First and foremost, you need to know that…
BY ACCESSING VERVANA.COM AND/OR AGELESSPAWS.COM YOU AGREE:
If you are not willing to, or cannot, be bound by all of the terms and conditions contained herein, including the preceding acknowledgement, then you should not access, browse, or otherwise use Vervana.com and/or AgelessPaws.com.
For reference, when we use the word, “Content” to describe material at Vervana.com and/or AgelessPaws.com, we are referring to: text, copy, images, photos, illustrations, software, scripts, sounds, music, videos, interactive features and the like, as well as trademarks, service marks and logos; this is not an exhaustive list.
GENERAL PERMISSIONS AND RESTRICTIONS
Vervana hereby grants you permission to access and use Vervana.com and/or AgelessPaws.com as set forth herein, provided that:
A. You agree not to alter or modify any part of Vervana.com and/or AgelessPaws.com, except as provided for herein. For example, you are welcome to post product reviews, but are expressly prohibited fromdirectly or indirectly promoting another (non-Vervana) product, service, person, organization, stores, company, etc. (See C below.)
B. You agree not to access Vervana.com and/or AgelessPaws.com content through any technology or means other than the authorized webpages and/or applications designated by Vervana, or other explicitly authorized by means Vervana may designate in writing.
C. You agree not to use Vervana.com and/or AgelessPaws.com, and all Content contained therein, for any commercial use without the prior written authorization of Vervana. To illustrate this, examples of commercial use include (but are certainly not limited to):
- Posting a product review at Vervana.com and/or AgelessPaws.com that directly or indirectly promotes or advertises another company, product, service, person, store, commercial web site, or organization;
- Using Vervana.com and/or AgelessPaws.com content to directly or indirectly promote, advertise or otherwise market another company, product, service, person, store, commercial web site, or organization;
- Using Dr. Stephen Sinatra’s name, image, or information about him – without his explicit prior written consent – to directly or indirectly promote, advertise or otherwise market another company, product, service, person, store, commercial web site, or organization;
D. Where expressly allowed by Vervana (see copyright info below), if you use any Vervana.com and/or AgelessPaws.com Content on another website, you must include a prominent text link back to Vervana.com and/or AgelessPaws.com on the pages where the Vervana.com and/or AgelessPaws.com Content is utilized. In such an instance you may not modify, build upon, or block any portion of the utilized Vervana.com and/or AgelessPaws.com Content.
F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses Vervana.com and/or AgelessPaws.com in any manner. Notwithstanding the foregoing, Vervana grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vervana reserves the right to revoke these exceptions either generally or in specific cases.
H. You will otherwise comply with the terms and conditions contained herein, and all applicable local, national, and international laws and regulations.
J. Vervana reserves the right to discontinue any aspect of Vervana.com and/or AgelessPaws.com at any time.
COPYRIGHT & LICENSE
Vervana.com and/or AgelessPaws.com Content, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to Vervana or its affiliates, and is subject to copyright and other intellectual property rights under the law.
© 2016 Vervana, LLC.
Vervana grants you a personal, revocable, non-exclusive, non-transferable, worldwide, royalty-free license to:
- Access and view Vervana.com and/or AgelessPaws.com and the material on these sites using a computer or mobile device via a web browser;
- Copy, upload, and store these web sites and the material on them in your web browser cache memory; and
- Copy, print, display, or distribute Vervana.com and/or AgelessPaws.com Content for your own personal, non-commercial use. For example, we highly encourage sharing our products, recipes and blogs through social media platforms.
- Copy, print, and/or publically display, post or otherwise distribute Vervana.com Content for educational, strictly non-commercial purposes, as long as you reproduce and include all copyright and other proprietary notices included in such Content.
Without prior written permission from Vervana, you are expressly prohibited from using Vervana.com and/or AgelessPaws.com Content to promote, advertise, market or sell any other service, product, person, company, store, or organization. You may request permission to use the copyrighted materials on this web site by writing to:
Attn: Legal Dept.
257 E. Center St.
Manchester, CT 06040
Unless otherwise provided in writing by Vervana, no license provided herein authorizes you to modify, adapt, translate, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of Vervana.com and/or AgelessPaws.com or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic.
By using Vervana.com and/or AgelessPaws.com, you also agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through Vervana.com and/or AgelessPaws.com for any commercial purposes.
Vervana does not grant you any other rights in relation to this web site or the material on it. In other words, all other rights are reserved. See also TRADEMARKS and OTHER INTELLECUTUAL PROPERTY RIGHTS below.
