Terms of Use

Terms of Use, Warranties & Disclaimers

General Terms & Conditions

This “Terms of Use” is a binding contract between you and Vulcan Electric, Inc. (“Vulcan”). The Terms of Use govern your use of Vulcan’s website and the materials accessible on or from this site. Please read these Terms of Use carefully before accessing any part of the site. If you do not agree with these Terms of Use or do not otherwise wish to be bound by the terms and conditions set forth herein, please do not access the website.

Intellectual Property

The information on this website, including without limitation, the look and feel of the site and all design, text, images, trademarks, tradenames, logos, white papers, press releases, and other information. All software products advertised, presented, or discussed therein, are protected under the United States and other copyright laws. They are owned by Vulcan Electric, Inc. or used under license from the respective intellectual property rights owner.

All right, title and interest in all servers and server-based technology related to the site, including, without limitation, protocols, parameters, designs, specifications, user identification algorithms. Vulcan owns technology underlying such algorithms. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Vulcan’s prior written consent.

Except to the extent that such use is expressly authorized under the United States copyright laws. Vulcan’s trademarks, tradenames, logos, images, and service marks used on this site are Vulcan’s property. They may not be used without prior written permission from Vulcan and then only with proper acknowledgment.

Confidential Information

Vulcan discourages you from sending or posting to the Vulcan website any information that you consider to be confidential or proprietary. Please note that if you do send or post any such information or material, Vulcan will assume that it is not confidential. By sending or posting any information or material, you grant Vulcan a worldwide, royalty-free, unrestricted, fully transferable, perpetual, and irrevocable license to use, reproduce, display, perform, modify, transmit, create derivative works as defined by the United States copyright laws from, and distribute those materials or information including any derivative works in any form or medium anywhere.

You agree that Vulcan is free to use any ideas, concepts, know-how, or techniques that you send or post for any purpose. Also, by transmitting, uploading, posting, or submitting any information to or through the site, you warrant that no other party has rights to the information and that your transmission, posting, uploading, or submission of such information to or through the site does not violate any copyright or other laws.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

While Vulcan attempts to make sure that only accurate and up-to-date information is presented on this website, Vulcan assumes no responsibility. It makes no representations concerning the accuracy of any information presented here. Therefore, the site and all materials and information contained therein are presented on an “AS-IS” and “AS AVAILABLE” basis.

YOU EXPRESSLY AGREE THAT ENTERING OR USING THE SITE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM – EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR USE OF THE SITE, IS GIVEN OR ASSUMED BY VULCAN. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, AND TERMS ARE HEREBY EXPRESSLY EXCLUDED. VULCAN MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

VULCAN DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF YOU TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

IN NO EVENT SHALL VULCAN BE LIABLE TO ANY PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION PRESENTED IN THE SITE, LOSS OF PROGRAMS OR INFORMATION, LOSS OR INTERRUPTION OF BUSINESS, OR LOSS OF PROFITS OR REVENUES), OR ANY OTHER DAMAGES ARISING, IN ANY WAY, SHAPE OR FORM, OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SITE, EVEN IF VULCAN SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE.

IN NO EVENT SHALL VULCAN BE LIABLE TO ANYONE FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS CONCERNING THE SITE OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH THE SITE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.

Forward-Looking Statements

This website may contain forward-looking statements. Actual results and performance may vary.

Privacy

Vulcan recognizes and respects the privacy of users of this website. When you choose to provide us with information about yourself, including, without limitation:

• (i) Filling out Vulcan’s online form to request a press kit.
• (ii) Sending a resume to Vulcan through the site.

Vulcan will not share your information with any third party without your permission. Provided, however, that Vulcan may store and disclose your personal information as allowed or required by applicable law, including making disclosures that are necessary or advisable to:

• (i) Protect the rights, safety, or property of Vulcan or others by example. Without limitation, Vulcan may disclose user information to unrelated parties in special cases when Vulcan has reason to believe that disclosure is necessary to identify, contact, or bring legal action against a person or persons who may be causing injury to, or interference with, the rights or property of Vulcan or any third party.
• (ii) Conform to legal or regulatory requirements by way of example without limitation, Vulcan may disclose information about individual users to law enforcement agencies, judicial or government authorities, or other individuals or entities in response to subpoenas, court orders, or other legal processes.

