Terms and Conditions

This site is provided courtesy of Virginia Abrasives Corporation and The Barton Group. It contains information and product offering capabilities for our current and potential customers. It is intended to assist you with a better understanding of our products and enable you to order certain products on-line.

The following terms and conditions ("Terms and Conditions") govern your use of this web site (the "Site"), and by accessing, viewing, copying, printing or using the material in the Site, you indicate that you understand the Terms and Conditions and agree to be legally bound by them. You should not use this site if you do not wish to engage in an agreement about the Terms and Conditions (this "Agreement").

Use and Accuracy
This Site is designed to provide general information about the business and services of Virginia Abrasives Corporation ("VAC"). While VAC endeavors to keep these materials accurate and up-to-date, VAC does not warrant or represent, either expressly or by implication, that the information contained or referenced herein is accurate or complete and VAC shall not be liable in any way for possible errors or omissions in the contents hereof. In addition, VAC reserves the right to alter the content of this Site and the terms and conditions under which it is offered in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. VAC reserves the right to terminate your access to the Site or any portion of this Site without notice in the event that you violate these Terms and Conditions or for any reason whatsoever.

Intellectual Property
All material contained in this Site is protected by law, including but not limited to United States copyright and trademark laws, as well as other state, national and international laws and regulations. All trademarks designating VAC's products and services are proprietary trademarks of VAC; use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark laws. Please be advised that VAC enforces its intellectual property rights to the fullest extent of the law. You are hereby authorized to access, view, copy, print, distribute, or use the materials on the Site for internal informational purposes only and provided that any copy of the materials or any portion thereof include proprietary notices used by VAC. You may not modify the materials from this Site or make derivative works from them.

Disclaimers and Limitation of Liability
VAC and its affiliates will not be liable for any loss resulting from a cause over which it does not have complete control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

This Site may contain links to other Internet web sites so that users may locate information that may be of interest. These sites are maintained by third parties over which VAC exercises no control and, accordingly, VAC expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. VAC's inclusion of links to any web sites does not imply any endorsement of the material on such web sites or any association with their operators.

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER VAC NOR ANY OF ITS AFFILIATES IS RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED "AS IS" FOR YOUR INFORMATIONAL PURPOSES ONLY WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

VAC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE MATERIALS OR ANY OTHER LINKED SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Applicable Laws and Jurisdictional Issues
In connection with use of this Site, you shall abide by all applicable federal, state and local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright or trademark infringement.

These Terms and Conditions will be governed by and construed in accordance with the laws of the state of New York, United States of America, without reference to its choice of law rules. All activity occurring in connection with the site (including, but not limited to, accessing pages, downloading materials or other activities initiated by you) is presumed to occur in the state of New York. Furthermore, if you accept these Terms and Conditions, you consent to the jurisdiction of the federal and state courts presiding in the state of New York, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

If any part of these Terms and Conditions is declared invalid or unenforceable under applicable law, then such provision will be automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, will be incorporated as a part of these Terms and Conditions as though originally included and the remaining parts will continue to remain in effect. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in any proceeding relating to these Terms and Conditions to the same extent as if in writing and signed by each party.

Indemnification
You agree to indemnify and hold harmless VAC, its affiliates, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys' fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.

Confidentiality and Privacy Issues
Please be advised that the confidentiality of any communication or material transmitted to VAC via the Internet or unencrypted electronic mail cannot be guaranteed, including personal information such as your address. Consequently, VAC is not responsible for the security of any information transmitted via the Internet. For more private communication, you may also contact VAC by telephone at (804)732-0056, or write to VAC at: 2851 Service Road, Petersburg, VA 23805. This Site does not collect personally identifying information about individuals except when specifically and knowingly provided by such individuals. Please see VAC's Privacy Practices Statement for protection of any personal information you may have provided to VAC.

Correspondence
VAC is pleased to hear from users of the Site and welcomes your feedback and suggestions for improvement. VAC must, however, regretfully ask that you do not submit any copyrighted, confidential or proprietary information. If you send such information, the information shall be deemed, and shall remain, the property of VAC. Any ideas, suggestions, or any other material received through this Site will be deemed to include permission for VAC to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use or act on such communications without additional approval or consideration, and you hereby waive any claim to the contrary.