ADDITIONAL USER RESTRICTIONS
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Vervana.com and/or AgelessPaws.com Content.
A. Vervana.com and AgelessPaws.com Content is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless provided for herein.
B. To the extent user comments or product reviews are permitted, such comments or reviews are made available to you for your information and personal use solely as intended through the normal functionality of Vervana.com and/or AgelessPaws.com. User comments or reviews are made available “AS IS” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of Vervana or otherwise as prohibited herein.
D. You may access Vervana.com and/or AgelessPaws.com Content only as permitted herein. Vervana reserves all rights not expressly granted in and to Vervana Content and Vervana.com and AgelessPaws.com.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of Vervana.com and/or AgelessPaws.com or features that prevent or restrict use or copying of any Content or enforce limitations on use of Vervana.com and/or AgelessPaws.com or the Content therein these sites.
F. You understand that when using Vervana.com and/or AgelessPaws.com, you may be exposed to content from a variety of sources, and that Vervana is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third party content. You further understand and acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vervana with respect thereto, and agree to indemnify and hold Vervana, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the site.
USER ACCOUNTS: USER IDS AND PASSWORDS
When you purchase product at Vervana.com and/or AgelessPaws.com, you might create a user account, which identifies you by User ID and Password. When creating your user account, you are solely responsible for providing accurate and complete information, and you must keep your account password secure. You must also notify Vervana immediately of any breach of security or unauthorized use of your account.
By logging onto Vervana.com and/or AgelessPaws.com using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through Vervana.com and/or AgelessPaws.com. Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any third party.
In addition, you agree that you are entirely responsible for any and all activities which occur under your account whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account should you fail to sufficiently disconnect and/or log off Vervana.com and/or AgelessPaws.com and/or a public computer system. Accordingly, you absolve and release Vervana from any claim of harm resulting from a third party undertaking the activities.
Although Vervana is not liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Vervana or others due to such unauthorized use.
Vervana may disclose any records, electronic communications, information, materials or other content of any kind (i) if Vervana believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate Vervana; or (iii) to protect our rights or property or the rights or property of our users and business partners.
All trademarks, service marks, titles, domain names, logos, and company names (collectively “Trademarks”) referred to on Vervana.com and AgelessPaws.com are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Vervana or its affiliates or licensors. In countries where any of the Vervana trademarks, service marks, domain names, logos and company names are not registered, Vervana claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on Vervana.com and/or AgelessPaws.com may be trademarks of their respective owners.
Vervana does not grant to you any rights under any of the Trademarks, and you agree that you may not use any of the Trademarks without permission from the owner of such Other Trademark. With respect to the Other Trademarks owned by Vervana, you may contact Vervana at the address below, to request written permission to use the trademarks for purposes other than stated herein or for all other questions relating to Vervana.
OTHER INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of Vervana and the Content, and all intellectual property rights embodied therein, are the property of Vervana or its licensors, suppliers or affiliates.
Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content, you agree and acknowledge that:
- the Content, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to Vervana, and that no proprietary rights are being transferred to you in such materials or in any of the Content contained therein;
- You shall not, directly or indirectly, use any of the Content, Databases and any other information contained therein for any purposes other than your personal, non-commercial use;
- You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to compete directly or indirectly with Vervana;
- You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
- You shall not, directly or indirectly, use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations,
- misappropriation or misuse of the Content, Databases and any other information contained therein will cause serious irreparable damage to Vervana and that in such event money damages may not constitute sufficient compensation to Vervana consequently; and
- In the event of any misappropriation or misuse, Vervana shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which Vervana may be entitled.
In addition, you acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
Vervana vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Vervana may prosecute any unauthorized use or reproduction of any of the Content, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
Vervana and its affiliates do not provide medical advice. Any medically-related content on Vervana.com and/or affiliate sites is for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice, or delay in seeking medical advice, because of something you have read or purchased through Vervana.com and/or its affiliate sites.
If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by Vervana, its affiliates, Dr. Stephen Sinatra, or visitors to the site is solely at your own risk.
GENERAL DISCLAIMERS: NO WARRANTEES
Vervana and Vervana.com Content may include technical inaccuracies and/or typographical errors. Vervana may make changes or improvements at any time without notice. Vervana and the site Content are provided “as is” and without warranties or conditions of any kind either expressed or implied. Vervana disclaims, to the fullest extent permitted under applicable law, all warranties and conditions expressed or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties concerning the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of this site, the content, or any products, services or results obtained on or through Vervana.com and/or AgelessPaws.com.
