Be advised that certain areas within this web site and certain services offered through this web site are governed by additional terms presented in conjunction with those areas or services. You must agree to these additional terms before using those areas or services. The additional terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the additional terms and this Agreement, the additional terms shall control.
Changes to this Agreement
1. Valmark reserves the right, in its sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the web site. Your continued use of the web site and related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the web site if you do not agree to be bound by the revised terms and conditions.
General Use and License
2. This web site and related services are intended only for use by those 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you do not meet these requirements, you cannot use this site without the accompaniment and supervision of your parent or legal guardian.
3. ValMark grants you a limited, nonexclusive and revocable license to make personal and non-commercial use of this web site. This license does not include any rights not specifically enumerated herein. You may copy, download or print materials from this site for your own personal and non-commercial use. In this context, “personal and non-commercial use” does not include posting, uploading or otherwise publishing the materials to any other web site. This license does not include the right to copy, download, print, reproduce, modify, resell, redistribute or republish any of the content of the site for any commercial purpose without the express, written permission of Valmark. Further, this license does not include the right to bypass any technical measures used to prevent or restrict access to any portion of the site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; to violate or attempt to violate the security of the site, or to interfere with or attempt to interfere with the proper working of the site. You agree to use this web site only for lawful purposes and in accordance with the terms and conditions contained herein.
4. The material presented on this web site is for general information only. This web site may contain information about products that may or may not be available outside the country of origin, or may be available under different trade names or trademarks. Please contact a representative of Valmark for further information about the products and services described. Nothing on this web site shall be construed as an offer to sell any product or service to any particular customer or in any particular jurisdiction. Valmark reserves the right to accept or reject any offer to purchase any products or services.
5. Some areas of this site or services associated with the site may have information, data, text, software, music, sound, photographs, graphics, video, messages, links, or other materials (“Content”) submitted by registered users of the site. You acknowledge that Valmark does not control this third-party Content, and that the opinions expressed in said Content are not necessarily those of ValMark or its content providers, advertisers, sponsors, affiliated or related entities. Valmark does not guarantee the accuracy, integrity or quality of such Content, and Valmark makes no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the web site. You understand that by using the web site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Valmark be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the web site and/or associated services. You acknowledge that any reliance on material posted or submitted by other users will be at your own risk.
6. You acknowledge that your use of this web site is at ValMark’s discretion, and that your license to use the site may be terminated by Valmark at any time.
Ownership of Intellectual Property
7. This web site and all of the material that it contains is owned by ValMark or its third party licensors and is protected by intellectual property and other laws throughout the world. Except as permitted by this Agreement, nothing found on the web site may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of ValMark. You agree that you will not take any actions inconsistent with ValMark’s ownership of the site and its content.
8. The trademarks, logos, and service marks displayed on this web site are owned by ValMark and third parties, and this web site’s trade dress is owned by ValMark. All trademarks not owned by ValMark are the property of their respective owners, and, where used by ValMark, are used with permission. Nothing contained on this web site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. You agree that you will not take any actions inconsistent with ValMark’s ownership of the trademarks and trade dress used on this site, or with any third party’s ownership of its trademarks used on this site.
Electronic Communication Notice
10. Any communications you send to ValMark by electronic mail are on a non-confidential basis, and ValMark is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. ValMark shall be free to use the content of any such communications, including any ideas, inventions concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods or services. The sender of any communications to ValMark shall be responsible for the content and information contained therein, including its truthfulness and accuracy.
11. You agree to accept responsibility for your activities while visiting the site or using any associated services. Without limiting the foregoing, you specifically represent that you understand that you, and not ValMark, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available, either privately or publicly, through the web site or any associated services.
12. You represent and warrant that you own or otherwise control all the rights to any Content you post or submit to the web site or using any related services, that use of the information or Content you post or submit does not violate the intellectual property rights of any third parties, nor any third party’s privacy rights, rights of publicity and other proprietary rights, and that use of the information or content you post or submit will not cause injury to any person or entity. You further represent and warrant that any Content you post or submit to the web site will not contain libelous, defamatory or otherwise unlawful material; will not contain any material that is or may be viewed as threatening, abusive, insulting, hateful, harassing, degrading, indecent, profane or obscene; will not advocate any unlawful activity; will not contain or link to any information that you do not have a right to make public; will not contain software viruses or other harmful devices; will not comprise unsolicited or unauthorized advertising; and will not be part of any mass mailing or other form of spam. You agree that you will indemnify ValMark or its affiliates for all claims resulting from or related to Content you post or submit.
13. You further represent and warrant that you shall not (i) impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you post or submit to or via the web site and any related services; (iii) use the web site and any associated services in any manner which could damage, disable, overburden, impair, or otherwise interfere with the use of the web site and associated services by any other users, or which could damage, destroy, or otherwise disrupt or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to by means of posting, submitting, transmitting or providing a link to any computer viruses, Trojan horses, worms, or other harmful computer code intended to damage, interfere with, intercept, monitor surreptitiously, or take over another computer; (iv) attempt to gain unauthorized access to this web site, any related website, computer system, or networks connected to this web site, through hacking, password mining, or any other means; (v) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; (vi) obtain or attempt to obtain any materials or information through any means not intentionally made available through this web site, including but not limited to harvesting or otherwise collecting personal or contact information of other users; and (vii) contact anyone who has asked not to be contacted, “stalk” or otherwise harass another person or entity, or harm minors in any way.
14. You hereby expressly grant to ValMark a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content for any reason and in any manner it chooses, including for promotional and advertising purposes, alone or as a part of other works, in any form, medium or technology now known or later developed, and you waive all moral rights in all such Content.
15. ValMark does not and is not obligated to regularly review, monitor, delete or edit the Content of the web site or any associated services. However, ValMark reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission with or without notice, and you acknowledge that ValMark has the right to do so. ValMark is not responsible or liable for damages of any kind arising from any Content, or from ValMark’s alteration or deletion of any Content, even when ValMark is advised of the possibility of such damages.
16. ValMark may provide links to other Internet sites or resources via this web site. ValMark has not reviewed the accuracy of the content of any linked third party web site. No endorsement of any such linked third party web site is made, either expressed or implied. Because ValMark has no control over such sites and resources, you acknowledge and agree that ValMark is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ValMark shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
17. If you link to this web site, you agree to abide by the restrictions in this section. You agree that the link to this web site must not damage, dilute, or tarnish ValMark or the goodwill associated with any ValMark names and/or intellectual property, and that the link shall not create the false impression that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with ValMark. You agree that you will not link to the web site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contain expressions of racism, or that is libelous, defamatory, scandalous, inflammatory, or is otherwise inappropriate. Under no circumstances will you “frame” this web site or alter its intellectual property or content in any way. ValMark reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with ValMark, its web site, and/or these terms.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
18. ValMark provides this web site and the associated services in connection with one or more affiliated companies. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify ValMark, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies.
19. THIS WEB SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY VALMARK ON AN “AS IS” AND “AS AVAILABLE” BASIS. VALMARK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BATESVILLE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.
20. BY USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY ASSOCIATED SERVICES IS AT YOUR OWN RISK. VALMARK DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF VALMARK ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, VALMARK DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND VALMARK, OR BETWEEN YOU AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
21. VALMARK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF VALMARK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, VALMARK WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON BATESVILLE’S COMPUTERS AND/OR SERVERS.
22. 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 LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. You agree to indemnify, defend and hold harmless ValMark, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this web site and the services provided in connection with the web site, or your breach of any provision of this Agreement or any warranty provided hereunder.
24. You agree that if you are dissatisfied with the web site or any services offered in connection with the web site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against ValMark with respect to this Agreement or the web site, your sole and exclusive remedy is to discontinue using the web site and any services offered in connection with the web site.
25. This web site is created and maintained by ValMark in the State of Florida. You agree that the laws of the State of Florida will govern this Agreement, without giving effect to any principles of conflicts of laws. Any action or proceeding arising out of this Agreement or your use of the ValMark web site must be brought in the state courts located in Lee County, Florida, and you hereby consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
Copyright Infringement Claims
26. ValMark respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. ValMark reserves the right to remove access to infringing material posted to its web site. Such actions do not affect or modify any other rights ValMark may have under law or contract.
If you believe that any portion of the material contained on this site infringes your copyright, notify ValMark of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this site’s Designated Agent:
954 Sand Castle Rd.
Sanibel, Fl 33957
To be effective, the Notification must be in writing and contain the following information:
▪ 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.
Upon receipt of the written Notification containing the information outlined above, ValMark will:
▪ Remove or disable access to the material that is alleged to be infringing;
▪ Forward the written notification to such alleged infringer;
▪ Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
▪ A physical or electronic signature of the alleged infringer;
▪ Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
▪ A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
▪ The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which ValMark may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, ValMark will:
▪ promptly provide the complaining party with a copy of the Counter Notification;
▪ inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided ValMark’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on ValMark’s network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
27. This Agreement represents the entire understanding between the parties regarding your use of the web site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as permitted in Section 1 of this Agreement or except in writing, signed by an authorized representative of ValMark. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. ValMark’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.