Site Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using this website located at VirtualChineseMedicine.com ("Site"), you signify your Agreement to all terms, conditions and notices contained or referenced on the Site (hereinafter referred to as “Site Use Agreement”). If you do not agree with the terms and conditions of this Site Use Agreement, Private Member Association or any other provision herein, please do not use this Site or any of its services.
Virtual Chinese Medicine PMA reserves the right to, as determined in our sole discretion, update or revise any terms or conditions herein at anytime. Please check this Site Use Agreement periodically for changes.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer and all related points of electronic access to the Site or any information provided by Virtual Chinese Medicine PMA, L.L.C. You agree to accept full responsibility for any and all activities that occur under your account or password.
Virtual Chinese Medicine PMA sells goods and services to adults who can purchase with a credit card or by other similar means. If you are under 18 years of age, you may only use the Site only with involvement and consent of a duly authorized parent or guardian.
Virtual Chinese Medicine PMA further reserves the right to at any time refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Specific to the offering for sale, purchase, delivery and use of this Site, products or services, Virtual Chinese Medicine PMA does not employ or operate any office, sales room, sales agents, warehouses or other place of business other than those exclusively located within the State of Indiana, with respect to the sale or delivery of goods or services offered hereby. Neither does Virtual Chinese Medicine PMA allow or permit, the temporary or permanent employment or services of any agents, affiliates, affiliate partners or similar such third parties, either directly, or indirectly, in the sales of goods or services from any other state than that of Indiana.
At the time of any purchase of goods or services from Virtual Chinese Medicine PMA, you will immediately take all title, right and ownership the goods so acquired, and when so acquired, you hereby contemporaneously agree to contract delivery.
Virtual Chinese Medicine PMA does not hire or employ any kind of sales or delivery representative operating in any other state for the purpose of taking orders, making sales, deliveries, installing, assembling, repairing, maintaining, servicing, or deriving rentals, or selling, warehousing and delivering from a lease of tangible property sold, whether by employees, agents or representatives, in any state except Indiana.
Please review our Privacy Notice, which also governs your Site Use Agreement to further understand our practices.
When you visit and use the Site or send e-mail to us, you are communicating with us electronically without limitation, and as such, you hereby consent to receive communications from us electronically without limitation. We will communicate with you by any and all electronic means, including, but not limited to, e-mail, or by posting notices on this Site. You also hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or confidential, and that you hereby consent to receive any promotional, transactional or service related communications from us, without any limitation.
LICENSE AND SITE ACCESS
Use of the Site grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching), or to modify any portion of it, except with express written consent of Virtual Chinese Medicine PMA.
This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Virtual Chinese Medicine PMA.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site without our express written consent.
You may not use any Meta Data, Micro Data, Computer Code, or any other "hidden text" utilizing the Virtual Chinese Medicine PMA name or derivative names or marks, without the express written consent of Virtual Chinese Medicine PMA.
Any unauthorized Site Use terminates the permission or license granted by Virtual Chinese Medicine PMA, as well as any corresponding Private Member Association rights, benefits or accounts.
You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to Longevity Health Services, PMA, so long as the link does not portray Virtual Chinese Medicine PMA or its products or services in a false, misleading, critical, derogatory, or otherwise offensive matter.
You may not use any Virtual Chinese Medicine PMA logo or other proprietary graphic or trademark as part of any link, or otherwise, without our express written permission.
RESTRICTIONS ON USE OF MATERIALS
This Site is owned and operated by Virtual Chinese Medicine PMA (as otherwise referred to herein as "we," "us," or "our" herein). All information of any kind or nature, received, viewed or communicated in connection with the Site, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by Virtual Chinese Medicine PMA only.
No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of Virtual Chinese Medicine PMA copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited.
Except as otherwise indicated on this Site, and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to Virtual Chinese Medicine PMA.
In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you, as an authorized user, under this Site Use Agreement.
Virtual Chinese Medicine PMA reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. Virtual Chinese Medicine PMA retains full and complete title to the Software, and all intellectual property rights therein to you.
