The following terms and conditions (“Terms”) will govern use by you (“User”) of VI Concept, Inc.’s website (the “Website”). By indicating acceptance of these Terms or by using the Website, User agrees to be bound by these Terms.
2. ADVERTISEMENTS AND PROMOTIONS; CONTENT PROVIDED VIA LINKS
2.1 VI Concepts, Inc. (“VI Concepts”) may run advertisements and promotions from third parties on the Website. User’s dealings with, or participation in promotions of, advertisers other than VI Concepts found on or through the Website are solely between User and such advertisers. VI Concepts is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
2.2 User may find links to other Internet sites or resources on the Website. VI Concepts is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable, directly or indirectly, for, any content, products, or other materials on or available from such sites or resources or for loss or damage caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The Website is owned and operated by VI Concepts. All elements of the Website, including the content and general design are protected by copyright, trademark, trade dress and other U.S. and non-U.S. laws or treaties relating to intellectual property. Except as expressly authorized by VI Concepts, User agrees not to, in whole or in part, by any means, reproduce, modify, license, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any content on the Website.
3.2 “VI Concepts Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations VI Concepts uses in connection with the Website or VI Concepts’ products and services. User agrees not to remove or modify any copyright or trademark notice, or other notice of ownership relating to VI Concepts Trademarks, and not to co-brand User’s own products or material with VI Concepts Trademarks, without VI Concepts’ prior written consent. User acknowledges VI Concepts’ ownership rights in VI Concepts Trademarks and agrees that User has no rights in the VI Concepts Trademarks other than as may be agreed in writing between User and VI Concepts. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
3.3 User agrees that any material breach of this Section 3 will result in irreparable harm to VI Concepts for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, VI Concepts will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. User waives any requirement for the posting of a bond or other security if VI Concepts seeks such an injunction.
4. DISCLAIMER OF WARRANTIES
4.1 USER’S USE OF THE WEBSITE IS AT USER’S SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. VI CONCEPTS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VI CONCEPTS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR ANY INFORMATION CONTAINED IN THE WEBSITE.
4.2 VI CONCEPTS MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (c) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. VI CONCEPTS IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, OR OTHER DAMAGE RESULTING FROM LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
4.3 USER ASSUMES ALL RISK FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
5. LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY LAW, VI CONCEPTS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF VI CONCEPTS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION USER MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. IN NO EVENT SHALL THE LIABILITY OF VI CONCEPTS TO USER EXCEED THE AMOUNT OF FEES, IF ANY, PAID BY USER TO VI CONCEPTS.
6.1 These Terms constitute the entire agreement between User and VI Concepts relating to their subject matter. User may be subject to additional terms and conditions when User uses specific VI Concepts or products or services.
6.2 VI Concepts reserves the right to modify or update these Terms at any time, with or without notice to User. It will be User’s responsibility to check this page from time to time for the version of Terms then in effect.
6.3 VI Concepts may, at any time and for any reason, make changes to the Website or restrict or suspend use of the Website or any part of it, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it, including as a result of viruses, bugs, or other causes beyond its control that corrupt the security or proper function of the Website.
6.4 Any action related to the Terms and/or User’s use of the Website shall be governed exclusively by the laws of the Commonwealth of Massachusetts, U.S.A. without regard to conflict of law principles and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. User and VI Concepts agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts, U.S.A. with respect to any such action.
6.5 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new valid provision that accomplishes as closely as possible the original business purpose, and the other provisions of the Terms will remain in full force and effect.