Vulcan collects certain information that is not provided directly by anyone regarding all users who browse the site. This “Aggregate Information” includes, but is not limited to a user’s:

• (i) Internet browser type (e.g., Internet Explorer 5.5)
• (ii) IP address
• (iii) Resolution settings
• (iv) Platform type
• (v) Originating URLs.

Vulcan uses Aggregate Information to:

• (a) Help diagnose problems with Vulcan’s server(s)
• (b) Measure usage of the site
• (c) Administer the site
• (d) Inform Vulcan’s sponsors and business partners as to the number of users who fall into certain demographic categories
• (e) Provide Vulcan’s sponsors and business partners with information regarding which users saw and clicked on certain advertisements on the site
• (f) Perform statistical analyses of the collective characteristics and behavior of users to measure user demographics generally

Vulcan takes extreme precautions to protect the information of its users. After users transmit personal information (including limitations, resumes), the information is encrypted and protected. Such user information resides on Vulcan’s servers behind various firewalls to protect against the loss, misuse, theft, and unauthorized modification, deletion, or alteration of the information contained therein.

Only Vulcan employees who require access to certain information to perform specific employment tasks are granted limited access to such information. Although, Vulcan’s measures exceed those of the Internet industry. Vulcan makes no claim or warranty as to Vulcan’s system’s security or impenetrability under unusual circumstances or its resilience to future sophisticated attacks.

Vulcan is not targeting the site to children, and Vulcan does not intend to collect contact information from children under 13. If you are under the age of 13, please email Vulcan, contact, attempt to use the site, submit information to or through the site, or ask Vulcan to email you. If you are under the age of 18, you should get permission from a parent or guardian before you email Vulcan, contact, attempt to use the site, submit information to or through the site, or ask Vulcan to email you.

When you view certain parts of the website, information may be stored on your computer. This information will be in the form of a “cookie.” A small electronic data file that Vulcan can store on a user’s hard drive for record-keeping purposes or similar files will permit the website’s tailoring to better match your interests or preferences.

The use of cookies is standard in the Internet industry, and many websites use them. Also, a user may modify their browser’s settings to notify such a user whenever a website will deposit a cookie on such a user’s hard drive. The notification option generally allows the user to decide whether to accept or refuse a cookie in each instance.

This Privacy section applies only to information collected while a user is on the Vulcan site. The site contains links (see “Linking” below) to other websites and, conversely, other websites may contain links to the Vulcan site.

Linking

As a convenience and as discussed above, this website contains links to other sites not controlled by or affiliated with Vulcan. Accordingly, Vulcan is not aware of and is not responsible for the privacy policies, practices, or content of other websites. As such, we do not make any representations concerning the privacy practices or terms of use of such sites.

Nor does Vulcan control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials available on such sites. The inclusion or exclusion does not imply any endorsement by Vulcan of the site, the site’s provider, or the site’s information. If you visit such other websites, Vulcan encourages you to read and become familiar with the privacy policies maintained by such other websites.

Governing Law

Without reference to any choice of law provisions, the State of California’s internal laws shall govern any claims, actions, disputes, or demands relating to the website or the materials on it. You agree to personal jurisdiction by and venue in the state and federal courts in Orange County, California.

Export Regulations

The site and the information and other content contained therein is further subject to United States export controls. No such information or content may be downloaded or otherwise exported or re-exported:

• (i) Into or to a national or resident of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods.
• (ii) To anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

By accessing the site or by downloading or using such information or content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Entire Agreement

These Terms of Use contain the entire agreement between you and Vulcan regarding the use of the site. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect.

Miscellaneous

Vulcan reserves the right in its sole discretion to:

• (i) Make improvements, corrections, adaptations, conversions, or any other change in the site or any part thereof.
• (ii) Change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, the site or any part thereof, without notice to any third party, for any reason or no reason.

Vulcan may change these Terms of Use from time to time, at its sole discretion, without prior notice to you or any other user of the site. You may review the current Terms of Use at any time by visiting this “Terms of Use” page. Users are responsible for reviewing the page to ensure compliance. Any changes to these Terms of use shall become effective three days after the “last updated” date at the beginning of the respective Terms of Use.