Terms, Conditions & Privacy

vtbio, LLC Terms & Conditions Agreement

 

1.0 Version:

Terms of Service Agreement Version 1.0

 

1.1 Effective Date:

May 25, 2021

 

1.2 Overview

The following describes the terms on which vtbio, LLC (“vtbio” or “the Company”) offers you access to our websites, applications, and other online sales platforms.

 

This Agreement may be updated at any time.  The current Agreement version will be noted at the top of this page.  Prior versions can be accessed by selecting the following link(s):  

 

There are currently no prior versions of the vtbio Terms of Service Agreement

 

vtbio provides product sales to users via the following platform(s)- vtbio.net, vtbiologics.com, vermontbiologics.com, and other third party sales platforms. (collectively, “the Platform”).

 

It is your responsibility to review the current Terms & Conditions Agreement.  Should the Agreement be changed or modified, it will be noted under 1.0 Version: at the top of this page.  By accessing the Platform, you agree to be bound by this Agreement, and agree to any updates or changes made to this Agreement.  The current Agreement version supersedes all prior Agreement versions and comprises the entire Agreement between you and vtbio with regard to the use of the Platform.  Should you disagree with any part or all of this Agreement, you should not access or use the Platform.

 

2.0 The Platform

vtbio provides its users with the Platform to facilitate sales of vtbio products.

 

You agree to comply with all applicable laws, ordinances, statutes and regulations, both domestic and international, with regard to your use of the Platform, or any products you may purchase via the Platform. In addition, you agree to comply with all applicable laws, ordinances, statutes and regulations pertaining to the transmission of electronic and/or technical data either exported or imported from or to the United States or the country in which you reside, or the country from which you are accessing the platform.

 

3.0 Accounts

Account creation is optional and open to all Individuals who are at least 18 years of age.  Creating an account will optimize the purchase process, allow the ability to establish subscription services, track purchases, and qualify for certain purchase benefits, discounts, and give-aways.   

 

vtbio reserves the right to revoke account registration and bar any Individual, Group or Business from accessing or using the Platform at any time and at the sole discretion of the Company.

 

By creating an account, you agree with vtbio that you will abide by all local and federal laws in the United States, the country in which you reside, or the country from which you are accessing the platform with regard to your use of the Platform, or any purchases made via the Platform.   

 

Password security is your responsibility.  You agree to maintain the confidentiality of your password and are fully responsible for all liability and/or damages that result from your failure to maintain that confidentiality.  vtbio will not be liable for any loss or damage arising from your failure to maintain password confidentiality.  Should your password become compromised and/or any other person utilizes your account without your express consent, it is your responsibility to immediately contact vtbio.

 

4.0 Fees and Other Costs

Access to the Platform is free for all users over the age of 18.  

 

5.0 Your Information and Privacy

Your information includes all detail that you provide during the account registration process, any publicly accessible electronic detail as a result of platform access, and all information that you may submit when purchasing products via the Platform.

 

Your information is divided into:

 

  1. 1.     Private information- information that you provide to vtbio during the registration process that can be directly associated with you as an Individual, Group or Business and includes the following:

 

  1. a.     Your telephone number (optional)
  2. b.     Your first and last name
  3. c.     Your email address (user name)
  4. d.     Your password
  5. e.     Your address
  6. f.      Your billing information

 

  1. 2.     Public information- information that is publicly accessible by using the Platform including:

 

  1. a.     IP address
  2. b.     Other public info that may follow you to the Platform

 

You are responsible for Your Information.  vtbio maintains no liability for any loss or damage arising from breach or theft of Your Information.  

 

By creating an account with vtbio, you grant vtbio the right to use Your Information to optimize the purchase process, provide you with order history, offer incentives and/or product discounts, or offer other benefits.

 

Your Private Information is secure and will never be shared to any other entity outside of the company in a manner that would in any way allow a third-party to associate any specific detail to any specific user.  vtbio reserves the right to share aggregate, individually unidentifiable Information as a part of its efforts to continuously improve, establish marketing initiatives, and otherwise optimize its product sales and brand exposure.  vtbio WILL NEVER SELL YOUR INFORMATION.    

 

By creating an account with vtbio, you warrant that:

 

  1. 1.     Your Information shall not be fraudulent and is deemed by You to be honest and correct.
  2. 2.     Your Information does not and will not violate any law, statute or regulation in the United States, the country in which you reside, or the country from which you are accessing the Platform.
  3. 3.     Your Information does not and will not infringe upon any other person’s or entity’s copyright, trademark, patent, trade secret, or any other proprietary right.
  4. 4.     Your Information does not and will not infringe upon any other person’s right to privacy.
  5. 5.     Your Information does not and will not infringe upon, use, or otherwise impinge upon any other person’s personal identity.
  6. 6.     Your Information does not and will not contain any viruses or other malicious software, code, or programming protocols or links that could directly or indirectly damage the Platform or cause harm to any other system, data or Personal Information.
  7. 7.     Your Information does not and will not create a liability for vtbio, its partners, business associates, employees, suppliers, vendors or others associated either directly or indirectly with the Company.
  8. 8.     Your Information does not and will not create a liability for the Platform or any direct or indirectly related partners, business associates, suppliers, vendors or others associated with the Platform.

