1. Information we collect
You can choose not to provide Personal Data to us. However, if you do not provide such information, you will not be able to contact us with questions via email or otherwise through the Site.
The term “Automatic Information” is information automatically collected by our web server (which may be hosted by a third-party) that your web browser makes available whenever you visit our Site, such as your computer’s IP address, browser type, operating system version, and information about the website that you visited before visiting the Site). The term “Automatic Information” includes “cookies” and “tags,” each of which the Site uses (as hereafter described). A cookie is a small text file that a website’s server places on a computer’s web browser. The cookie stores information which may be read by the website’s server about the browsing activities of the computer user on the Site. This includes information such as pages and content viewed, the time and duration of visits, and search queries entered into search engine. Cookies do not alter your hard drive in any way and cannot be used to access any personal information from your computer. Cookies are used as a standard practice by many sites. If you would prefer not to accept cookies from our Site or any other site, you can modify the setting on the web browser installed on your computer. Please refer to your browser’s online help feature or the user’s manual for instructions on how to do this. However, if you refuse to accept cookies from the Site, it is possible that some portions of the Site may not function as intended.
Automatic Information may be tied to your Personal Data after Personal Data has been submitted and, therefore, will be treated as Personal Data to the extent it may be tied to Personal Data.
The term “Information” as used herein means, collectively, Personal Data and Automatic Information.
The next sections explain how and when we process the Information collected from you.
2. Intended use of Information
Most of our services do not require any form of registration, allowing you to visit our site without telling us who you are. However, some services offered on the Site may require you to provide us with Personal Data. In these situations, if you choose to withhold any Personal Data requested by us, it may not be possible for you to gain access to certain parts of the Site and for us to respond to your query.
We may collect and use Personal Data for any business purpose, including, but not limited to, the following: to provide you with products or services, to respond to emails, to provide customer support; or to communicate with you for other purposes which are evident from the circumstances or about which we inform you when we collect Personal Data from you.
You provide Automatic Information to us merely by visiting the Site. We may collect and use Automatic Information to customize your Site experience, to generally help us learn about the usage of the Site, to help us run and maintain the Site, to study traffic patterns, to help us recognize visitors when they visit our Site again, to identify the website visitors visited immediately before visiting the Site, and other similar uses.
3. Non-disclosure of Information
We may disclose Information in special cases when we have reason to believe that disclosing the Information is necessary to identify, contact, or bring legal action against someone who may have breached our Terms and Conditions of Use or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Site, or anyone else who could be harmed by such activities. We may also disclose Information when we reasonably believe that the law requires it (in the US or abroad).
4. Right of access, correction and objection
5. Security and confidentiality
To ensure the security and confidentiality of Information that we collect online, we use data networks protected, inter alia, by industry standard firewall and password protection. We take measures reasonably designed to protect your Personal Data from loss, misuse, unauthorized access, disclosure, alteration or destruction. Unfortunately, information transmitted on the Internet and/or stored on systems attached to the Internet is not 100% secure. As a result, we do not ensure, warrant or guarantee the security or integrity of such information. We will not be responsible for disclosure of any Information due to errors in transmission or the unauthorized acts of third parties. You help to maintain the security of your Personal Data stored in our systems by keeping your username and password confidential and protecting against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
6. Personal information and children
The services available on this site are intended for persons 18 years of age and older. We will not knowingly collect, use or disclose Personal Data from a minor under the age of 18. We abide by laws designed to protect children.
7. Links to other sites
8. Choices available to you
9. Contact us
Site Use Terms
Last Updated Mar 23, 2016
Welcome to the VBIOGNOSTICS Web site. VBIOGNOSTICS provides this Web site (this “Site”), at its discretion, as a service to its customers. This Site provides users with access to extensive product information and documentation as well as online purchasing capabilities.
These Site Use Terms (“Terms”) set forth the terms and conditions under which you may use and access this Site. You represent and warrant that you possess the legal right and authority to agree to these Terms on your behalf. If you are accessing this Site on behalf of your employer or some other entity, then these Terms shall be binding upon you and your employer or such other entity, and, in such event, you further represent and warrant that you possess the legal right and ability to agree to these Terms on your behalf and on behalf of your employer or other entity. If you register to use this Site by submitting the Profile form on behalf of your employer or such other entity, then you shall be deemed to be accessing this Site on behalf of yourself and your employer or such other entity. As used in these Terms, the term “you” refers to you individually and, if applicable, your employer or such other entity on whose behalf you may access the Site.