Vervana does not represent or warrant the availability of the site, that Vervana.com and/or AgelessPaws.com and your use of these sites will be uninterrupted or error-free, that defects will be corrected, or that Vervana or the server that makes it available are free of viruses or other harmful components. Vervana does not warrant or make any representations regarding the use of or the result of the use of Vervana.com, AgelessPaws.com, and/or Content in terms of their correctness, accuracy, timeliness, reliability, applicability or otherwise. You (and not Vervana) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties. In addition to the foregoing, you agree that your use of Vervana.com and/or AgelessPaws.com, and the Content is at your own risk.
LIMITATIONS ON LIABILITY
Vervana will not be liable for any damages or injury caused by your use of Vervana and the Content, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Vervana will not be liable for any damages or injury, including but not limited to, indirect, incidental, special, punitive, exemplary or consequential damages(including, but not limited to, lost profits and damages that result from inconvenience, delay, or loss of use) that result from the use of, the inability to use, or reliance upon, Vervana.com and/or AgelessPaws.com, and the Content or any products or services obtained on or through these sites, even if there is negligence by Vervana or by an authorized Vervana representative, or an authorized Vervana representative has been advised of the possibility of such damages, or any of the above. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for such damages. Vervana’s total liability to you for losses, damages and causes of action will not be greater than the amount you paid to Vervana, if any, to access product(s) and/or information through Vervana.com and/or AgelessPaws.com.
You agree to indemnify, defend and hold harmless Vervana, Vervana’s officers, directors, employees, agents, affiliates, content providers, customers and suppliers from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from:
- Your use of Vervana.com and/or AgelessPaws.com, and any of the Content, or any products or services obtained on or through these sites;
- Any arrangements you make based on the Content and/or product(s) obtained on or through Vervana.com and/or AgelessPaws.com;
- Any breach by you of the terms contained herein; and
- Any activity related to your Vervana.com and/or AgelessPaws.com accounts (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the site using your Vervana.com and/or AgelessPaws.com accounts.
RELEASE FOR FORCE MAJEURE
You absolve and release Vervana and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
Vervana reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to Vervana.com and/or AgelessPaws.com, and any of the Content on these sites; or (ii) to change, remove or discontinue any of the Content, products or services available on or through Vervana.com and/or AgelessPaws.com.
You may terminate this agreement at any time by destroying: (a) all of the Content obtained from Vervana, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon Vervana’s request, you agree to certify in writing that all of the Content has been destroyed.
The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions contained herein – which by their nature are intended to survive– will survive the termination or expiration of any license provided to you by Vervana.
Any legal notice, other document or communication required or permitted hereunder to Vervana will be deemed to have been duly given only if in writing and delivered by certified U.S. mail, return receipt requested, postage prepaid, to Vervana at:
ATTN: Legal Department
257 East Center Street
Manchester, CT 06040.
Notices to Vervana shall be deemed delivered when actually received by Vervana or its authorized representatives.
Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to Vervana when you order product or create an account with us. Such notice will be deemed received by you the next business day after the e-mail is sent.
Should you elect to send or receive e-mail communications of any kind to or from Vervana, you represent and warrant to Vervana that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION / COMPLIANCE WITH LAWS
Except as described otherwise, Vervana is controlled and operated from within the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If you use Vervana.com and/or AgelessPaws.com from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If you download or use the Content you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access, browsing and use of Vervana.com and/or AgelessPaws.com, the Content and the terms and conditions of the User Agreement are governed by U.S. federal law and/or the laws of the State of New Jersey, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A., YOU AND VERVANA AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between you and Vervana (the “parties”) concerning Vervana.com and/or AgelessPaws.com or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in New Jersey. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
No delay or omission by Vervana to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair any such right or power or be construed to be a waiver thereof. Any waiver by Vervana of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
Vervana is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and Vervana.
CONTINUED USE DEEMED ACCEPTANCE
This constitutes the entire agreement between you and Vervana with respect to your use of Vervana.com and/or AgelessPaws.com and the Content, and supersedes any and all prior understandings or agreements between you and Vervana, whether written or oral. You acknowledge that, in providing you access to and use of Vervana.com and/or AgelessPaws.com and the Content, Vervana has relied on your acceptance of this agreement.