SlipXSolutions.com Terms of Use

Last Revised: 05/24/2024

PLEASE READ THESE TERMS OF USE CAREFULLY AND COMPLETELY. BY ACCESSING OR USING OUR WEBSITES OR SOFTWARE APPLICATIONS VIA ANY DEVICE OR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITES OR MOBILE APPLICATIONS IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms of Use (“Terms”) apply exclusively to your access to, and use of any of Venturi’s websites or software applications via any device or platform (collectively, the “Sites”). The Terms do not alter in any way the terms or conditions of any other agreement you may have with Venturi, our subsidiaries, partners, or affiliates. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and Venturi for its violations of these Terms.

Venturi reserves the right to change or modify these Terms at any time and in our sole discretion. If Venturi makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the Last Revised date at the top of this document. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites.

1. Privacy Policy

Please refer to our Privacy Policy for information on how Venturi collects, uses, and shares information about our users.

2. Eligibility and Account Usage

The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use, or register for an account on the Sites. Each time you access the Sites, You represent and warrant that you have not previously been suspended, blocked, or removed from the Sites for any reason and that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

3. Ownership of Site Content

Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the logos and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Venturi or our affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial, personal use. Such license is subject to these Terms and excludes: (a) any resale of the Sites or Site Content; (b) the collection and use of any product listings, pictures, videos or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of Venturi, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

4. Infringement Policy and Copyright Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Venturi has adopted a policy of denying, in appropriate circumstances and in Venturi’s sole discretion, access to the Sites to anyone deemed to be repeat copyright infringers. Venturi may in our sole discretion, limit the access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement by contacting Venturi directly:

Venturi Legal Dept.
2299 Traversefield Drive, Traverse City, MI 49686
(800) 968-0104
legal@venturi-inc.com

5. Trademarks

“TARGARD”, “SLIPX SOLUTIONS,” and other Venturi product or service names, logos, product images or slogans that may appear on the Sites are trademarks or registered trademarks of Venturi and our affiliates or subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Venturi. You may not use any metatags or any other “hidden text” utilizing “TARGARD”, “SLIPXSOLUTIONS” or any other name, trademark or product or service name of Venturi without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Venturi and may not be copied, imitated or used, in whole or in part, without our prior written permission.

If you believe that anything on the Sites infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4.

6. Patents

Any US or foreign patents that apply to the Sites and to the features, services, and/or products accessible via the Sites, shall be listed within this section of The Terms for review/reference. Use of the Sites signals your acceptance of all protections and restrictions provided by US and foreign law related to Venturi’s approved and pending patent filings.

7. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Venturi or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any Venturi owned logo or other proprietary graphic of Venturi to link to the Sites without the express written permission of Venturi. Further, you may not use, frame, or utilize framing techniques to enclose any Venturi trademark, logo, or other proprietary information, including the images found at the Sites, the content of any text, or the layout/design of any page or form contained on a page on the Sites without Venturi’s express written consent.

Venturi makes no claim or representation regarding the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Venturi and Venturi provides these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement, or adoption by Venturi of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Sites.

8. Product Reviews

We may provide specific opportunities for you to tell Venturi and Venturi customers or users what you think about our products or services (“Product Reviews”). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and Venturi does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness, or content of such reviews. Finally, we may use a third party to “power” or provide the opportunity to review products or services. In that case, you will also need to review the terms of service for that third party’s website, including its privacy policy, to determine whether they are acceptable to you. If they are not, do not use its site or provide Product Reviews.

9. User Conduct

You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree not to:

Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided or approved by Venturi to access the Sites or to extract data;
Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Sites (except as otherwise expressly permitted by law);
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Use or attempt to use another’s account without authorization from Venturi;
Attempt to access any service or area of the Sites that you are not authorized to access;
Engage in any harassing, intimidating, predatory or stalking conduct;
Develop any third-party applications that interact with User Content and our Sites; or
“Frame” our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

Venturi has no obligation to monitor any user conduct on the Sites, and Venturi reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice.

10. No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the Parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Venturi and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, employees, independent contractors, service providers, and consultants (together with Venturi, the “Venturi Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your use or misuse of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Product Review feedback you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify the Venturi Parties of any third-party Claims, cooperate with the Venturi Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the Venturi Parties shall have control of the defense or settlement of any third-party Claims.

12. Disclaimer

Except as expressly provided, the Sites, Site Content, User Content, and services provided on or in connection with the Sites (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. VENTURI DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Venturi does not represent or warrant that the Complete Site is accurate, complete, reliable, current, or error-free. Venturi does not represent or warrant that the Sites or our servers are free of viruses or other harmful components.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VENTURI PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE COMPLETE SITE (INCLUDING BUT NOT LIMITED TO USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES THAT WE DO NOT OWN OR CONTROL), YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER SITE USERS, OR OTHERWISE RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE COMPLETE SITE, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO A VENTURI PARTY’S RECORDS, PROGRAMS OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VENTURI PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VENTURI FOR ACCESS TO OR USE OF THE COMPLETE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION 13 WILL NOT LIMIT OR EXCLUDE THE VENTURI PARTIES’ LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

14. Modifications to Site

Venturi reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.

15. Applicable Law and Venue

THESE TERMS AND YOUR USE OF THE SITES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN, APPLICABLE TO AGREEMENTS MADE AND TO BE ENTIRELY PERFORMED WITHIN THE STATE OF MICHIGAN, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN GRAND TRAVERSE COUNTY, MICHIGAN AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS.

16. Termination

Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, Venturi reserves the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.

17. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

18. Errors

We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged.

19. Complaints and Legal Notices

All complaints and legal notices should be mailed to Venturi, Attn: Legal Dept., 2299 Traversefield Drive, Traverse City, MI 49686. If a law requires us to accept legal notices via email, call 1-800-968-0104 to ask for the address intended for receipt of such notices