VBIOGNOSTICS RESERVES THE RIGHT TO REVISE THESE TERMS AT ANYTIME. WHEN WE DO, WE WILL ALSO REVISE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS. The most current version of the Terms can be reviewed by clicking on the “Site Use Terms” hypertext link located at the bottom of our Web pages. YOUR CONTINUED USE OF THE SITE AFTER WE POST ANY REVISED TERMS CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS.
Registration. Access to online purchasing capabilities (the “Service”) is available only to businesses and their authorized employees, agents and/or contractors who register with VBIOGNOSTICS by submitting an Profile Form and is limited to those users who are authorized to form legally binding contracts under applicable law on behalf of the businesses or organizations they represent.
Member Account, Password and Security. You represent that all information provided to VBIOGNOSTICS through the Profile Form or otherwise is accurate and that you are the individual identified in such information. In the event any such information changes after it is provided to VBIOGNOSTICS, you agree to update your Profile online the next time you access the Site. You agree (a) to maintain the confidentiality of your username and password, and (b) that you are fully responsible for any and all activities that occur under your username. You further agree to (i) immediately notify VBIOGNOSTICS of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Without limiting any other provisions of these Terms, VBIOGNOSTICS will not be liable for any loss or damage arising from your failure to comply with this Section 2, and you agree that VBIOGNOSTICS will not be liable for any loss that you may incur as a result of someone else using your username, either with or without your knowledge. You agree not to use anyone else’s username at any time.
Changes to Site. VBIOGNOSTICS may modify, suspend, discontinue or restrict the use of all or any portion of the Site at any time for any reason and without notice or liability. Without limiting the foregoing, VBIOGNOSTICS reserves the right, with or without notice to you, to change any of the services offered on the Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, vendors and/or other services.
Limited Use. Subject to these Terms, you are authorized to access and use the Site (a) for the purposes of education and related research, and for background information, and (b) at the sole discretion of VBIOGNOSTICS. VBIOGNOSTICS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE OR SUSPEND YOUR ACCESS TO, AND/OR USE OF, THE SITE, OR ANY PORTION THEREOF, AT ANY TIME, WITH OR WITHOUT NOTICE AND FOR ANY REASON (OR NO REASON), AND YOU AGREE THAT IN THE EVENT YOUR AUTHORIZATION TO ACCESS THE SITE IS TERMINATED, YOU WILL NOT THEREAFTER ACCESS, OR ATTEMPT TO ACCESS THE SITE, DIRECTLY OR INDIRECTLY, AND IF YOUR AUTHORIZATION TO ACCESS THE SITE IS SUSPENDED, YOU WILL NOT THEREAFTER ACCESS, OR ATTEMPT TO ACCESS, THE SITE, DIRECTLY OR INDIRECTLY, UNTIL YOUR SUSPENSION IS REMOVED AND VBIOGNOSTICS GIVES YOU EXPRESS NOTICE THEREOF. For further clarity, you are responsible for providing all communication lines, telephone/transmission services and all equipment and technology necessary for you to access and use the Site.
