Welcome to the Web Site (the “Site”) of VAN ANDEL PROPANE COMPANY, Inc. (“Van Andel Propane”). Please read and review these Terms and Conditions of Web Site Use (the “Terms”) carefully before accessing or using our Site. These Terms govern any use of or access to our Site. By accessing or using this Site, you acknowledge that you have read, understood and agreed to all of the Terms. If you do not agree to such Terms, you may not access or use the Site.
1. Use of Web Site & Content. The information provided on this Site is for general informational and educational purposes only. Certain sections of this Site are intended for particular audiences, including Van Andel Propane’s employees and customers, as well as members of the general public. We intend that the Site will provide a medium for all users to learn more about our products and services and to exchange information with Van Andel Propane. All access to and use of the Site is, however, governed by these Terms.
2. Disclaimer of Representations/No Liability. Van Andel Propane will use reasonable efforts to include accurate and up-to-date information on the Site but makes no warranties or representations of any kind as to its accuracy, currency or completeness, or any representations or warranties about the products or services Van Andel Propane may provide. You agree that access to and use of this Site and the content thereof is at your own risk. Van Andel Propane disclaims all warranties, express or implied, including warranties of merchantability of fitness for a particular purpose. Neither Van Andel Propane nor any party involved in creating, producing or delivering this Site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Site, or any errors or omissions in the content thereof.
4. Copyrights & Trademarks. A. All of the content you see and/or hear on this Site, including without limitation, all of the product images, illustrations, graphics and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses of Van Andel Propane or its affiliates. The contents of this Site are subject to copyright protection (Copyright © 2009 Van Andel Propane Inc. All Rights Reserved) and may not be copied (other than for non-commercial individual reference with all copyright or other proprietary notices retained) or thereafter recopied, reproduced or distributed without Van Andel Propane’s prior written consent. B. All product names, whether or not appearing in large print or with the trademark symbol on this Site, are trademarks of Van Andel Propane, its affiliates, related companies or its licensors, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted by Van Andel Propane, is expressly prohibited and may be in violation of copyright law, trademark law, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Van Andel Propane actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
5. Third Party Web Sites and Links. This Site may contain links or references to other web sites maintained by third parties over whom Van Andel Propane has no control. Such links are provided merely as a convenience. Similarly, this web site may be accessed from third party links over whom Van Andel Propane has no control. Van Andel Propane makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Van Andel Propane.
6. Non-Confidential Information. We welcome your comments regarding this Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Van Andel Propane shall be and remain the exclusive property of Van Andel Propane. Your submission of any such Comments shall constitute an assignment to Van Andel Propane of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Van Andel Propane will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
7. Indemnification. You agree to indemnify, defend and hold harmless Van Andel Propane, its officers, directors and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fee, resulting from any violation by you of these Terms.
8. Void Where Prohibited. This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this web site is accessible to users outside of the U.S., the information on the Site pertaining to Van Andel Propane’s products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and practices that differ from those in the U.S. Van Andel Propane reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any item on this Site which is construed as an offer for any product or service made on this Site is void where prohibited.
9. Governing Laws. These Terms and your use of this Site shall be governed by the laws of the United States of America and the States of Indiana and Michigan without regard to its conflicts of laws principles. Any legal action or proceeding related to this web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in St. Joseph County or Elkhart County, Indiana.
10. Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Van Andel Propane reserves the right to alter or delete materials from this web site at any time at its discretion. 11. Change of Terms. Van Andel Propane reserves the right to modify these Terms at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms, as modified. For this reason, we encourage you to review these Terms whenever you use the Site for updates or any changes.