Last Updated: January 23, 2023
ACCESS TO THE WEBSITE
You do not need to create a Volt RMC Solutions account to access the Website; however, we may, from time to time, restrict access to certain features, parts, or content of the Website, or the entire Website to only those users who have created a Volt RMC Solutions account. If you create such an account, you are entirely responsible for the security and confidentiality of that account, including your password to access that account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of your account’s security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website.
OPERATION OF THE WEBSITE
We cannot guarantee the continuous, uninterrupted, or error-free operability of the Website. There may be times when all of (or certain features, parts, or content of) the Website becomes unavailable (whether on a scheduled or unscheduled basis) or is modified, suspended, or withdrawn. Such modifications, suspensions, and withdrawals are in our sole discretion and may be without notice to you. You agree that we will not be liable to you or to any third-party for any unavailability, modification, suspension, or withdrawal of the Website, or any features, parts, or content of the Website.
- violating any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- impersonating or misrepresenting your affiliation with any person or entity;
- republishing, redistributing, or re-transmitting the Website;
- storing the Website (including pages of the Website) on a server or other storage device connected to a network or creating a database by systematically downloading and storing any data from the Website (other than for page caching);
- removing or changing any Content (as defined below) of the Website or attempting to circumvent the security or interfere with the proper working of the Website or any servers on which it is hosted;
- creating links to the Website from any other websites without our prior written consent;
- using any robot, data mining, screen scraping, spider, Website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
- posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- interfering with or disrupting the Website or the servers or networks connected to the Website;
- posting, emailing, or otherwise transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; and
- modifying, copying, reproducing, duplicating, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Website or any software used on or for the Website or causing others to do so.
SUSPENSION AND TERMINATION OF ACCESS TO THE WEBSITE
If Volt RMC Solutions suspends or terminates your use of the Website for any reason, we will provide you with notice of our actions, unless a court order or other legal process prevents or prohibits us from providing you with such notice. You acknowledge that Volt RMC Solutions’ decision to take certain actions, including limiting access to or suspending your access to the Website, may be based on confidential criteria that are essential to Volt RMC Solutions’ risk management and/or security protocols. You agree that Volt RMC Solutions is under no obligation to disclose the details of its risk management and/or security procedures to you.
INTELLECTUAL PROPERTY RIGHTS
- Modify or make copies of any Content from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics available through the Website separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through the Website.
USE OF MARKS
You may not copy or use the names, trademarks, logos, or brands of Volt RMC Solutions or those of any of its affiliates or partners, in part, in modified form, or otherwise. Certain third-party names, trademarks, logos, and brands may appear on the Website, and those are the sole property of their respective owners, and you are similarly prohibited from copying or using such third-party names, trademarks, logos, and brands.
DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK
THE WEBSITE AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE WEBSITE, INFORMATION, CONTENT, OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (D) OF SECURITY, UNINTERRUPTED, OR ERROR-FREE ACCESS OR USE OF THE WEBSITE.
THE WEBSITE AND ALL CONTENT OBTAINED BY YOU THROUGH THE WEBSITE, INCLUDING THE LINKED WEBSITES (AS DEFINED BELOW) IS OBTAINED AT YOUR OWN DISCRETION AND RISK. AS SUCH YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON ANY INFORMATION OR ON THE WEBSITE OR ANY LINKED WEBSITE.
LIMITATIONS ON LIABILITY
THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.
The Website may contain links to other third-party websites or otherwise re-direct you to other third-party websites or services (collectively, the “Linked Websites”). The Linked Websites are not under our control and we are not responsible for any Linked Website, including, but not limited to, any content contained in a Linked Website or any changes or updates to a Linked Website. The Linked Websites may require you to agree to additional terms and conditions between you and such third party. When you click on a link to a Linked Website, we will not warn you that you have left the Website and are subject to the terms and conditions (including privacy policies, if and as applicable) of another website or destination. WE ARE NOT RESPONSIBLE FOR ANY SUCH TERMS AND CONDITIONS OR ANY DAMAGES YOU MAY INCUR BY USING THE LINKED WEBSITES.
Volt RMC Solutions provides these Linked Websites only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to the Linked Websites or their products or services. You use all links in the Linked Websites at your own risk.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
- You and Volt RMC Solutions must abide by the following rules: (i) for any claim that could otherwise be brought in small claims court, the arbitration will be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (ii) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one will be held in Wilmington, Delaware, (iii) the arbitrator’s ruling is binding and not merely advisory; (iv) ANY CLAIMS BROUGHT BY YOU OR VOLT RMC SOLUTIONS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (v) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; (vi) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Volt RMC Solutions shall pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (vii) a decision by the arbitrator (including any finding of fact or conclusion of law) against either you or Volt RMC Solutions will be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of you or Volt RMC Solutions in existing or subsequent litigation or arbitration involving any other person; and (viii) each side pays his, her or its own attorneys’ fees and expenses.
- Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret are not subject to this arbitration provision. Such claims shall be exclusively brought in the state courts located in Wilmington, Delaware or the federal courts located in Wilmington, Delaware and each party hereby consents to the jurisdiction of those courts.
- As an exception to this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.
- With the exception of subparts (iv) and (v) in subsection (b) of this arbitration provision (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (iv) or (v) in subsection (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor Volt RMC Solutions shall be entitled to arbitration. If this arbitration provision is held unenforceable by a court, or AAA refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Volt RMC Solutions shall be exclusively brought in the state or federal courts specified in subsection (c) above.
- For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:
251 Little Falls Drive, Wilmington, DE 19808 US