Integrity of Site and Restrictions. The Site may contain a robot.txt file (or other similar files) which, among other things, instruct certain software programs (such as robots and Web crawlers) which portions of the Site, if any, such programs may access. The authorizations in such robot.txt file are limited to bona fide publicly available search engines and are not applicable to any other party. Subject to the foregoing, you agree not to access or use the Site in any manner that is prohibited by these Terms, the robot.txt file (or any other similar file) contained on the Site, or is otherwise unlawful. Subject to the foregoing and without limiting the generality thereof, you agree that you will access and use the Site solely by manual request and not programmatically by macro, robot, or other automated means, and that you will not, directly or indirectly, (a) modify, copy, distribute (including via electronic mail), transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, data, products or services obtained from the Site unless expressly authorized by these Terms or by VBIOGNOSTICS in writing, (b) access or use the Site through, or in connection with, any software product other than the customary Web browsers (such as Microsoft Internet Explorer and Netscape Navigator), (c) use any software tools, procedures or instructions (other than customary Web browsers), automatic devices or automated processes, or manual process to monitor or access data or content provided through the Site, (d) otherwise “meta-search” the Site, or send, or cause to be sent, any automated queries of any sort to the Site, (e) use any device, hardware or software to bypass any security system on the Site, (f) disrupt or attempt to disrupt the proper or usual working of the Site, (g) use the Site in any manner that could damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with any other person’s use and enjoyment of the Site, (h) take any action that may cause, or that actually causes, an unreasonable or disproportionately large load on VBIOGNOSTICS computers, network or other resources, (i) distribute any software or instructions that could be used to breach any of these the Terms, (j) attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site or otherwise operated by VBIOGNOSTICS through hacking, password mining or any other means, (k) access, or attempt to access, information other than the information VBIOGNOSTICS intends to make available to you, and/or (l) alter or remove any trademark, copyright and/or any other notice contained in any information obtained from the Site.
(a) Disclaimer of Warranties. VBIOGNOSTICS does not guarantee continuous, uninterrupted or secure access to the Site (including, without limitation, the Service), and operation of the Site may be interfered with by numerous factors outside of our reasonable control. ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT THE YOUR OWN DISCRETION AND RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR USE OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VBIOGNOSTICS OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR THROUGH OR FROM THE WEB SITE OR THE SERVICE, SHALL CREATE ANY WARRANTY. VBIOGNOSTICS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, SECURITY, SUITABILITY, REASONABLE CARE, TIMELINESS, AVAILABILITY, TRUTHFULNESS, OR COMPLETENESS OF THE DATA, INFORMATION, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, OR OTHER MATERIALS) ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND NEITHER VBIOGNOSTICS NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE (A) MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DATA, INFORMATION, OR OTHER MATERIALS), OR (B) REPRESENT OR ENDORSE THE ACCURACY, QUALITY, SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, AND/OR TRUTHFULNESS OF ANY DATA, INFORMATION (INCLUDING OPINIONS, ADVICE OR GRAPHICS), OR OTHER MATERIALS DISPLAYED OR DISTRIBUTED IN ANY MANNER ON THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH DATA, INFORMATION (INCLUDING OPINIONS, ADVICE OR GRAPHICS), OR OTHER MATERIALS SHALL BE AT YOUR OWN RISK. VBIOGNOSTICS, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT VBIOGNOSTICS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, OR OTHER MATERIALS). FURTHERMORE, VBIOGNOSTICS, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, AND/OR OTHER MATERIALS).
Limitation of Liability and Sole Remedy. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL VBIOGNOSTICS, ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS), THE LOSS OF ANY DATA, ANY INFORMATION, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THE SITE, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF VBIOGNOSTICS, ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENT’S VBIOGNOSTICS, ITS SUPPLIERS’, CONTENT PROVIDERS’, AFFILIATES’, LICENSORS’, EMPLOYEES’, AGENTS’ AND THE LIKE’S MAXIMUM TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, OR OTHER MATERIALS) HEREUNDER SHALL NOT EXCEED ONE HUNDRED ($100.00) IN THE AGGREGATE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, OR OTHER MATERIALS), OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THESE LIMITATIONS APPLY AMONG OTHER THINGS TO ANY THIRD-PARTY CLAIMS AGAINST VBIOGNOSTICS. The provisions of this Section 9 and Section 8 above represent a reasonable allocation of the risks under these Terms. VBIOGNOSTICS willingness to allow you to access and use the Site reflects this allocation of risk and the limitations of liability specified herein.
Linking to the Site. Except for educational purposes, you agree not to link to the Site, or to cause any Web site that you operate or otherwise control, to link to the Site, in each instance without first obtaining the express permission from VBIOGNOSTICS to do so. You agree that if you do receive such permission, that (a) you will link only in accordance with the terms and conditions of such permission, (b) VBIOGNOSTICS may revoke such permission at anytime and for any reason, (c) after any such revocation, you will not thereafter link to the Site, or cause any Web site that you operate or otherwise control, to link to the Site, and (d) VBIOGNOSTICS has no obligation to notify you if any of the portions of the Site that you are linking to change or move to a different location.
Third Party Content. The Site may contain hyperlinks to other Web sites and Internet resources operated by parties other than VBIOGNOSTICS (“Linked Sites”). Links to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by VBIOGNOSTICS or any of its subsidiaries or affiliates of any third party resources or their contents. VBIOGNOSTICS has no control over any Linked Sites. Any such hyperlinks are provided for your reference only and are included on an “as is” basis. You acknowledge and agree that VBIOGNOSTICS is not responsible for the availability of Linked Sites and does not endorse and is not responsible or liable for any content, advertising, products, privacy policies, or other materials on or available from such Linked Sites. You further acknowledge and agree that VBIOGNOSTICS 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 use of or reliance on any such content, goods or services available on or through any such Linked Site. When you visit a Linked Site, you will no longer be protected by VBIOGNOSTICS privacy statement or security practices. The data collection, use and protection practices of the Linked Site may differ from the practices of VBIOGNOSTICS. You are responsible for viewing and abiding by the privacy statements and Terms posted at the Linked Sites.
Indemnification. You agree to indemnify and hold VBIOGNOSTICS, its parents, subsidiaries, and affiliates, suppliers and content providers and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, judgments, demands, and fees and expenses (including, without limitation, reasonable attorney’s fees) asserted by any third party due to or arising out of (a) your breach of these Terms (including without limitation, any breach of any of your representations, warranties and covenants contained herein), (b) your access to, use of, or conduct on the Site or use of the Service (including, without limitation, any information, products, or other materials), and/or (c) the violation of any rights of another resulting from or relating to your use of the Site or the Service.
Web Site Intellectual Property. All materials contained on the Site are protected by copyright, and are owned or controlled by VBIOGNOSTICS, VBIOGNOSTICS suppliers, content providers or manufacturers or other authorized suppliers of products offered for sale on the Site, or other third parties. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The content of the Site is available for your use in making purchasing decisions with regard to products offered for educational and related research purposes and for background information on products on the Site. You agree to comply with any restrictions contained in any content on the Site. Subject to those restrictions, (a) you may print one (1) copy of any page displayed on the Site (but for educational purposes you may print a reasonable number of copies of any page on the Site), and (b) you may download documents that are made available to you on the Site in the Adobe PDF form, in each instance for your use in making purchasing decisions with regard to products offered for sale on the Site, for administering orders placed on the Site, for educational and related research purposes and/or for background information on products offered for sale on the Site and provided that you maintain all copyright and other notices contained thereon. Copying, storing, or downloading of any content, for purposes other than for your use in making purchasing decisions with regard to products offered for sale on the Site, for administering orders placed on the Site, for educational and related research purposes and/or for background information on products offered for sale on the Site is prohibited without the prior written permission from VBIOGNOSTICS or the copyright holder identified in the individual content copyright notice. In no event may you redistribute any content made available to you through the Site without the prior written permission from VBIOGNOSTICS or the copyright holder identified in the individual content copyright notice. By submitting content to the Site, (a) you grant VBIOGNOSTICS and its affiliates and licensees a nonexclusive, perpetual, worldwide and irrevocable license to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form for any purpose, and (b) represent and warrant that you own or otherwise control all of the rights to the content and that exercise of the foregoing rights granted to VBIOGNOSTICS its affiliates and/or licensees with respect to the content will not infringe or violate the rights of any third party.
Intellectual Property Notices. All contents of the Site are: Copyright © 2002–2016 VBIOGNOSTICS and/or its suppliers and licensors, 16935 W. Bernardo Dr. #234, San Diego, California 92127, U.S.A. All rights reserved. Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by VBIOGNOSTICS. VBIOGNOSTICS products and services referenced in the Site may be trademarks or service marks of VBIOGNOSTICS in the United States and/or other countries. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Trademarks and service marks designated with the symbol “®” are registered with the U.S. Patent and Trademark Office, and may also be registered with numerous foreign countries.