Export Controls
This Site is controlled and operated by VAC from its offices within the United States. VAC makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

In addition, software, information and data (if any) from this site may be subject to United States export control laws. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals, the United States Commerce Department's Table of Deny Orders or any similar list developed by a competent arm of the United States Government.

Termination
If you are dissatisfied with any portion of the Site, or with any conditions of use contained herein, your sole remedy is to discontinue use of this Site and destroy all materials obtained from any and all of the VAC site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. VAC may terminate this Agreement at any time without notice. VAC reserves the right to update this Agreement from time to time and without notice. Updates will in no way relieve you of your obligations under earlier versions of this Agreement. Use of this Site constitutes acceptance of the terms of the agreement in place at the moment of use. This Agreement's jurisdictional provisions shall remain in force for any dispute that arises over prior activities on this Site, regardless of whether or not either party has terminated the Agreement.

Entire Agreement
These Terms and Conditions, the Privacy Practices Statement and other terms and conditions as may be found throughout the Site constitute the entire agreement between you and VAC with respect to your use of the Site. You acknowledge that, in providing you access to and use of the Site, VAC has relied on your agreement to be legally bound by these Terms and Conditions.

Privacy Practices Statement

1. VAC respects your right to privacy. This Privacy Practices Statement ("Statement") summarizes what personal information VAC may collect, how VAC might use the information, how you might correct information, and how VAC permits you to opt out of its information collecting activities. VAC will explicitly ask when it needs information that personally identifies you or allows VAC to contact you ("Personal Information"). Generally this information is requested when registering for a site, when requesting a particular service or materials, or when entering a sweepstakes or contest. If you have submitted Personal Information and you would like it removed or modified, please contact VAC at 2851 Service Road, Petersburg, VA 23805. VAC will use reasonable efforts to comply with your request.

2. VAC's site and its necessary service partners use your Personal Information to operate the sites and services and to inform you of new features, services, and products from VAC. VAC may also carefully select other companies to send you information about their products or services, which are related to the site's service but are not necessary to its operation (a "Secondary Use").

3. If a VAC site intends to use Personal Information for a Secondary Use, the VAC site will provide you with instructions on how to decline this service ("opt out"). You may also stop the delivery of informational or promotional mail from VAC by following the "remove" instructions on the mail.

4. VAC's site may disclose Personal Information if required to do so by law, pertinent to judicial or governmental investigations, or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on VAC or the site; (b) protect and defend the rights or property of VAC, the site or the users of VAC, and (c) act under exigent circumstances to protect the personal safety of users of VAC, the site or the public. In addition, VAC may provide aggregate statistics about users, sales, traffic patterns, and other information to third parties, but these statistics will include no Personal Information.

5. VAC does not intend to collect Personal Information from children under age 13 without permission of the child's parent or legal guardian. Children under the age of 13 should submit Personal Information to VAC only with the explicit permission of their parent or legal guardian. When appropriate, VAC will instruct children not to submit Personal Information. If your child has submitted Personal Information and you desire that that information be removed, please follow the instructions in item 1 above and VAC will use reasonable efforts to comply with your request. VAC encourages parents to get involved with children's online usage and to be aware of the activities in which they are participating. Parents should be aware that if their child voluntarily discloses his/her name, email address, etc. on various bulletin boards or chat areas, such disclosure might result in unsolicited messages from other parties. Accordingly, parents should discourage their children from making such disclosures.

6. Some of VAC's Web pages may contain "cookies," which are data that may be sent to your Web browser and stored on your computer. Cookies do not include Personal Information. They allow VAC's Web server to "recognize" you when you visit VAC's Site in the future. Most Web browsers can be configured to not accept cookies, or to notify you if a cookie is sent to you.

7. If at any time you believe that a VAC site has not adhered to this Privacy Practices Statement, please notify VAC by e-mail at mis@barton.com, and VAC will use all commercially reasonable efforts to promptly assess and correct the problem. Or call (804)732-0056.