The VMC Group
The VMC Group

Legal Notices

Terms & Conditions for The VMC Group’s Website

The following Terms and Conditions (the “Terms”) govern your access and use of all portions of The VMC Group’s (“VMC”) Web Site and all content provided therein (the “Web Site”). 

  1. Acceptance of Terms and Conditions

    By accessing or using this Web Site you agree to be legally bound by the Terms. If you do not agree to all of the Terms, you should not access or use this Web Site, or use or obtain the products and services provided through this Web Site.

  2. Modification of Terms

    The Web Site and the Terms may be amended by VMC at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. It is recommended that you regularly review the Terms to be sure you are familiar with those that are most current. Notwithstanding the foregoing, VMC undertakes no responsibility whatsoever for updating the Web Site or content therein. To be certain that the information is current, please contact your VMC representative.

  3. Access at VMC’s Sole Discretion

    VMC reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.  

  4. Disclaimer and Limitation of Liability

    All information contained on and material obtained by you on this Web Site is provided “As Is” for use at your own risk. VMC disclaims to the fullest extent permitted by law any warranties and representations of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for any purpose and accuracy.  VMC makes no representation that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be compliant, correct, complete, accurate or reliable. 

    TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION, IN NO EVENT SHALL VMC BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEB SITE.

    You agree not to use the VMC Web Site or any VMC product in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law.

    You agree to indemnify, defend, and hold harmless VMC from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms, with VMC having the exclusive right to control such defense including selecting counsel.

  5. Third Party Content

    VMC is not responsible for the content of any site owned by a third party that may be linked to this Web Site. Any link to another site is not an endorsement of such other site or content therein and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any such third party site.

  6. Intellectual Property

    All intellectual and/or other proprietary rights, including but not limited to all trademarks, copyright and other material, in or disclosed on, the Web Site and the products sold herein is, as between you and VMC, owned by VMC. Any copying of the content provided on the Web Site other than for your own personal, non-commercial use, without written permission from VMC, is strictly prohibited. 

  7. Infringement Claims

    VMC respects the intellectual property rights of others.

    Any notices of believed infringement may be sent to the agent identified below.   In accordance with 17 U.S.C. 512, the notice must identify:

    • A physical or electronic signature of the copyright owner or person authorized to act;
    • Identification of the copyrighted work claimed to have been infringed;
    • Identification of the material that is claimed to be infringing;
    • Your contact information;
    • A statement that you have 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 you are the copyright owner or authorized to act on behalf of the owner.

    Notice of copyright infringement claims may be sent to:

    legal@thevmcgroup.com

  8. Jurisdiction for Disputes

    These Terms shall be construed in accordance with the laws of the state of New Jersey and any disputes concerning the same or any of the information or materials on VMC’s Web Site shall be resolved in the courts of New Jersey.

  9. No Confidentiality of Submissions by You Except as Required by Law

    Except with respect to certain information provided by you to make a purchase on this Web Site, and except as otherwise required by law, any information submitted by you on this Web Site, is not considered and will not be treated as confidential.  

  10. Privacy Notice

    If we collect or use information about you, we will do so in a responsible manner consistent with these Terms and our obligations under the law.

    VMC may collect both personal information about you as well as information regarding your visit to VMC’s Web Site. 

    Personal information is data specifically about you, which you typically provide on a voluntary basis, and is used to enable VMC to provide the specific product or service you have requested. 

    Information about your visit to VMC’s Web Site does not personally identify you but does provide technical information that enables VMC’s analytics programs to provide site visit information in a useful form. Such information is used by VMC to assess the operation of its Web Site and consider potential improvements. This information may be collected through the use of a third party service which may also use the collected information.

    To collect information about you, VMC may use JavaScript code, cookies, log files, web beacons, or other technologies. 

    Unless we expressly state otherwise, VMC may use your personal information for a number of different reasons, including processing your product orders, certification processes, communicating with you, and improving our services. 

    VMC may disclose your information (1) if we determine a violation of the Terms has occurred; (2) if we believe such disclosure is necessary to identify, contract or bring legal action regarding injury or interference with the rights of VMC; (3) to respond to legal process or as otherwise required by law; and (4) to assist us in fraud prevention or investigation.

    By using this Web Site, you consent to VMC’s collection and use of your information.  

    VMC reserves the right to change or update this Privacy Notice at any time without prior notice to you.  

  11. VMC’s Products

    The Web Site may contain references to specific VMC products and services that may no longer be available. Any such reference does not imply or warrant that any such products or services shall be available at any time. 

