Terms and Conditions

Last updated: 31 August 2024

Welcome to Viking Manufacturing Inc. These Terms and Conditions (“Terms”) govern your access to and use of our services (“Service Software”), including all websites, webpages, applications, products, documentation, and features offered by or through the Service. By accessing or using our services, you agree to these Terms, as well as our Privacy Policy.

1. Acceptance of Terms

Your use of the Service is expressly conditioned on your acceptance without modification of these Terms. Any use of our Service that is inconsistent with these Terms is unauthorized. Your use of the Service, including your browsing of any webpages on the Service, constitutes your acceptance and agreement to be bound by these Terms. If you do not agree with our Terms, please do not use our Service. If you use the Service on behalf of a company, business, or other entity, then (i) the term “you” includes you and such company, business, or entity, and (ii) you represent and warrant that (a) you are authorized to bind such company, business, or entity to these Terms and (b) you agree to these Terms on such company’s, business’s, or entity’s behalf.

2. Changes to the Terms

We may, in our sole discretion and for any reason, change, supplement, or amend these Terms without any notice or liability to you or any other person by posting revised Terms on the Service. Accordingly, we encourage you to review these Terms periodically. If you continue to use the Service after we change these Terms, then you accept all such changes.

From time to time, we may add to or change the functionality and features of the Service. We reserve the right to change, modify, suspend, or discontinue the Service, including any features or functionality, in whole or in part, without notice or liability to you. We do not guarantee the ongoing availability of the Service or any of its features or functionality.

3. Privacy Policy

Use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference.

4. Eligibility to use the Service

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4. 1. Legal Age and Ability: You may use the Service only if you have reached the age of majority where you live and can form a binding contract with us under applicable law.
   2. Legal Compliance: You represent and warrant that (i) your use of the Service is legal in, and does not violate any laws or regulations where you live or from where you access the Service, (ii) you possess the legal right and ability to enter into these Terms and to use the Service in accordance with these Terms, (iii) your use of the Service will be in accordance with these Terms, and (iv) your use of the Service will be in accordance with all applicable laws and regulations.
   3. Export Compliance: Your use of the Service may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations, (b) will not transfer software, technology, or other technical data via the Service to export-prohibited parties or countries, (c) will not use the Service for military, nuclear, missile, chemical, or biological weaponry end uses in violation of United States export laws, (d) will not access or use the Service from a country or region that is targeted for comprehensive trade sanctions by the United States government, and (e) will not transfer, upload, or post via the Service any software, technology, or other technical data in violation of United States or other applicable export or import laws.
   4. Right to Restrict or Terminate Access: In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we reserve the right to terminate, restrict, or suspend your access to the Service, in whole or in part, at any time without notice. For example, and without limitation, we may terminate or suspend your access to the Service upon your non-compliance (or threatened non-compliance) with these Terms or if you violate (or threaten to violate) our rights or the rights of any other party.

5. Ownership of Content and Intellectual Property

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5. 1. Ownership: The information, content, images, text, audio, layouts, features, services, and other items available on or through our Service (collectively, the “Service Intellectual Property and Services”) is the sole property of Viking Manufacturing, and/or third parties and is protected by copyright, trademark, and other intellectual property laws. Without Viking Manufacturing’s prior written consent, exercised in our sole discretion, users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any Service Intellectual Property and Services for any commercial or public purposes and/or other than as expressly intended and offered by Viking Manufacturing.
   2. Acknowledgement of Third-Party Rights: Viking Manufacturing recognizes and respects that all intellectual property rights in any third-party software or services used in connection with our Service are owned by the respective third-party licensors and are protected under intellectual property laws. Our services are offered with the understanding and agreement that these rights are strictly owned by the third-party licensors.
   3. No Transfer of Rights: Clients agree that the use of Viking Manufacturing’s services in connection with third-party software does not confer any ownership or intellectual property rights in the software. All use of third-party software shall be in accordance with the terms and conditions set forth by the respective third-party licensors.
   4. Use of Trademarks: Unless otherwise permitted by agreement with Viking Manufacturing, users may not use the trademarks, logos, and service marks (“Marks”) of Viking Manufacturing for any purpose, including, but not limited to, use as “hot links” in other pages or sites on the World Wide Web without the written permission exercised in the sole discretion of Viking Manufacturing or such third party that may own the Mark.