 

5.1 Submissions

You hereby grant to vtbio and our affiliates a license-free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content, remarks, suggestions, ideas, graphics, or other information you communicate to us through this site (together, the “Submission”) throughout the world in any media, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You represent and warrant that you own or control all of the rights to your Submissions. We will not be required to treat any Submission as confidential, and may use any Submission in our business (including, but not limited to, for products or advertising) without incurring any liability for royalties or any other compensation of any kind, and we will not incur any liability as a result of any similarities that may appear in our future operations. We will treat any personal information that you submit through this site in accordance with our Privacy Policy as set forth in Section .

 

6.0 Use of Platform

The Platform is free to access.  By accessing the Platform, you agree to be bound by this Agreement.

 

6.1 Interference with the Platform

Interference with the Platform will not be tolerated.  vtbio reserves the right to prosecute any violations of the interference policy with any remedies offered by local, state, national or international law.

 

You agree that you will not:

 

  1. 1.     Upload, post, email, text or otherwise transmit any computer protocols, viruses, malicious code, files, programs or any other form of electronic or analog protocols designed with the intent to access, share, disrupt, destroy, or otherwise limit the functionality of the Platform, including underlying software, hardware, application code or ancillary connected device (including but not limited to computers, tablets, televisions, video monitors, telephones, smartphones, wearable technology, switches, telecommunications equipment, networks or any other directly or indirectly connected hardware/software system)
  2. 2.     Interfere with or disrupt the Platform or networks connected to the Platform, or violate any terms or policies of networks connected to the Platform.
  3. 3.     Perform any action that contributes to an unreasonable or excessively large data load on the Platform or networks connected to the Platform.
  4. 4.     Violate any copyright or intellectual property rights with regard to the Platform by displaying, copying or posting in any way for public display any Information from the Platform that is not Your Information unless You receive explicit authorization from vtbio.

 

6.2 Privacy

Your Private Information is secure and will never be shared to any other entity outside of the company in a manner that would in any way allow a third-party to associate any specific detail to any specific user.  vtbio reserves the right to share aggregate, individually unidentifiable Information as a part of its efforts to continuously improve, establish marketing initiatives, and otherwise optimize its product sales and brand exposure.  vtbio WILL NEVER SELL YOUR INFORMATION.    

 

6.3 Indemnity

You agree to indemnify and hold harmless vtbio, its employees, shareholders, agents, affiliates, subsidiaries and any other third-party partners from any claim(s) or demand(s), including reasonable attorney’s fees, made by any third party arising out of your breach of any representations or warranties, this Agreement or any documents incorporated by reference, the use of the Platform, Your Information, your violation of any law, statute, ordinance or regulation, the rights of any third party, or your interaction with any registered or non-registered user.

 

6.4 Warranties

Your use of the Platform is at Your sole risk.  The Platform is provided to you on an “as is” and “as available” basis with no warranty either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular reason, cause or any particular action whether implied or stated by vtbio or any registered or non-registered users.  We disclaim any warranties with regard to the security, reliability, timeliness and performance of the Platform.  We disclaim any warranties for any information, advice, guidance or any other interaction with registered or non-registered users.  We disclaim any warranties for any goods or services either sourced via the Platform or offered through any interaction with any registered or non-registered user.  We disclaim any warranties with regard to any and all third party interactions arising from the use of the Platform, including damages to your computer systems, data, software platforms, hardware platforms, smart phones, or any other device used to connect to the Platform.

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

 

6.5 Dispute Resolution

Any dispute, claim, controversy or misunderstanding arising out of your use of the Platform, any purchases made via the Platform, your interaction with any registered or non-registered user, or your interaction with the Company, its employees, shareholders, agents, affiliates, subsidiaries and any other third-party partners shall consecutively follow two steps towards resolution:

 

  1. 1.     Negotiation- The parties agree to negotiate their respective positions informally and without interaction of any third party.
  2. 2.     Mediation/Arbitration- The parties agree to enter into a mediation or arbitration agreement with a competent mediator/arbitrator agreed to by both parties.  Any cost incurred as a result of mediation/arbitration will be shared by both parties equally.  

 

By accessing the Platform, you agree to be bound by the resolution, as it is determined in either 1. or 2. above.  Further, you agree to waive your rights to have your matter litigated in any court or jury trial.  If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate by a federal or state court under federal or state law in the United States or comparable judicial court in venues outside of the United States.  The provisions of section 6.5 may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party against whom the enforcement is ordered.

