VAI Acquisition LLC

Website Terms of Use

Last Modified: February 3, 2016

 

A.    Acceptance of the Terms of Use:

These terms of use are entered into by and between You and VAI Acquisition LLC ("Company", "we" or "us"). The following terms and conditions, together with our Privacy Policy and our Terms and Conditions of Purchase (collectively, "Terms of Use"), govern your access to and use of http://verbal.care, including any content, functionality and services offered on or through http://verbal.care (the "Website").

Please read the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by the Terms of Use, including the Privacy Policy found at http://verbal.care/privacy. If you do not want to agree to these Terms of Use, you must not use the Website.

This Website is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

B.    Changes to the Terms of Use:

We may revise and update the Terms of Use from time-to-time in our sole discretion. All changes are effective immediately upon our posting of them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this so you remain abreast of any and all changes, as they are binding on you.

 

C.    Accessing the Website and Account Security:

1.    Our Provision of Access:

a.    We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole and absolute discretion, without notice.

b.    We will not be liable if, for any reason, all or any part of the Website is unavailable or inaccessible, at any time, or for any period.

c.     We may restrict access to parts of the Website, the entire Website, or to users, including registered users.

d.    We have the right to deny access to the Website, disable any user name, password or other identifier, whether chosen by you, or provided by us, at any time, in our sole and absolute discretion, if, in our opinion, you have violated any provision of these Terms of Use.

2.    Your obligations with respect to your access to, and use of, the Website:

a.    You agree to be responsible for making all arrangements required for you access the Website and ensuring that all persons who access the Website through your internet connection are aware of, agree to and comply with, the Terms of Use.

b.    You may be asked to provide certain registration details or other information in order to access the Website and resources it offers. As a condition of your use, all information you provide on the Website must be correct, current and complete.

c.     You agree that all information you provide in order to register with the Website, including but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, found at http://verbal.care/privacy.

d.    You consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you agree you will not disclose it to any other person or entity.

D.    Intellectual Property Rights:

1.    The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

2.    Permitted Uses: The Terms of Use permit you to use the Website and any services or materials available through the Website for your personal, non-commercial use only and only except as follows:

a.  Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

b.  You may store files that are automatically cached by your Web browser for display enhancement purposes.

c.  You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

d.  If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

e.  If we provide social media features with certain content, you may take such actions as are enabled by such features.

3.    Prohibited Uses: The Terms of Use among other things, prohibit you from, and you agree you will not:

a.    reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit ;

b.    modify copies of any materials from this site;

c.     use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;

d.    delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site in any way that violates 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);

e.    use the Website for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

f.      transmit, or procure the sending of, any advertising or promotional material, including "junk mail", "chain letter" or "spam" or any other similar solicitation;

g.    impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses associated with any of the foregoing;

h.    engage in any conduct that restricts anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;

i.      use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;

j.      use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

k.     use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;

l.      use any device, software or routine that interferes with the proper working of the Website;

m.  introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

n.    attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;

o.    attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

p.    otherwise attempt to interfere with the proper working of the Website.

4.    If you wish to make any use of material on the Website other than that set out in the Term of Use, please submit your request to: support@verbalcare.com  

5.    If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by the Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

E.    Trademarks:

The Company name, the terms, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans which may appear on the Website are the trademarks of their respective owners.

F.     Reliance on Information Posted by Us or Others

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

G.    Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy http://verbal.care/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

H.    Links from the Website:

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We may disable all or any social media features and any links at any time without notice in our discretion.

I.      Geographic Restrictions:

We are based in the Commonwealth of Massachusetts in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

J.    Disclaimer of Warranties:

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

K.    Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

L.    Indemnification:

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in the Terms of Use, including the Privacy Policy, the Terms and Conditions of Purchase or your use of any information obtained from the Website.

M.   Limitation on Time to File Claims:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

N.    Waiver and Severability:

No waiver of by the Company of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

O.   Entire Agreement:

The Terms of Use, our Privacy Policy and the Terms and Conditions of Purchase constitute the sole and entire agreement between you and VAI Acquisition LLC with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

P.    Your Comments and Concerns

This website is operated by Medical Specialties Distributors, 800 Technology Center Drive, Stoughton, Ma 02072

All feedback, comments and communications relating to the Website should be directed to:

 

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