Copyright
The content, organization, collection, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by any party of any such content or any part of the Site is strictly prohibited without the express written consent of VRC Medical Services.
Editing, Deleting, and Modification
We reserve the right, at our sole discretion, to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published on the Service, we may modify this Agreement, pricing, and may discontinue or revise any or all aspects of the Site without prior notice. Modification of this Agreement will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
Right to Refuse
We reserve the right, at our sole discretion, to refuse service at any time. The sale of any goods or services is subject to availability.
Indemnification
You agree to indemnify, defend, and hold harmless VRC Medical Services and its affiliates, licensors, and suppliers from any liability, loss, claim, and expense (including reasonable attorneys’ fees) related to your violation of this Agreement or use of the Site.
Non-Transferable
Your right to use the Service is not transferable and is subject to any limits established by us or by your credit card company.
Disclaimer
AS A MATERIAL PART OF THE CONSIDERATION PAID BY RESELLER FOR THE COMPANY SERVICES PROVIDED BY VRC MEDICAL SERVICES, RESELLER ON ITS OWN BEHALF AND ON BEHALF OF THE SUBSCRIBERS, AGREES THAT VRC MEDICAL SERVICES SHALL IN NO EVENT BE LIABLE FOR AND RESELLER HEREBY WAIVES ITS RIGHT AND THE RIGHT TO CLAIM ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS), DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN.
Use of Information
We reserve the right, and you authorize us, to use and assign all information regarding your use of the Site and all information provided by you, subject to applicable law.
Jurisdiction and Venue
All court proceedings for or against VRC Medical Services shall be held in the residing county of the company unless otherwise agreed upon by VRC Medical Services in writing prior to any engagement. This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of New Jersey, without regard to conflict of law principles. Any cause of action by you with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the residing county of VRC Medical Services in New Jersey, and you expressly submit to the jurisdiction of said courts and consent to extra-territorial service of process.
Miscellaneous
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as closely as possible to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of VRC Medical Services to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Limitations on Liability
In no event shall VRC MEDICAL SERVICES, affiliated companies, owners and workers be liabl and hold harmless to the other Parties for any indirect, incidental, special, consequential, punitive, or exemplary damages (including, but not limited to, damages based upon lost profits, business interruption, lost business, or lost savings) for any acts or failure to act under this Agreement, even if advised of the possibility of such damages. Notwithstanding the foregoing, there shall be no limitation on a Party’s liability for claims:
- arising out of a breach of its confidentiality obligations under this Agreement; or
- arising out of its indemnification obligations under this Agreement. Or ACT OF FRAUD COMMITTED BY ITS VENDOR SUPPLIERS.