6. Use of Services

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6. 1. User License: Clients are granted a non-exclusive, non-transferable license to use our services for internal business purposes. You agree not to misuse our services, including not infringing on our intellectual property and not using our services for illegal activities.
   2. Prohibited Use: Clients acknowledge and agree that these Terms incorporate by reference the terms of any acceptable use policy as set out on our website or as provided to clients from time to time. Clients must not, and will ensure each Authorized User does not:
      • Use the Services to violate any legal rights of any person, the client, or other entities in any jurisdiction.
      • Use the Services in relation to crimes such as theft and fraud.
      • Use the Services in breach of laws relating to the protection of copyright, trade secrets, patents, or other intellectual property and laws relating to spam or privacy.
      • Introduce malicious programs into our systems (e.g., viruses, worms, Trojan horses, email bombs).
      • Use the Services to carry out security breaches or disruptions of a network, including, but not limited to, network sniffing/monitoring, ping floods, packet spoofing, denial of service, and forged routing information for malicious purposes.
      • Send any unsolicited email messages in breach of applicable law or use the Services to send any form of harassment via email or any other form of messaging.

7. Communications and User Submissions

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7. 1. Communications: You agree that all information delivered to the Service is, and shall remain, the sole and exclusive property of Viking Manufacturing and may be used by Viking Manufacturing for any purpose whatsoever, commercial or otherwise, without compensation. Such information shall not be considered as confidential but will be treated at all times in compliance with Viking Manufacturing’s Privacy Policy.
   2. User Submissions: If you submit any content or materials through the Service or if you provide us with any comments, ideas, or feedback relating to the Service (collectively, “User Submissions”), you (i) grant us and our affiliates a non-exclusive, royalty-free, transferable, sublicensable, and worldwide license to use, store, display, post, reproduce, modify, publish, broadcast, perform, print, distribute, and prepare derivative works of your User Submissions in perpetuity in connection with our Service and our and our affiliates’ businesses (and our and our affiliates’ successors’ businesses), including for purposes of developing, operating, improving, redesigning, providing, redistributing, using, promoting, and marketing all or part of the Services, in any and all media formats (now known or hereafter developed) and through any and all media channels (now known or hereafter developed), and (ii) represent and warrant that you have all necessary licenses, rights, consents, and permissions to grant us the foregoing license. Nothing in these Terms will restrict other legal rights that we may have to User Submissions, for example under other licenses. You agree that you will not receive any consideration or compensation in connection with your User Submissions.

8. Third-party Links and Content

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8. 1. Third-Party Links and Content: Viking Manufacturing may provide links to third-party websites or services, for which we are not responsible. These links do not imply our endorsement. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The Client further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
   2. Linking to Viking Manufacturing’s Website: Linking to Viking Manufacturing’s website or the content within our Service is prohibited without our express written consent, exercised in our sole discretion. If granted, this limited license expressly prohibits the framing of Viking Manufacturing’s content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation.

9. Indemnity

You agree to indemnify, defend, and hold Viking Manufacturing, its officers, directors, and its other agents and representatives harmless from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of, based on, or in connection with your access and/or use of our Service or any link to or from our Service.