General. These Terms contain the full understanding of the parties with respect to your use and access of the Site and supersede all prior agreements and understandings, both written and oral, with respect to such use and access of the Site; provided, however, that there may be additional written terms and conditions that govern your use of specific areas of the Site and/or your submission of materials to VBIOGNOSTICS through certain portions of the Site. Such additional terms and conditions, if any, will be specified in the Site. Subject to the foregoing, there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever regarding your use and/or access to the Site. If any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the parties’ original intentions, and the remainder of these Terms shall remain in full force and effect. A printed version of these Terms and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings of articles and sections in these Terms are for the convenience of the parties only. Accordingly, they shall not constitute a part of these Terms when interpreting or enforcing these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VBIOGNOSTICS as a result of these Terms or access and/or use of the Site. The failure of VBIOGNOSTICS to insist upon or enforce strict performance by you of any provision of these Terms shall not be construed as a waiver of any provision or right. The Site and these Terms are governed by the laws of the State of Missouri, USA, except for its conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the United States District Court for the Eastern District of Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the Circuit Court for the County of St. Louis, Missouri, over any action or proceeding arising out of or relating to these Terms or the Site, and you hereby waive all rights you may have or which may hereafter arise to contest such jurisdiction. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this Section 14. VBIOGNOSTICS may provide notice to you relating to the Site and/or these Terms by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.
B. Limitations on Use. User may not use the API Services for any service bureau, time sharing or other similar purposes. User shall not: (i) reverse-engineer, decrypt, decipher, decompile, disassemble, re-purpose, or create derivative works from the API Services or any software, information or materials provided as part of or through the API Services (or any portion thereof); or (ii) use the API Services or any software, information or materials provided as part of or through the API Services (or any portion thereof) in violation of any applicable laws or regulations, or of any agreement or third party rights. Users may not use any robot, spider, other automatic software or device, or manual process to monitor in any way the API Services or any portion thereof without the express prior written consent of VBIOGNOSTICS and its licensors. User shall have no right to license or sublicense, distribute, deliver or otherwise provide to a third party the API Services, or any software, information or materials provided as part of or through the API Services (or any portion thereof), and any attempt to do so shall immediately and automatically void and terminate any right for User to access and use the API Services. Any unauthorized use of the API Services is prohibited.
Format of Notice
If you believe that your work has been infringed or that your intellectual property rights have been otherwise violated, you should provide VBIOGNOSTICS Agent for Notice with a notice that contains the following information:
(a) identification and a description of the material that you believe has been infringed;
(b) identification and a description of the material that you claim is infringing the material identified under item 1 above (including, without limitation, the URL of the web page(s) that contain the allegedly infringing material);
(c) your address, telephone number, and email address;
(d) the statement: “I have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law”;
(e) the statement: “I swear, under penalty of perjury, that the above information in this notice is accurate and that I am the owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed”; and
(f) your physical or electronic signature.
The form of notice described above is consistent with the form suggested by the United States Digital Millennium Copyright Act (“DMCA”), but this form should also be used for notices from outside the U.S. Please note that under U.S. copyright law, you may be subject to liability if you materially misrepresent that a posting, product or activity infringes your copyright.
Agent for Notice
VBIOGNOSTICS Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Please use our contact form, thank you.
16935 W. Bernardo Dr. #234
San Diego, CA 92127
Attn: General Counsel
Regardless of whether VBIOGNOSTICS may have any liability for infringement that is alleged in a notice as described above, our response to notices of infringement may include deleting or disabling access to the allegedly infringing material and/or suspending or terminating the accounts of infringing users. We may also document notices of alleged infringement on which we act.
The provider of any material that is removed following a notice of alleged infringement may make a counter notification pursuant to the DMCA. When we receive a DMCA-compliant counter notification, we may reinstate the material in question.
I. Disclaimer of Warranties. The API Services are provided on an “as is, as available and with all faults” basis. VBIOGNOSTICS and its licensors make no warranty, guarantee or representation to User or to any third party with respect to the API Services, and expressly disclaim all warranties, whether express, implied or statutory, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or noninfringement. Without limiting the foregoing, VBIOGNOSTICS and its licensors make no warranty, guarantee or representation (i) with respect to any data, content or other materials accessed by User through the API Services, (ii) that provision of the API Services or any materials accessed through the API Services shall be timely, uninterrupted, accurate, error-free or free of viruses or other harmful components, (iii) that the API Services will meet User’s or any third party’s requirements or expectations, or (iv) that the API Services will be impervious to any delays or other problems arising from use of the Internet.