Terms & Conditions Agreement - Verdesian Life Sciences

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Terms and Conditions Agreement

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GENERAL

This website is owned and operated by Verdesian Life Sciences, LLC and its affiliates (collectively and individually “Verdesian”). Use of this website is subject to the terms and conditions set forth herein. These terms and conditions constitute a legal agreement between you and Verdesian. By accessing and using this website, you accept and agree to be bound by the terms and conditions of this Agreement. Verdesian may, at its sole discretion, amend, modify, or revise the terms and conditions of this Agreement, without notice. It is your responsibility to review this Agreement periodically. All amendments automatically go into effect the day after they are posted on this website, and your access of the website thereafter constitutes your agreement to all such amendments. When using the website, you are subject to any additional posted guidelines and rules, which are hereby incorporated by reference into this Agreement.

If you do not agree to any of these Terms, please immediately discontinue your access and use of this website.

INDEMNITY

You agree to defend, indemnify, and hold harmless Verdesian, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this website or your breach of this Agreement. Verdesian shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding (unless such claim, suit, or proceeding arises from a breach of this Agreement).

PRIVACY

Verdesian respects the privacy rights of its customers and those working with its customers. Any information collected from you may be stored electronically or manually. Verdesian may also automatically receive and record information from your computer and browser, including your IP address, cookie information, software and hardware attributes, and the page you request. The information we collect from our customers helps us improve our products and services and continually improve the information and services offered on this website, links, and attachments. We will at times share this information with third party companies, who assist us in providing the services. If you do not wish for us to use your information in this way then please cease using the website, opt out of Verdesian communications, and/or contact Verdesian directly to confirm the discontinued use of your information.

COOKIES

A cookie is a small text file written to your hard drive that contains information about you, such as the information viewed. Once you close your browser, the cookie simply terminates. We use cookies so that we can personalize your experience of the website. If you set up your browser to reject the cookie, you may still use the website. For further information on cookies and on how to prevent them from being stored on your computer please go to www.allaboutcookies.org.

COPYRIGHT

All content included on this site, or linked to or attached to this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Verdesian or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Verdesian and protected by United States and international copyright laws. All software used on this site is the property of Verdesian or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

AVAIL, NUTRISPHERE-N, MORE THAN MANURE, PRESIDE CL, PRIMO, NUTRI-PHITE PLUS, PRIMACY ALPHA and TAKE OFF, and other marks used on this website are registered or common law trademarks of Verdesian. These trademarks may not be used in connection with any product or service that is not endorsed, approved, and authorized by Verdesian. All other trademarks not owned by Verdesian that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Verdesian. You shall not remove any Verdesian trademarks or other information on products provided to you by Verdesian.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE AND ANY LINKS OR ATTACHMENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHILST VERDESIAN USES REASONABLE ENDEAVORS TO ENSURE THAT THE DATA ON THE WEBSITE IS ACCURATE TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERDESIAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIAL, OR PRODUCTS INCLUDED ON OR LINKED TO THIS WEBSITE. SUCH INFORMATION MAY BE INACCURATE, INCOMPLETE, OR OUT OF DATE. WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE FAULT FREE AND DO NOT ACCEPT LIABILITY FOR ANY ERRORS OR OMISSIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. IT IS YOUR RESPONSIBILITY TO BE KNOWLEDGEABLE OF AND ABIDE BY ALL LAWS AND REGULATIONS REGULATING YOUR ACTIVITIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VERDESIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. VERDESIAN DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM VERDESIAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL VERDESIAN, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, INDIRECT AND CONSEQUENTIAL LOSSES, DAMAGES, LOST PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND ANY INFORMATION PROVIDED BY THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VERDESIAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES SAVE WHERE SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW.

VALIDITY

If a provision of this Agreement is held to be illegal, invalid, or unenforceable, this Agreement shall be construed or amended, if possible, to render or alter such illegal, invalid, or unenforceable provision so as to make it legal, valid, and enforceable in a manner conforming as closely as possible to the original intent and drafting of this Agreement.If it is not possible to amend or construe this Agreement so as to make such provision legal, valid, and enforceable, the provision shall be fully severable, and this Agreement shall be construed and enforced as if the illegal, invalid, or unenforceable provision had never been part of this Agreement.

WAIVER

If you breach any of the terms or conditions of this Agreement and we do not take any action or we delay in our action, then we will still be entitled to use our rights and remedies in any other situation where you breach the terms or conditions and such failure or delay shall not operate as a waiver of our rights or remedies.

APPLICABLE LAW

By using this website you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern the terms and conditions set forth herein and any dispute of any sort that might arise between you and Verdesian.

HOW TO CONTACT US

info@vlsci.com

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

You may notify Verdesian Life Science, LLC (“VLS”) of any claim of alleged copyright infringement in accordance with the requirements of the Digital Millennium Copyright Act of 1998 as provided in the DMCA, 17 U.S.C. § 512(c), and summarized below.

You must provide written notification of your claim to the following Designated Agent to Receive Notification of Claimed Infringement:

Name: Copyright Administrator
Address: 11550 Ash, Suite 220
Fax Number: 913.956.7599
Telephone Number: 913.956.7500
E-mail Address: communications@vlsci.com

To be effective, the notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit VLS to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written notification containing the required information as outlined in paragraphs 1-6 above, VLS will remove or disable access to the material that is alleged to be infringing and shall forward the written notification to the person or entity who posted the material at issue and take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

COUNTER NOTIFICATION

Any person who receives a notification of alleged copyright infringement and believes that the claim is erroneous can submit a counter notification to the aforementioned Designated Agent within thirty (30) days of the date the material was removed from the site.

To be effective, a counter notification must be a written communication that includes substantially the following:

  1. A physical or electronic signature of the person submitting the counter notification;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material or the owner of the rights to be removed or disabled; and
  4. The person’s name, address, and telephone number, and a statement that the he or she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the person’s address is outside of the United States, for any judicial district in which VSL may be found, and that the person will accept service of process from the complaining party or an agent of such person.

Upon receipt of a counter notification containing the information as outlined in paragraphs 1-4 above, VLS will promptly provide the complaining party with a copy of the Counter Notification and inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days.

VLS will replace the removed material or stop disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided that VLS’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity.