PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/23/2015.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others that may interact or interface with Vention Medical, also known as Vention, whose headquarters are located at 6 Century Road, North Plainfield, New Jersey, and our subsidiaries and affiliates, in association with the use of the Vention Medical website at www.ventionmedical.com (the "Site") and its Services, which are defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website described as follows:
Vention Medical's website provides information about the company's medical device and component design, development, manufacturing, and assembly. It also features an Online Store with thousands of stock items ready to ship within 24 hours.
All visitors to our site, regardless of whether they are registered users or not, shall be deemed "users" of the Services provided for the purpose of this TOS. Once an individual registers for our Services through the process of creating an account, the user shall then be considered a "registered user."
The user and/or registered user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Vention Medical. At its discretion, Vention may offer additional website Services and/or products, or update, modify, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, or revised Services unless otherwise stipulated. Vention Medical reserves the right to cancel and cease offering any of these Services and/or products. You, as the end user and/or registered user, acknowledge, accept, and agree that Vention Medical shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after the posting of any updates, changes, and/or modifications, shall constitute your acceptance of these updates, changes, and/or modifications, and you should frequently review this Agreement and any and all applicable terms and policies to ensure that you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised, or modified terms, you must stop using the provided Services.
Furthermore, the user and/or registered user understands, acknowledges, and agrees that the Services offered shall be provided "AS IS," and Vention Medical shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication, or personalization settings.
The registering party hereby acknowledges, understands, and agrees to:
- furnish factual, correct, current, and complete information about yourself as may be requested in the registration process, and
- maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, Vention Medical will have sufficient grounds and rights to suspend or terminate the registered user in violation of this aspect of the Agreement, and as such, refuse any and all current or future use of Vention Medical Services, or any portion thereof.
REGISTERED USER ACCOUNT, EMAIL ADDRESS, PASSWORD, AND SECURITY
You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Vention Medical immediately if you notice any unauthorized access to or use of your account or password, or any other breach of security. Vention Medical shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
All users and/or registered users agree to insure and hold Vention Medical, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, relating to the use of Vention Services, your connection with these Services, and/or your violations of the Terms of Service.
COMMERCIAL REUSE OF SERVICES
The registered user or user agrees not to replicate, duplicate, copy, trade, sell, resell, or exploit for any commercial reason any part, use of, or access to Vention's site.
Vention Medical shall reserve the right at any time it may deem fit, to modify, alter, and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of our Services, or any part thereof.
As a registered user of www.ventionmedical.com, you may cancel or terminate your account, associated email address, and/or access to our Services by submitting a cancellation or termination request to email@example.com.
As a registered user, you agree that Vention Medical may, without prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, any email address associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation, and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration, and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that you may owe in connection with your www.ventionmedical.com account Services.
Furthermore, you agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party regarding the termination of your account, associated email address, and/or access to any of our Services.
YOU ACKNOWLEDGE AND AGREE THAT:
- THE USE OF VENTION MEDICAL SERVICES IS SOLELY AT YOUR OWN RISK. OUR SERVICES SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. VENTION MEDICAL AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
- VENTION MEDICAL AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) VENTION MEDICAL SERVICES WILL MEET YOUR REQUIREMENTS; (ii) VENTION MEDICAL SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT RESULTS THAT MAY BE OBTAINED FROM THE USE OF VENTION MEDICAL SERVICES WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU MAY PURCHASE OR OBTAIN THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SERVICES SHALL BE CORRECTED.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT YOU MAY OBTAIN FROM VENTION MEDICAL OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT VENTION MEDICAL AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD-PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER THAT MAY BE RELATED TO OUR SERVICE.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS, WARRANTY DISCLAIMERS, AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You herein acknowledge, understand, and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.
Vention Medical may furnish you with notices, including those regarding changes to the TOS, including, but not limited to, via email, regular mail, MMS, SMS, text messaging, postings on our website, or other reasonable means currently known or any that may be developed in the future. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand, and agree that all Vention Medical trademarks, copyright, trade name, service marks, and other Vention Medical logos and any brand features and/or product and service names are trademarks, and shall remain the property of Vention Medical. You herein agree not to display and/or use in any manner the Vention Medical logo or marks.
This TOS constitutes the entire agreement between you and Vention Medical and shall govern the use of our Services, superseding any previous version of this TOS between you and us regarding Vention Medical Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Vention Medical Services.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Vention Medical regarding the TOS that the relationship between the parties shall be governed by the laws of the state of New Hampshire without regard to its conflict of law provisions, and that any and all claims, causes of action, and/or disputes, arising out of or relating to the TOS, or the relationship between you and Vention Medical, shall be filed within the courts having jurisdiction within the County of Rockingham, New Hampshire, or the US District Court located in New Hampshire. You and Vention Medical agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Vention Medical fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of, or related to the use of our Services or the TOS, must be filed within any applicable statutes of limitation after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Vention Medical:
Attn: Corporate Counsel
29 Northwestern Drive
Salem, New Hampshire 03079