    VMC may permit purchase of its products through its Web Site as a convenience to our customers. In a non- Web Site based purchase, VMC typically provides further product specific details, warnings and personalized guidance based on the information a customer provides. Because we do not have the opportunity to obtain such additional information from you in a Web Site based purchase, we cannot assure that the product you purchase is suitable for your specific needs. If you purchase a VMC product through its Web Site, you are encouraged to consult with a VMC representative directly. 

    By purchasing a product through the Web Site you acknowledge that many VMC products are designed for use with or under specific conditions. It is the usual practice and procedure for VMC to issue detailed engineered shop drawings with certain VMC products and assisting the customer directly in selecting the appropriate product for the proposed use. BY MAKING A PURCHASE ON VMC’S WEB SITE, YOU ARE ELECTING NOT TO OBTAIN VMC’S GUIDANCE. AS A CONDITION OF SUCH PURCHASE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS VMC FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY, SUIT OR EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) INCURRED OR SUFFERED OR OTHERWISE ATTRIBUTABLE TO THE PERFORMANCE OF THE PRODUCT YOU HAVE PURCHASED, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES, BECAUSE OF INJURY OR DAMAGE TO PROPERTY, BODILY INJURY, OCCUPATIONAL SICKNESS OR DISEASE, OR DEATH. YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND HAVE BEEN MADE AWARE OF THAT THE INCORRECT SIZING/SELECTION OF CERTAIN PRODUCTS CAN RESULT IN CATASTROPHIC FAILURES RESULTING IN SERIOUS BODILY HARM AND EVEN DEATH. FURTHERMORE, YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE TAKING 100% RESPONSIBILITY FOR THE SELECTION AND USE OF THE PRODUCT YOU PURCHASE AND THAT VMC HAS NOT OFFERED ANY ASSISTANCE, AID OR SUPPORT IN THE SELECTION OF SUCH PRODUCT AND THAT VMC WILL NOT BE HELD LIABLE OR ACCOUNTABLE FOR ANY DAMAGES AS CITED IN THE EXAMPLES ABOVE, BUT NOT LIMITED TO EXAMPLES ABOVE. 

    Because of the diversity of specific conditions and variables which can affect the use of any products, as well as the wide range of issues which may be implicated by the use of such products, or arise as a result of such use, you are strongly advised to obtain professional guidance for your specific project needs.

  12. General Certification Services Terms of Use

    These specific provisions apply to the Certification portions of VMC’s Web Site and all services relating thereto, in addition to the Terms of Use generally. 

    VMC’s Web Site, including the Certification portions and statements, technical information and recommendations contained herein, is provided as a courtesy to our customers and industry participants for summary informational purposes only.  Official certifications, full reports and additional guidance are provided by VMC with respect to product certifications and VMC takes no responsibility for any use by you of the information provided on VMC’s Web Site.

    The identification of individuals or companies as having been certified by VMC does not mean that VMC endorses or recommends any such individual or company. VMC makes no warranty or representation regarding the services or products of any company or individual. Further VMC makes no representations or warranties regarding the current status of any product or service.  A certification may have expired since being issued by VMC, or a product or service of a company or individual previously certified by VMC may have been altered or may not conform to the specific products tested by VMC. 

    Regardless of the identification of any certification, or for any other reason, VMC shall have no liability of any kind whatsoever for any products or services provided by any individual or company listed as certified on VMC’s Web Site. Because of the diversity of specific conditions and variables which can affect the use of any products or provision of any service, as well as the wide range of issues which may be implicated by the use of such products or services, or arise as a result of such use, you are strongly advised to obtain professional guidance for your specific project needs. 

    VMC expressly disclaims any and all liability as to any results obtained or arising from any use of the information contained on VMC’s Web Site, including but not limited to the Certifications. In addition, the information including certifications on VMC’s Web Site may not be up to date. NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, IS MADE CONCERNING THE INFORMATION PROVIDED HEREIN. ANY USE OF SUCH INFORMATION, PRODUCTS AND/OR SERVICES WHICH MAY BE OBTAINED BY YOU FROM OR AS A RESULT OF YOUR ACCESS OF VMC’S WEB SITE IS AT YOUR OWN RISK.   

  13. Terms Relating to Obtaining Certifications and Application Process

    VMC employs a rigorous certification process. Submission of an application does not guarantee that your product will be certified. 

    If your product has been certified by VMC, by obtaining such certification, you agree and consent to being identified as certified on the Web Site. In the event that you wish to opt out of such identification, please contact your VMC representative. VMC reserves the right to remove any company or individual from its Web Site listing of certifications in its sole and absolute discretion.