10. Payment Fees, Orders, and Taxes

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10. 1. Fees: Clients must pay Viking Manufacturing the agreed Fee and any other amount payable under these Terms, without set-off or delay, using the Payment Method in accordance with the Payment Terms. All Fees are payable in advance.
    2. Taxes: If Viking Manufacturing has the legal obligation to pay or collect taxes for which the client is responsible, the appropriate amount shall be invoiced to and paid by the client, unless the client provides a valid tax exemption certificate authorized by the appropriate taxing authority.
    3. Variation Fees: If there is a variation in the services, Viking Manufacturing will include the variation fees due and payable for the variation performed in subsequent invoices.
    4. Non-Refundable Fees: Client acknowledges that it shall have no right to return the Services and that all Fees shall be non-refundable. If Viking Manufacturing is required to initiate legal action due to nonpayment of fees, the client shall bear all costs resulting from the collection of such fees.
    5. Recovery: If any payment has not been made in accordance with the Payment Terms, Viking Manufacturing may (at its absolute discretion):
       • Immediately cease providing the Services and recover as a debt due and immediately payable from the Client its Additional Costs of doing so.
       • Charge interest on any such amounts unpaid after the due date.
       • Engage debt collection services and/or commence legal proceedings in relation to any such amounts; and/or.
       • Report the Client to any independent credit data agencies.

11. Disclaimers and Limitations of Liability

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11. 1. Liability Disclaimer: The Service Intellectual Property and Services is obtained and provided from sources believed to be reliable and accurate. Viking Manufacturing makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness, and to non-infringement, misappropriation, and interference of the Service Intellectual Property and Services and is not responsible for any errors or omissions therein, whether caused by the source of the related information or services or by Viking Manufacturing. The Service content may contain inaccuracies or typographical errors. Viking Manufacturing does not represent that the Service will operate error-free or that it and its server are free of computer viruses or other harmful elements. The Service Intellectual Property and Services, and all related factual and other information, including any opinions, accessible through our Service, is provided on an “AS IS, AS AVAILABLE” basis without warranty of any kind and, without limiting the generality of the foregoing, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND INTERFERENCE ARE SPECIFICALLY DISCLAIMED. VIKING MANUFACTURING IS NOT RESPONSIBLE IN ANY WAY FOR ANY LOSS THAT RESULTS FROM THE USE OF THE SERVICE INTELLECTUAL PROPERTY AND SERVICES (INCLUDING WITHOUT LIMITATION, FACTUAL INFORMATION), INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, PUNITIVE, OR EXEMPLARY DAMAGES.
    2. Maximum Liability: Viking Manufacturing’s entire liability and your exclusive remedy with respect to any dispute with us (including without limitation your use of the Service or receipt of any communications) is to discontinue your use of the Service. In no event will Viking Manufacturing be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, economic loss, lost profits, or lost savings), whether based in contract, tort, equity, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Service, content, User Submissions, the operation of the Service or any failure or delay in the operation of the Service, or any of the products or services offered on the Service, even if advised of the possibility of damages.
    3. Risk of Use: Your access to, and use of, the Service, the content, and any User Submissions are at your risk, including your assumption of all risks that the Service, the content, and User Submissions will be uninterrupted, timely, secure, and error-free. If you are dissatisfied with the Service, the content, or User Submissions, your sole and exclusive remedy is to discontinue accessing and using the Service. In no event will Viking Manufacturing or any of our affiliates or licensors be liable for any loss or corruption of data, and neither we nor any of our affiliates or licensors have any responsibility or liability for the deletion or failure to store any information, data, User Submission, communications, or other content maintained or transmitted by or through the Service.

12. Confidentiality

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12. 1. Confidentiality Obligations: Each Party must (and must ensure that its Personnel do) regarding all Confidential Information:
       • Keep confidential; and
       • Not use or permit any unauthorized use of,
       • The obligations in this Section shall not apply to any information that:
         • Is in, or comes into, the public domain without a breach of these Terms by the relevant Party;
         • The relevant Party has the prior written consent of the Party that disclosed the Confidential Information;
         • The disclosure is required by law or court order; provided that, the receiving party provides the disclosing with prompt written notice thereof and uses the receiving party’s best efforts to limit disclosure;
         • The disclosure is required in order to comply with these Terms, provided that the Party disclosing the Confidential Information ensures the recipient complies with the terms of this Section; and
         • The disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the Party disclosing the Confidential Information ensures the adviser complies with the terms of this Section.
    2. Remedies: For the purpose of this Section, each Party acknowledges and agrees that monetary damages may not be an adequate remedy for a breach. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this Section.