 

vtbio may, at its sole discretion, attempt to resolve disputes that arise out of the use of the Platform by and/or between any registered or non-registered user.  vtbio has no obligation to resolve disputes, and to the extent that it may offer assistance in dispute resolution, it will be done in good faith based on the general rules and standards of the Platform and for the benefit of the user community.  The Company will not offer or provide any legal advice and will not make judgments on any legal issues or claims.

 

6.6 Modifications to this Agreement or the Platform

vtbio reserves the right to modify this Agreement at any time.  Revisions to the Agreement will be noted at the top of this page.  The current Agreement version will be noted at the top of this page.    

 

vtbio reserves the right to modify discontinue or otherwise change the platform or any portion of the Platform at any time with or without notice.  You agree that we will not be liable to you or any third-party as a result of any modification, discontinuance or other change to the Platform or any portion of the Platform.

 

6.7 Termination of Your Registered User account

You agree that vtbio may, at its sole discretion, terminate, suspend or otherwise remove your registered account for any reason including:

 

  1. 1.     Lack of use.
  2. 2.     Breach of this Agreement.
  3. 3.     Misrepresentation of Your Information.
  4. 4.     Violations, or perceived violations of this Agreement that may cause legal liability for you, or other registered and non-registered users.

 

You agree that any termination, suspension or removal of your registered account, may be affected without prior notice.  You further agree that vtbio will not be held liable to you or any third-party for any termination, suspension or removal of your registered account.

 

6.8 Trademarks, Copyrights and Proprietary Rights

All trademarks, service marks, logos, product and service names and copyrighted text displayed on the Platform are the intellectual property of vtbio.  Except as permitted by law, you agree not to use or display vtbio intellectual property without the prior written consent of vtbio.

 

6.9 Trademarks, Copyrights and Proprietary Rights of Others

You agree that you will not display or use in any way the intellectual property of others that you have no specific right to display or use through your use of the Platform or your interaction with anyone outside of the Platform where the interaction was sourced or posted or discovered through your use of the Platform. vtbio respects the intellectual property rights of others and reserves the right to remove, in whole or in part, or limit access to any information or material that is posted or displayed on the Platform that may infringe upon the intellectual property rights of others.

 

7.0 Third Party Provider

Vtbio has partnered with Square to perform payment services, i.e. card acceptance, merchant settlement, and related services.  By purchasing any product via the vtbio Platform, you agree to be bound by Square’s Privacy Policy (https://squareup.com/us/en/legal/general/privacy-no-account), and hereby consent and authorize the Company and Square to share any information and payment instructions you provide with the Third Party Provider to the minimum extent required to complete your transactions.

 

7.0 No Resale 

You agree not to reproduce, copy, sell, resell or exploit for any commercial purpose or any consideration, whether monetary or otherwise, any portion of the Platform, the use of the Platform, or any products purchased via the Platform. 

 

7.1 Notices

All notices to vtbio shall be given at:

            vtbio, LLC

            7009 Churchill Rd.

            McLean, VA  22101

 

Or via email to:

            [email protected]

 

8.0 Entire Agreement

This Agreement represents the entire agreement between You and vtbio and supersedes any prior agreements, if any, between You and vtbio. Any information You provide to vtbio, whether voluntarily or under any other agreement shall be governed by this Agreement.

 

9.0 No Agency or Partnership

No agency, partnership, joint venture, employee-employer or franchise-franchisee relationship is created or intended by this Agreement.

 

10.0 Governing Law

Unless expressly provided under any other terms of this Agreement, You agree that the relationship between you and vtbio shall be governed by the laws of the state of Virginia without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and performed entirely within Virginia between residents of Virginia.  You and vtbio agree to submit to the personal and exclusive jurisdiction of courts located within the state of Virginia.

 

11.0 Assignment

You agree that this Agreement, including all rights granted herein and all incorporated agreements may be automatically assigned by vtbio, at its sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all, or substantially all of vtbio’s assets, including the Platform, or any other similar transaction.

 

12.0 No Guaranty

We do not guarantee continuous, uninterrupted or secure access to the Platform. We do not guarantee continuous, uninterrupted or secure access with regard to the operation of the Platform. We do not guarantee continuous, uninterrupted or secure access via the specific devices or networks with which you connect to the Platform.   Access to the Platform, operation of the Platform and access via external devices and networks to the Platform may be interfered with by numerous factors outside of the control of vtbio.  

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

 

13.0 No Waiver

vtbio’s failure to enforce any provision of this Agreement shall not constitute a waiver of such right or provision and does not waive the right of enforcement to subsequent or similar breaches. 

 

14.0 Severance

If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, You and vtbio agree that the court should endeavor to understand the parties’ intentions with regard to the affected provision, and that the other provisions of this Agreement will remain in full force and effect.

 

15.0 Limitation

You and vtbio agree that any claim or cause of action arising out of or related to the use of the Platform or this Agreement must be addressed within one (1) year after the claim or cause of action arose or the claim or cause of action will be forever barred.

 

 

Vtbio, LLC

7009 Churchill Rd

McLean, VA  22101

 

912.308.3462

 

[email protected]