You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable form, without the exclusive written permission of Virtual Chinese Medicine PMA, as duly evidenced by the signature of an authorized corporate officer.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Site visitors may post reviews, comments and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Virtual Chinese Medicine PMA reserves the exclusive right to edit, modify or delete any such posting in its sole discretion.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Virtual Chinese Medicine PMA reserves the right (but not the obligation) to remove or edit any such content, as it does not regularly review such posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Virtual Chinese Medicine PMA and a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Further, you grant Virtual Chinese Medicine PMA the right to use the name that you submit in connection with such content, in perpetuity. You also hereby represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you hereby indemnify Virtual Chinese Medicine PMA for all claims resulting from content you post or supply.
Virtual Chinese Medicine PMA has the right, but not the obligation, to monitor and edit or remove any activity or content, and takes no responsibility or assumes any liability for any content posted by you or any third party.
Virtual Chinese Medicine PMA attempts to be as accurate as possible in creating product or services descriptions. However, Virtual Chinese Medicine PMA does not warrant such product or services descriptions, nor any other content of this Site as accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to discontinue use, or to return a product and its packaging in unused condition.
DISCLAIMER AND LIMITATION OF LIABILITY
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIRTUAL CHINESE MEDICINE PMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF USE FOR A PARTICULAR PURPOSE. VIRTUAL CHINESE MEDICINE PMA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIRTUAL CHINESE MEDICINE PMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, (NOT VIRTUAL CHINESE MEDICINE PMA), WILL ASSUME THE ENTIRE COST OF ANY AND ALL DISCOVERY ACTIVITIES AND RESULTING NECESSARY CORRECTIVE ACTIONS, IF ANY. APPLICABLE LAW MAY OR MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
In no event will Virtual Chinese Medicine PMA be held liable to any party, including your federal, state or local authorities, for any direct, indirect, special, incidental or consequential fees, taxes, penalties or damages resulting from any alleged losses or claims associated with the use of the Site, the purchase of goods or services, or for any textual information, images, data, files, software or materials found within the Site, including, without limitation, any lost revenues, penalties, taxes, profits, business interruption, loss of programs or other data, even if Virtual Chinese Medicine PMA is expressly advised of the possibility of such damages.
RISK OF LOSS
Any and all items purchased from Virtual Chinese Medicine PMA or related online venues are made pursuant to a third party shipment for the delivery of your items. This means that the risk of loss and title for such items pass to you upon our depositing your goods with your shipping carrier. To the extent you receive goods or services from Virtual Chinese Medicine PMA, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, Virtual Chinese Medicine PMA, in its sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, until such time all principal amounts and interest have been paid in full. Irrespective of any all affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from Virtual Chinese Medicine PMA, of whatever kind or nature.
COPYRIGHT AND TRADEMARK PROTECTION
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as "Site Content"), are the property of Virtual Chinese Medicine PMA, and is protected by United States and international copyright laws.
The compilation of all content on this Site is also the exclusive property of Virtual Chinese Medicine PMA which are protected by U.S. and international copyright laws.
In addition to the copyright protection rights afforded under Federal law, Virtual Chinese Medicine PMA together with its successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of the word mark, Virtual Chinese Medicine PMA.
This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of Virtual Chinese Medicine PMA, which shall not be used in any manner or form without the express written consent of a duly authorized officer of Virtual Chinese Medicine PMA.
PROHIBITED USES OF SITE
Persons, entities or agencies accessing or utilizing the Site in any way without consenting to this Site Use Agreement and its Private Membership Association is strictly prohibited. In addition to the foregoing, any decompiling of the intellectual property of Virtual Chinese Medicine PMA, as a result of use of the Site or it’s the Private Membership Association is prohibited.