13. Marketing and Promotional Use of Work

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13. 1. Showcase Rights: Viking Manufacturing reserves the right to showcase any work, projects, or services completed for clients in our marketing, promotional, and educational materials. This includes the use of such work on our website, in case studies, webinars, social media platforms, demos, and other promotional channels.
    2. Format of Showcasing: The showcased work may be presented in various formats, including but not limited to digital media, print media, and live demonstrations.
    3. Client Testimonials: We may use client testimonials in our promotional materials. Clients who provide testimonials agree to the use of their statements along with their names, titles, and company names for marketing purposes.
    4. Respect for Confidentiality: While showcasing completed work, Viking Manufacturing will ensure that all confidential and proprietary information of the client is protected and will not disclose any sensitive information without prior written consent from the client.
    5. Opt-Out Option: Clients have the option to opt-out of having their projects showcased in our marketing materials. Clients wishing to opt-out should provide a written notice to Viking Manufacturing.
    6. Use of Logos and Trademarks: In showcasing client work, Viking Manufacturing may use client logos and trademarks solely for the purpose of identifying the client as a Client of Viking Manufacturing. Such use implies no endorsement by the client.

14. Non-Solicitation

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14. 1. Non-Solicitation Clause: The client agrees not to solicit or entice away any person or organization that was an actual or prospective client, employee, contractor, representative, agent of, or developer to Viking Manufacturing during these Terms.

15. Miscellaneous

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15. 1. Force Majeure: If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by reasons of Force Majeure and the affected party is unable to carry out its obligations, then the obligations of the affected party shall be suspended to the extent necessary by such event. The affected party shall use reasonable efforts to remove such prevention or limitation and continue performance when possible. Notwithstanding the foregoing:
       • Client shall be liable for payment obligations for Services rendered; and
       • If a Force Majeure continues for more than thirty (30) days, either party may terminate this agreement by written notice to the other party.
    2. Waiver: Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A waiver must be in writing.
    3. Assignment: Neither party may transfer and assign its rights and obligations under this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, Viking Manufacturing may transfer and assign its rights under this Agreement without consent from the other party in connection with a change in control, acquisition, or sale of all or substantially all its assets.
    4. Severance: In case any provision within the Agreement (or any portion thereof) is deemed invalid, unlawful, or otherwise held to be invalid, illegal, or unenforceable by a competent court of law, such provision shall be deemed modified to the extent necessary to render it valid, legal, and enforceable under such law. If modification is not possible, the invalid, illegal, or unenforceable provision shall be deemed severed from this Agreement, and the remainder of the Agreement shall continue in full force and effect.
    5. Entire Agreement: These Terms (including the Privacy Policy) constitute the complete, final, and exclusive understanding between you and us relating to your use of the Service, the content, and the User Submissions, superseding all prior or contemporaneous understandings, agreements, and/or communications with respect to such subject matter.
    6. Compliance with Laws: Client shall comply with all applicable laws and regulations in its use of any Service, including without limitation the unlawful gathering or collecting, or assisting in the gathering or collecting of information in violation of any privacy laws or regulations. Client shall, at its own expense, defend, indemnify, and hold harmless Viking Manufacturing from and against any and all claims, losses, liabilities, damages, judgments, government or federal sanctions, costs, and expenses (including attorneys’ fees) incurred by Viking Manufacturing arising from any claim or assertion by any third party of violation of privacy laws or regulations by Client or any of its agents, officers, directors, or employees.
    7. Cumulative Rights: The rights arising out of this Agreement do not exclude any other rights of either Party. Each indemnity in this Agreement is a continuing obligation that is separate and independent from the other obligations of the Parties under this Agreement. A Party is not obliged to take any action or incur any expense before enforcing any indemnity under this Agreement.

16. Governing Law And Jurisdiction

These Terms shall be governed exclusively by, and construed exclusively in accordance with, the laws of the State of California, United States of America. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the state and federal courts located within Florida and any courts entitled to hear appeals from those courts.

17. Contact Information

For any queries or concerns regarding these Terms, please contact us at:

Viking Manufacturing Inc.
7108 N Fresno St (Ste. 270), Fresno CA 93720

Email: support@vikingmfg.net