elsewhere in these Terms of Use, these Terms of Use may be amended or modified only by a written document signed by both parties. You may not add to, delete from, or alter the terms of these Terms of Use or orders (without our express written consent) and, absent such consent, any additional or different terms (or deletions of terms) proposed by you will be of no force and effect.

Procedure for Copyright Infringement Claims
Notification must be submitted to the following designated agent:
Service provider(s): Vandor LLC
Name of agent designated to receive notification of claimed infringement: Chief Executive Officer
Full address of designated agent to whom notification should be sent: P.O. Box 27873, Salt lake City, UT 84127-0873
Telephone number of designated agent: 1-800-755-5966
Facsimile number of designated agent: 801-972-2890
E-mail address of designated agent: webadmin@vandorproducts.com

To be effective, the notification must be a written communication that includes the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

California Health and Safety Code § 25249.5 ET SEQ. ("PROP 65")
All Vandor products meet and exceed FDA standards and are approved for food use. However, due to California's strict warning requirements, any items containing trace amounts of lead or cadmium in the decorations require Prop 65 warnings.

The law requires you to display these signs, or provide an alternative "clear and reasonable warning" at all retail stores located in the State of California, or when selling products via the Internet and/or shipping products via mail to customers residing in the State of California. Your placement of a purchase order with Vandor is considered acknowledgement of your duty under Prop 65, and agreement to provide warnings to your customers under this law.

Furthermore, by accepting and offering for sale our products, you specifically agree to defend, indemnify, hold harmless, and reimburse Vandor and all of its officers, directors, employees, members, agents, representatives, affiliates, successors, and assigns from and against all claims, causes of action, rights of action, damages, liabilities, fines, penalties, costs, and attorneys' fees brought or threatened against, imposed upon, or incurred by Vandor based upon any failure by you to comply with the warning provisions of Prop 65.

To access more information on Prop. 65 please click here.