Any persons or entities improperly utilizing this Site as set forth in this Agreement in any manner, shall, without limitation, indemnify and hold Longevity Health Services, PMA harmless for any and all losses or damages of whatever kind or nature, including actual attorney fees, damages, fees, fines and Court costs, resulting from any Prohibited Site Use of any information, photos, images, data, pages, goods or services obtained through the Use of the Virtual Chinese Medicine PMA website.
It is explicitly understood that Virtual Chinese Medicine PMA hereby reserves its right to seek and obtain immediate, temporary or permanent injunctive relief orders against any person or entity violating this Agreement through a Court of Competent jurisdiction so selected by Virtual Chinese Medicine PMA, without imposition of bond, at any time.
Virtual Chinese Medicine PMA further reserves it's right to seek any appropriate additional consequential damages sustained through (i) the prohibited Use of the Site, (ii) any alleged act or acts deemed to constitute tortuous business interference or disparagement, or, (iii) any other contractual breach deemed to in any way harm Virtual Chinese Medicine PMA’s ability to engage in commerce, or to sell or offer any goods or services.
Any dispute relating in any way to your visit to Virtual Chinese Medicine PMA, or from goods or services purchased through Virtual Chinese Medicine PMA, shall be submitted to confidential arbitration in the judicial venue within or nearest to Elkhart, Indiana, except that, to the extent you have in any manner violated or threatened to violate the contractual provisions of Site use and/or Virtual Chinese Medicine PMA domain, trademark, copyright, or other similar intellectual property rights, Virtual Chinese Medicine PMA exclusively reserves its right to seek injunctive or other appropriate relief in any Federal, State or Local Court(s) as set forth herein, and you consent to exclusive jurisdiction and venue in such Courts we select.
Virtual Chinese Medicine PMA further reserves the exclusive right to select binding Arbitration under the Terms and Conditions of this Site Use Agreement if deemed appropriate in its sole discretion. If selected by Virtual Chinese Medicine PMA, Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction as provided for herein.
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Pending arbitration proceedings or disputes shall in no way negate any obligation to remit payment to Virtual Chinese Medicine PMA.
SALES TAXES, APPLICABLE LAW AND SEVERABILITY
Virtual Chinese Medicine PMA conducts its business exclusively from its headquarters located in Elkhart, Indinana. As a resident business of the State of Indiana, Virtual Chinese Medicine PMA reserves the right to collect Indiana Sales Taxes on all purchases made by Indiana residents, or in connection with deliveries made within the State of Indiana.
By visiting or purchasing from Virtual Chinese Medicine PMA, you agree that the laws of the State of Indiana, without regard to principles of conflict laws, will govern the terms and conditions of Site Use, and any dispute of any sort that might arise between you and Virtual Chinese Medicine PMA.
In addition, you hereby agree that as a customer of Virtual Chinese Medicine PMA not residing in the State of Indiana, any applicable sales or use taxes will at all times remain your responsibility with respect to timely remitting payment to any state or local taxing authorities.
If any Site Use Conditions shall be deemed invalid, void, or for any reason unenforceable by a Court of competent jurisdiction, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Virtual Chinese Medicine PMA, L.L.C. controls the Site from its offices in Elkhart, Indiana, United States of America. Thus, you further agree that any legal action, proceeding or other matters relating to your access to or Use of the Site or its materials shall be governed by applicable U.S. Federal law or the laws of the State of Indiana.
In the event of any legal action arising hereunder, you also agree that Virtual Chinese Medicine PMA reserves the exclusive right to submit such legal actions within the jurisdiction and venue of any Arbitration forum, Federal or State Court within the area of Elkhart, Indiana, as selected by Virtual Chinese Medicine PMA and as applicable under this Agreement.
The material on this Site is provided for information purposes exclusively to members of Virtual Chinese Medicine PMA. The information, products and services offered by hereby have not been evaluated by the Food and Drug Administration, and as such, any associated products or services are not intended to constitute definitive medical advice, or to diagnose, treat, cure, or prevent any disease.
Copyright © 2014-2016 Virtual Chinese Medicine, a Limited Liability Company and Private Membership Association. All rights reserved.